Terms of Sale

Introductory provisions

1. The Seller is:

Company name: “Amanda” Sylwia Boruta
Registered address: Wiślicka 6b, 43-430 Skoczów, Poland
Tax ID (NIP): 5481268367

2. You can contact the Seller:

by email: biuro.zakopanequady@gmail.com
by post / in writing at: Wiślicka 6b, 43-430 Skoczów, Poland
by phone: 536 274 259

3.

These Terms of Sale set out the rules for providing services by electronic means and the rules and procedure for concluding distance contracts with the Seller – the sale of Tickets. In particular, these Terms of Sale specify the rights and obligations of the Parties, as well as the complaint procedure.

4.

These Terms of Sale constitute the terms and conditions referred to in Article 8(1)(1) of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2017.1219 of 24 June 2017, as amended).

5.

These Terms of Sale are made available free of charge via the online service in a manner that enables you to obtain, reproduce, record, and print the content of the Terms of Sale.

§1. Definitions

1.

Customer – a natural person (including a Consumer) who is at least 13 years old; if the Customer is not of legal age, the consent of their statutory representative or legal guardian is required; as well as a legal person and an organisational unit without legal personality to which the law grants legal capacity, who uses a service provided electronically by the Seller.

2.

Consumer – a natural person performing a legal act with an entrepreneur (the Seller) that is not directly related to the Consumer’s business or professional activity.

3.

Sales panel – a set of cooperating IT devices and software enabling the provision of services by electronic means and the conclusion of a distance contract with the Seller, available within the Seller’s online service.

4.

Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, in particular in light of the subject of business activity disclosed under the provisions on the Central Registration and Information on Business (CEIDG).

5.

Seller – the entity selling the right to use a service in a service facility. The Seller’s registration and contact details are visible in the sales panel, directly under the order finalisation button.

Online payment system – Autopay S.A. (formerly Blue Media S.A.) with its registered office in Sopot, ul. Powstańców Warszawy 6, registered in the District Court Gdańsk–Północ in Gdańsk, 8th Commercial Division of the National Court Register (KRS) under number 0000320590, share capital PLN 2,000,000 (fully paid), Tax ID (NIP): 585-13-51-185; entered in the register of payment service providers under number IP17/2013.

6.

Sales Agreement – a sales contract concluded at a distance between the Customer and the Seller under the rules set out in these Terms of Sale.

7.

Ticket – confirmation of concluding an agreement to use a service (e.g. admission to an aquapark, attraction, museum, fitness pass, workshop entry, trip participation, cosmetic service, etc.) concluded with the Seller, for a specific date or valid until the date indicated on the Ticket, during the opening hours and dates of the service facility and – where explicitly indicated during the purchase and on the Ticket – after prior reservation of a date/time slot.
If the Ticket does not specify the number of persons who may use the service, the Ticket authorises one person to use the service.

8.

Order – the Customer’s declaration of intent directly aimed at concluding a distance contract via the sales panel, specifying the type and number of Tickets.

9.

E-receipt – a fiscal document in electronic form, governed by the Act on Value Added Tax of 11 March 2004, the Regulation of the Minister of Finance on cash registers, and the regulations of the Ministry of Development and Technology on the criteria and technical conditions for cash registers.

§2. General information on how to use the offer

General information on how to use the offer, e.g. facility availability and rules for using the facility, is provided on the Seller’s website: https://zakopanequady.com/.

§3. Types, scope, and conditions of providing services by electronic means

1.

The Seller provides the following services via the sales panel:

a service enabling you to ознакомиться with the Seller’s offer,
a service enabling you to conclude an online (distance) agreement by ordering a Ticket,
a service of sending the Ticket to the email address provided by the Customer.

2.

Technical requirements for using the services available via the sales panel are as follows: a device connected to the Internet; a web browser enabling the display of hypertext documents available on the Internet with JavaScript enabled: Google Chrome / Google Chrome Mobile version 63 or later, Mozilla Firefox version 52 or later, Opera version 58 or later, Internet Explorer version 11 or later, or another compatible browser; having a current, active, correctly configured email account.

§4. Rules for providing services by electronic means and conditions for concluding and terminating agreements for providing services by electronic means

1.

Starting to use the services covered by these Terms of Sale is equivalent to concluding an agreement for the provision of services by electronic means available via the sales panel, without the need to draw up a separate agreement. When the Customer stops using the services made available via the sales panel, the agreement for the provision of services by electronic means is automatically terminated without additional statements, at the moment the Customer leaves the sales panel, except for the service of sending the Ticket to the email address – this service ends after the Ticket is sent to the Customer’s indicated email address.

