1. GENERAL PROVISIONS
1.1 The online store available at https://casecoregames.com is run by Emil Cychylik running a business under the name Room Jack Heroes – Emil Cychylik (address of the place of business and correspondence address: Bośniacka 6A street, 70-842 Szczecin) entered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, NIP: 9552404869 e-mail address: firstname.lastname@example.org, phone number: +48 575 070 495
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is directed only to consumers or entrepreneurs.
- Store / Online store / Shop – the online shop operating at https://casecoregames.com, where goods and services are offered by the Seller through the internet.
- Customer – a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.
- Consumer – a Customer who places an order in a Seller’s store which is unrelated to his/her business or professional activity.
- Working day – one day from Monday to Friday, excluding public holidays.
- Product – a movable item that is the subject of the Sales Agreement between the Customer and the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Store: Order Form and Newsletter.
2.2 Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order using the Order Form takes place after clicking on the Online Store website after completing in the Order Form, the field “I order with payment obligation” – until then there is a possibility of independent modify the entered data (to do this, follow the displayed messages and information available on the Online Store website).
2.3 In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product (s), quantity of the Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.4 The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it.
2.5 Newsletter – the use of the Newsletter takes place after entering the email address in the “Newsletter” tab visible on the Online Store website to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field
2.6 The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: email@example.com.
2.8 The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality with respect for the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The recipient is prohibited from providing illegal content.
2.9 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return or exchange according to our Return Policy.
2.10 We have made every effort to display as accurately as possible the images and descriptions of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
2.11 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
2.12 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2.13 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1 The purpose of the Online Store is to enable and facilitate the Customer placing an Order and concluding a Sales Agreement. However, the order may be placed by the Customer and the Sales Agreement may also be concluded in other ways provided for by law and in accordance with the Customer’s choice, including via email, phone or other sales channels.
3.2 The Seller is obliged to inform the Customer in a clear and understandable manner about the total price under the Sales Agreement including taxes and their calculation and about the method and date of its payment.
3.3 The conclusion of the Sales Agreement between the Customer and the Seller may take place, in particular, after the Customer has placed an Order using the Order Form available in the Online Store, via e-mail, phone or other sales channel. The Sales Agreement itself may be concluded in accordance with generally applicable regulations, in particular the Civil Code and the Consumer Rights Act, as a result of the acceptance (confirmation) of the Customer’s Order by the Seller, as a result of the Customer’s acceptance of the Seller’s offer regarding the Sales Agreement submitted to the Customer or if the Customer and Seller conduct negotiations to conclude a Sales Agreement, when the Customer and the Seller come to an agreement as to all its provisions, which were the subject of negotiations.
3.4 The content of the concluded Sales Agreement is consolidated, secured and made available to the Customer by (1) providing these Regulations and (2) sending the content of the concluded Sales Agreement to the Customer via email. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. PRICES, CURRENCY AND TAXES
4.1 The prices given on the Online Store exclude VAT and are stated in United States dollars (USD).
4.2 If the goods are purchased by a customer who is not a registered VAT-EU payer and conducts business in the European Union or by a consumer, Polish VAT in the amount of 23% will be added to the total amount of the order.
4.3 VAT will not be added to orders shipped outside the European Economic Area (eg USA, Canada, Australia). Nevertheless, the buyer will be required to pay all customs and tax duties applicable to his country at the time of receipt of the shipment.
5. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5.1 The Seller provides the Customer with the following payment methods under the Sales Agreement:
5.1.1 Payment by direct bank transfer to the Seller’s bank account.
Bank: ING Bank Śląski SA.
IBAN – PL 47 1050 1559 1000 0097 2972 9518
BIC SWIFT: INGBPLPW
5.1.2 Electronic payments and card payments via the website http://paypal.com/, – possible current payment methods are specified on the Online Store website in the “Payment methods” tab.The service of electronic payments and payment cards is provided by:
PayPal (Europe) S.à r.l. & Cie, SCA with headquarters at L-1150 in Luxembourg holds a valid license as a Luxembourg credit institution within the meaning of Article 2 of the Financial Sector Act of April 5, 1993 as amended and is closely supervised by the Luxembourg supervisory authority, Commission de Surveillance du Secteur Financier (Financial Sector Supervision Commission). Due to the fact that the service is limited to electronic financial transactions which are not considered to be deposits or investment services in the spirit of the Act, PayPal customers are not protected by Luxembourg deposit guarantee programs operated by the Association pour la Garantie des Dépôts Luxembourg (AGDL).
5.2 If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
6. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
6.1 Product delivery is available worldwide, as long as the region of delivery is covered by shipping service providers selected by the Seller.
6.2 The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise.
6.3 Product delivery costs (excluding all customs duties) are indicated to the Customer on the Online Store website in the “Delivery costs” tab and when placing the Order, when the Customer expresses his will to be bound by the Sales Agreement.
6.4 The deadline for delivery of the Product to the Customer is up to 21 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 21 Business Days. The start of the period for delivery of the Product to the Customer is counted as follows:
6.5 If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of payment entry into the Seller’s bank account.
7. PRODUCT COMPLAINT AND RETURN POLICY
7.1 The Seller is obliged to provide the Customer with a Product without defects.
7.2 The Seller excludes the rights from warranty when selling to the Customers who are not Consumers.
7.3 Returns when selling to the Customers who are not Consumers are not possible.
7.4 All packages are individually inspected prior to shipment and all packages are insured. In the event of a transport damage, the recipient is obliged to draw up an appropriate damage report directly upon receipt of the package. In the absence of a report, the actual moment of the damage cannot be determined, therefore no insurance cover can be provided to compensate.
7.5 Despite the exclusion of liability in the previous paragraphs, the seller undertakes to provide support to the business customer for a period of one year. This support may take the form of advice, free repair, provision of spare parts for self-repair or replacement of the product with a new one, however, all costs related to the transport of the products or parts to the seller’s service and return to the Customer are borne by the Customer. The form of the support provided depends solely on the individual assessment performed by the seller and cannot be the object of the customer’s request.
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1 A consumer who has concluded a distance contract in the EU may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example: in electronic form via e-mail to the following address: firstname.lastname@example.org
8.2 The period for withdrawal from the contract begins:
8.2.1 for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;
8.2.2 for other contracts – from the date of the contract.
8.3 In the event of withdrawal from a distance contract, the contract is considered void.
8.4 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of his return, depending on which event occurs first.
8.5 The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Bośniacka 6A, 70-842 Szczecin, Poland.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1 This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.
9.2 The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3 In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
9.4 Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
9.5 If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability.
9.6 According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
9.7 In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Customer an appropriate statement.
9.8 The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, however not more than up to the amount of PLN 1,000. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Customer / Customer who is not a consumer.
9.9 Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10. FINAL PROVISIONS
10.1 Agreements concluded via the Online Store are concluded in English.
10.2 The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.3 In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the acquired rights of the Customers / Customers who are consumers before the effective date of the amendments to the Regulations, in particular amendments Of the Regulations will not affect the already placed or placed Orders and concluded, implemented or performed Sales Agreements.
10.4 In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271, as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.