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Regulations

GENERAL PROVISIONS
1. The embrofly.com online store is Tomasz Wójtowicz conducting business under the name “FIRMA PRODUKCYJNO-HANDLOWO-USŁUGOWA “MULTI” Tomasz Wójtowicz, Jasionka 835C, 36-002 Jasionka, NIP: 8671835960, REGON: 831357084, e-mail address: biuro@embrofly.com.
2. These Terms and Conditions of the online store define the rules for making purchases in the embrofly.com online store and, in particular, the rules and procedure for concluding distance sales contracts through the Store and the procedure for withdrawal from the contract by the Consumer.
3. With respect to Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Law on Provision of Electronic Services of July 18, 2002. (i.e., Journal of Laws of 2020, item 344, as amended).
4. Regulations are addressed to all customers of the Store. All customers are obliged to familiarize themselves with the provisions of the Terms and Conditions, before making a purchase.
5. Each customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Terms and Conditions in effect at the time of the order.
6. Each customer has the opportunity to review the Terms and Conditions at any time by clicking on the hyperlink “Terms and Conditions and Privacy Policy” on the embrofly.com store website. Regulations can be downloaded and printed at any time.
7. All information contained on the website of the embrofly.com store relating to products (including prices), do not constitute an offer within the meaning of art. 66 of the Civil Code of April 23, 1964. (i.e., Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964. (i.e., Journal of Laws 2019, item 1145, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Service for the price and conditions specified in the description.
DEFINITIONS
Regulations – this set of regulations organizing the rules of use of the Store’s Services by Customers.
Consumer – a natural person making a civil contract through the Store, not directly related to his/her business or professional activity.
Customer – a natural person (including a Consumer) who is at least 13 years old (provided that he/she has obtained the consent of the legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses the Services provided by the Store.
Order Form – a Service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Services to the Cart and specifying certain terms and conditions of the Sales Agreement, among others. method of delivery and payment.
Shopping Cart – an element of the Store in which the Services selected by the Customer are visible and in which the Customer has the opportunity to determine and modify the Order data, including the quantity of Products purchased.
Store – an Internet service, belonging to the Seller, available under the domain: embrofly.com, through which the Customer can purchase Services from the Seller.
Seller – Tomasz Wójtowicz conducting business under the name “FIRMA PRODUKCYJNO-HANDLOWO-USŁUGOWA “MULTI” Tomasz Wójtowicz, Jasionka 835C, 36-002 Jasionka, NIP: 8671835960, REGON: 831357084, e-mail address: biuro@embrofly.com.
Service – economic activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (at a distance), through the transmission of data at the individual request of the Customer, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. – Telecommunications Law (i.e., Journal of Laws 2019, item 2460, as amended).
Sales Contract – a contract for the sale of Services at a distance concluded by the Customer through the Store, usually through the Order Form.
RECEIVING AND PROCESSING ORDERS
1. Use of the Store is conditional on reading and accepting these Terms and Conditions. By placing an order, the Customer accepts the content of the Terms and Conditions.
2. Orders from Customers are accepted by means of a sent Order Form, made through the website: embrofly.com, 7 days a week, 24 hours a day.
3. Ordering of the Services is accomplished by selecting the Services in which the Customer is interested, clicking on the “ADD TO CART” button, located next to the description of the Services, and then, from the “CART” level, located in the Shop tab, completing the Order Form, including selection of the form of delivery and payment or selection of the payment on delivery option, if available for the Service, and then clicking on the purchase confirmation.
4. After placing an order, the customer receives a confirmation of the placed order to his e-mail address, provided in the Order Form.
5. After the customer receives confirmation of acceptance of the offer, the process of order processing by the Seller begins, whereby:
  - in the case of an order paid on delivery – begins at most on the next business day, after its confirmation by the Seller.
  - in the case of an order paid by traditional transfer – begins after the payment for the order is credited to the Store’s bank account.
6. Orders placed in the Store are processed 24 hours a day, regardless of the day of the week.
7. The customer will receive a message about the acceptance of the order for processing, which is understood as a statement of the Seller’s acceptance of the offer. As soon as it is received, by the Customer, the Contract of Sale is concluded.
8. A VAT receipt is issued for each order. A VAT invoice will also be sent upon request.
9. The available means of communication of the Customer with the Store is: e-mail – biuro@embrofly.com.
10. The price specified in the order is the total value that the customer is obliged to pay (gross price). It includes the applicable tax The cost of delivery is not included in the price, as it depends on the delivery method chosen by the customer for the purchase.
11. The Seller reserves the right to change prices found in the Store, introduce new Services for sale, carry out and cancel promotional actions, or make changes to them, in accordance with applicable laws.
12. If the Consumer will be required to pay more than the agreed price, described in the previous paragraph, the Store will immediately inform the Customer of this fact, explaining the reason for the price difference. The Client will be charged with additional costs only after obtaining the Client’s express consent.
PAYMENT EXECUTION
1. As part of the operation of the Store, the following payment methods are possible:
  - PayU.
RIGHT OF WITHDRAWAL
1. In accordance with the Law on Consumer Rights of May 30, 2014. (i.e., Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of Services purchased from the Store, without giving any reason, by submitting an appropriate statement in writing, within 14, counting from the day of receipt of the Services. In order for the Consumer to meet this deadline, it is sufficient to send the statement, before its expiration.
2. The consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. A model statement is attached as Appendix 1 to these regulations.
3. The declaration of withdrawal should be sent to the e-mail address: biuro@embrofly.com.
4. The seller, within 14 days, from the date of receipt of the declaration of withdrawal from the contract, will return to the consumer all payments made by him.
5. The Seller will refund the payment using the same method of payment used by the Consumer.
6. The right of withdrawal from the Sales Contract does not apply to the Consumer with respect to the contract:
  - in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs;
  - in which the object of performance is an item that is perishable or has a short shelf life;
  - in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
  - in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
  - in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
  - for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
  - in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
  - for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
7. The right of withdrawal from a contract concluded at a distance does not apply to an entity other than the Consumer.
JUDICIAL RESOLUTION OF DISPUTESIn the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things. z:
- Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found at this link.
- Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at this link.
- Free assistance from the city or county consumer ombudsman.
- Online ODR platform available at: http://ec.europa.eu/consumers/odr/.
SHIPPING
1. The seller reserves the right to verify by phone or e-mail the order placed by the customer. If it is not possible to verify the order through the data entered by the Customer during the order process, the Seller reserves the right to refuse to process such an order.
2. Placing an order is binding at the moment when the e-mail address provided in the registration form receives a feedback from the Seller confirming the order.
3. The seller reserves the right to cancel the order in case of inability to complete it or other reasons beyond its control.
FINAL PROVISIONS
1. The Regulations set out the rules for the conclusion and performance of the Agreement for the sale of Services located on the Store’s website.
2. The sales contract is concluded between the Customer and the Seller.
3. The Terms and Conditions are available to all customers electronically on the embrofly.com store website.
4. In order to use the Store’s Services, it is necessary to have devices that allow access to the Internet and a web browser that allows the display of web pages, as well as to provide an e-mail address to send information, concerning the execution of the order.
5. It is forbidden for all persons, including customers, to post unlawful content on the Store’s website.
6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude and do not limit any of the rights of the Customer, who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Rules and Regulations and the mandatory provisions of law granting rights to consumers, the provisions shall prevail.
8. In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions for the remainder shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another that reflects the intended economic purpose as closely as possible. Accordingly, this also applies to any gaps in the Regulations.