2.

The ability to use the services: the service enabling the conclusion of an online (distance) agreement by ordering a Ticket and the service of sending a Ticket to the email address provided by the Customer depends on placing an order for a Ticket in accordance with the rules described in §4.

3.

The service of sending the Ticket to the email address provided by the Customer takes place after the Ticket sales agreement is concluded. The Customer can start and stop using the service enabling the conclusion of an online (distance) agreement by ordering a Ticket at any time.

4.

The ability to use the free service: the service enabling the Customer to view the Seller’s offer is performed each time at the Customer’s individual request. The Customer may start and stop using the service at any time. Leaving the website where the sales panel is located means resignation from receiving this service from the Seller.

5.

The Customer is obliged to use the store in a manner consistent with the law and good practice, taking into account respect for personal rights and intellectual property rights of third parties.

6.

The Customer is obliged to provide data consistent with the facts.

7.

The Customer is prohibited from providing unlawful content.

§5. Conclusion of sales agreements and payment method

1.

To place an order, you must select the Ticket or Tickets available in the sales panel, specify their quantity, select any additional parameters required in the form, accept these Terms of Sale, the Privacy Policy, and the Facility Regulations, performing subsequent technical steps based on messages or information displayed on the website. To process the order, the Customer must provide all data necessary to complete it, which are marked as required fields in the sales panel.

2.

The total order value and the final order price are shown in the payment summary and are visible before the Customer finally confirms the order.

3.

After clicking the “Proceed to payment” button, the Customer will be redirected to the online payment system in order to pay for the order. The Customer makes the payment via the online payment system and, to do so, must accept the terms of the online payment system.

4.

The entity providing online payment handling is the online payment system. Fast online transfers are available as well as payment by the following cards:

Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro

5.

Upon redirection to the online payment system, the Customer should promptly initiate payment for the Order. If the online payment system does not register the payment within the specified time, the ordered services return to the pool of available services; if the funds arrive after that time, they will be automatically refunded to the Customer. To order Tickets again, the Customer must complete the order form again and make a new payment.

6.

A Customer who successfully makes a payment concludes a sales agreement. Confirmation of the agreement is receiving the Ticket at the email address provided in the sales panel order form.

7.

The Ticket constitutes proof of purchase.

8.

The Customer is obliged to pay the price for the purchased Ticket, together with any ordered add-ons. If several Tickets are ordered, the prices of individual Tickets are summed. The total price is indicated in the order form completed by the Customer. After the Customer selects the payment method and, where applicable, delivery, the Customer will be informed of the total price of the order including any delivery costs (summary), before confirming the order.

9.

Ticket prices are given in Polish zloty (PLN). The Seller provides the gross price. The gross price includes all components, including VAT.

10.

The Seller fulfils its obligation towards the Customer by enabling the Customer to exercise their rights – to use the service – within the date and under the conditions indicated during purchase and on the Ticket, and also under the conditions of the Facility Regulations, if the Facility Regulations were indicated during purchase.

11.

Incorrect data provided in the form may be reported by the Customer to the Seller for correction by sending an email to the Seller’s address (biuro.zakopanequady@gmail.com) or by contacting the Seller by phone (536 274 259).

12.

The Customer may contact the Seller via the Seller’s email address (biuro.zakopanequady@gmail.com) or the Seller’s phone number (536 274 259).

13.

The Seller bears no responsibility for incorrect or untrue data provided by the Customer.

§6. Withdrawal from the agreement

1.

For Tickets for which a specific day or period of service provision is indicated and which concern contracts for the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, where the agreement specifies the day or period of service provision, the Buyer has no right to withdraw from the distance agreement and receive a refund. This results from Article 38(1)(12) of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2020, item 287, as amended).

2.

If paragraph 1 above does not apply, and if:

the Ticket has not been used by the Customer,
the Ticket’s redemption date has not yet passed,

then within 14 days of purchasing the Ticket the Customer may withdraw from the agreement without giving reasons by notifying the Seller in writing via email to: biuro.zakopanequady@gmail.com. The notification should include the Ticket that is the subject of the return.

3.

Immediately after receiving the statement of withdrawal from the Sales Agreement, the Seller will send the Customer an email confirming receipt of the withdrawal statement.

4.

Where a refund is possible, the refund will be made promptly, no later than within 14 days of receiving the withdrawal statement, electronically using the same payment method that the Customer used to purchase the Ticket.

5.

