Regulations

REGULATIONS of Store ASSASSINS-ARMS.COM

Table of Contents:

The Online Shop www.assassins-arms.com is committed to respecting consumer rights. The consumer may not waive the rights conferred on them by the Consumer Rights Act. The provisions of the contracts which are less favourable to the consumer than the provisions of the Consumer Rights Act shall be considered null and void, and they shall be replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights conferred on the consumer by the mandatory provisions of law, and any possible doubt shall be explained for the benefit of the consumer. In the event of any inconsistencies between these Terms and Conditions and the above regulations, priority shall be given to these regulations, and they shall be applied accordingly.

1. GENERAL PROVISIONS back to Table of Contents

1.1. The Online Shop available at the Internet address www.assassins-arms.com is run jointly by business partners who operate as a civil law partnership under the name ASSASSINS PAINTBALL S.C. GRZEGORZ ARMATYS, MAŁGORZATA DŁUGOSZ BELLFORD (business address: ul Nad Potokiem 6/70 , 30-830 Kraków Poland, and address for service: ul Płk. Dąbka Box G 30-732 Kraków Poland), NIP Number [Tax Identification Number] 6792926034, REGON Number [National Business Registry Number] 120411196, email address: sklep@assassins-arms.com, i.e. the NIP Number and the REGON Number belonging to GRZEGORZ ARMATYS, who operates under the name GRZEGORZ ARMATYS (business address: ul Nad Potokiem 6/70 , 30-830 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy under NIP Number [Tax Identification Number] 6792761372, REGON Number [National Business Registry Number] 120179983; and MAŁGORZATA DŁUGOSZ BELLFORD, who operates under the name MAŁGORZATA DŁUGOSZ BELLFORD ASSASSINS PAINTBALL (business address: ul. Kazimierza Wierzyńskiego 20/13 30-198 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy under NIP Number [Tax Identification Number] 6792658349, REGON Number [National Business Registry Number] 121313685.
1.2.      These Terms and Conditions apply to both consumers and businesses who use the Online Shop services (excluding Point 9 of the Terms and Conditions, which applies only to businesses).
1.3.      The Service Provider is identified as the controller of personal information processed in connection with the implementation of the provisions inherent in these Terms and Conditions. Personal information shall be processed for the purposes, in respect of and in accordance with the principles outlined in the Privacy Policy as published on the Online Shop's website. Providing personal information is voluntary. Any person whose personal information is processed by the Service Provider has the right to access its content and to update and amend it.
1.4.     Definitions:
1.4.1. WORKING DAY is any day from Monday to Friday, excluding public holidays.
1.4.2.      REGISTRATION FORM is a form available at the Online Shop which allows the Customer to create their Account.
1.4.3.      ORDER FORM (Electronic Service) is an interactive form available on the Online Shop's website which allows the Customer to submit their Orders, in particular by adding Products to their electronic shopping basket and by determining the conditions of the Sales Contract, including the methods of payment and delivery.
1.4.4.      CUSTOMER is (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable rules and regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an entity without legal personality which is granted legal capacity by the law; who has entered into or intends to enter into a Sales Contract with the Seller.
1.4.5.      CIVIL CODE is the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6.      ACCOUNT (Electronic Service) is a set of resources in the ICT system of the Service Provider protected by the username (login) and password provided by the Customer in which data provided by the Customer and information on their Orders at the Online Shop are collected.
1.4.7.      NEWSLETTER (Electronic Service) is an electronic distribution service rendered by the Service Provider via email which allows all Service Users to automatically receive from the Service Provider subsequent editions of the Newsletter containing information on Products, new offers and promotions at the Online Shop.
1.4.8.      PRODUCT is a movable good available at the Online Shop and the subject of the Sales Contract between the Customer and the Seller.
1.4.9.     TERMS AND CONDITIONS are the Terms and Conditions of this Online Shop.
1.4.10.    ONLINE SHOP is the online shop run by the Service Provider at the Internet address: www.assassins-arms.com.
1.4.11.    SELLER; SERVICE PROVIDER is identified as business partners who operate as a civil law partnership under the name ASSASSINS PAINTBALL S.C. GRZEGORZ ARMATYS, MAŁGORZATA DŁUGOSZ BELLFORD (business address: ul Nad Potokiem 6/70 , 30-830 Kraków, and address for service: ul Płk. Dąbka 10 box G, 30-732 Kraków Poland), NIP Number [Tax Identification Number] 6792926034, REGON Number [National Business Registry Number] 120411196, email address: sklep@assassins-arms.com, i.e. GRZEGORZ ARMATYS, who operates under the name GRZEGORZ ARMATYS (business address: ul Nad Potokiem 6/70 , 30-830 Kraków), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy under Tax Identification Number 6792761372, National Business Registry Number 120179983; and MAŁGORZATA DŁUGOSZ BELLFORD, who operates under the name MAŁGORZATA DŁUGOSZ BELLFORD ASSASSINS PAINTBALL (business address: ul. Kazimierza Wierzyńskiego 20/13 30-198 Kraków Poland), the entry to the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for the economy under NIP Number [Tax Identification Number] 6792658349, REGON Number [National Business Registry Number] 121313685.
1.4.12.    SALES CONTRACT is a contract for the sale of a specific product concluded between the Customer and the Seller via the Online Shop.
1.4.13.    ELECTRONIC SERVICE is a service provided online to the Service User by the Service Provider via the Online Shop.
1.4.14.    SERVICE USER is (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable rules and regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an entity without legal personality which is granted legal capacity by the law; who uses or intends to use the Electronic Service.
1.4.15.    CONSUMER RIGHTS ACT, ACT is the act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
1.4.16.    ORDER is a declaration of intent submitted by the Customer using the Order Form with the aim of entering into a Sales Contract with the Seller.