The Seller has the right to terminate the agreement, indicating a valid reason. To this end, the Seller will promptly inform the Customer in writing at the email address used to purchase the Ticket and will propose an exchange for an equivalent service or a refund. If the Customer does not agree to an exchange, the Seller will refund within 7 days from informing the Customer about the termination of the agreement all payments made by the Customer regarding the Ticket covered by the agreement.

6.

In the event of withdrawal from the Sales Agreement, it is deemed not concluded.

7.

The provisions of §6 apply also to an Entrepreneur with consumer rights.

§7. Complaints, statutory warranty for defects

1.

The Seller makes every effort to ensure that the services covered by the Ticket are provided without defects and in accordance with the service description.

2.

In the event of non-conformity of the Ticket with the concluded Sales Agreement, the Consumer or the Entrepreneur with consumer rights has the rights set out in Chapter 5A (Articles 43a et seq.) of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2020, item 287, as amended).

3.

For Customers who are Entrepreneurs, the statutory warranty is excluded.

4.

The Seller is liable for the lack of conformity of the Ticket with the Sales Agreement existing at the time of delivery and revealed within two years from that time, unless the usability period of the Ticket specified by the Seller is longer.

5.

A Ticket is in conformity with the agreement if:

in particular, its description, type, quantity, quality, completeness, and functionality remain in conformity with the agreement;
in particular, it is fit for a specific purpose for which the Consumer needs it, of which the Consumer informed the Seller no later than at the time of concluding the agreement and which the Seller accepted;
it is fit for the purposes for which goods/services of that type are usually used, taking into account applicable legal provisions, technical standards, or good practices;
it is provided in such quantity and has such characteristics, including durability and safety, as are typical for goods/services of that type and which the Consumer may reasonably expect, taking into account the nature of the goods/service and the public assurance given by the entrepreneur, its legal predecessors, or persons acting on its behalf, in particular in advertising or on the label, unless the entrepreneur proves that:
1. it did not know about the public assurance and, acting reasonably, could not have known about it,
2. the public assurance was corrected before the conclusion of the agreement under the conditions and in the form in which it was made, or in a comparable manner,
3. the public assurance did not influence the Consumer’s decision to conclude the agreement.

6.

The Seller is not liable for non-conformity of the Ticket with the agreement in the scope referred to in paragraph 5 above if the Consumer, no later than at the time of concluding the agreement, was expressly informed that a specific feature of the Ticket deviates from the conformity requirements set out in paragraph 5 above and the Consumer expressly and separately accepted the lack of that specific feature.

7.

Complaints should be submitted in writing via email to the Seller’s address: biuro.zakopanequady@gmail.com. The submission should include the Ticket to which the complaint relates. A description of the situation should be attached to the complaint.

8.

Each written complaint will be considered within 14 days from the date of delivery.
In the event of deficiencies in the complaint (e.g. failure to attach the Ticket), the Seller will request the Customer to complete it to the necessary extent without delay, but no later than within 7 days from the date the Customer receives the request.

§8. Disputes

1.

Unless mandatory provisions of law provide otherwise, any disputes concerning agreements concluded between the Seller and the Customer shall be resolved by the court having local jurisdiction over the Seller’s registered office.

2.

In disputes involving a Consumer, it is possible to use out-of-court methods of handling complaints and pursuing claims. Detailed information is available on the websites of county (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, regional inspectorates of the Trade Inspection, and at the following address of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php.

3.

The Seller informs that pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, at https://ec.europa.eu/consumers/odr/ there is an online dispute resolution platform between consumers and traders at EU level (ODR platform).

4.

The use of available out-of-court methods of handling complaints and pursuing claims is possible after completing the complaint procedure and is voluntary – the Seller will express consent or refusal individually in each case.

§9. Final provisions

1.

If any provisions of these Terms of Sale are deemed invalid or ineffective in the manner provided by law, this does not affect the validity or effectiveness of the remaining provisions. In place of an invalid provision, a rule will be applied that is closest to the objectives of the invalid provision and these Terms of Sale as a whole.

2.

In matters not regulated herein, the provisions applicable in the territory of the Republic of Poland shall apply, in particular the Act of 23 April 1964 – the Civil Code (consolidated text: Journal of Laws 2022, item 1360, as amended), the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text: Journal of Laws 2020, item 344), and the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2020, item 287, as amended).

3.

The Seller reserves the right to amend these Terms of Sale. Amendments enter into force from the moment they are indicated and published in the sales panel. Agreements concluded before the amendment remain governed by the previous version of the terms (binding at the time the agreement was concluded – therefore, the change will not affect agreements concluded earlier).