2.    ELECTRONIC SERVICES PROVIDED BY THE ONLINE SHOP back to Table of Contents

2.1.      The Online Shop provides the following Electronic Services: Account, Order Form and Newsletter.
2.1.1.      Account: the Service User may use the account after completing a total of two consecutive steps: (1) by filling in the Registration Form and (2) clicking on the Register button. The Service User is required to provide the following information in the Registration Form: full name, address (street, house/apartment, postcode, city, province, country), email address, contact phone number and password.
2.1.1.1.      The Electronic Account Service shall be provided free of charge and for an indefinite period of time. The Service User may delete the Account (cancel the Account) at any time and without providing any reason by making a suitable request to the Service Provider, in particular by email to the following address: sklep@assassins-arms.com, or in writing to the following address: ul. Płk. Dąbka 10 Box G, 30-732 Kraków Poland.
2.1.2.      Order Form: the Customer begins using the Order Form when they add their first Product to the electronic shopping basket at the Online Shop. The Customer places the Order by completing a total of two consecutive steps: (1) by filling in the Order Form, and (2) clicking on the Confirm Your Order button at the Online Shop. Until then, the Customer may modify the Order details (in order to do this, the Customer needs to follow the prompts and information available at the Online Shop). The Customer is required to provide the following information in the Order Form: full name, address (street, house/apartment, postcode, city, province, country), email address, contact phone number and password and the Sales Contract details: Products, number of Products, the place and method of delivery, the method of payment. A Customer who is not a consumer is also required to provide the name of their company and their NIP Number [Tax Identification Number].
2.1.2.1.      The Electronic Order Form Service shall be provided free of charge and on an one-off basis, and shall be completed once the Order has been placed using the Order Form or when the Service User withdraws from placing the Order using the Order Form.
2.1.3.      Newsletter: the Service User may begin using the Newsletter as soon as as they have provided their email address at which to receive subsequent editions of the Newsletter and clicked the à button in the Newsletter section displayed on the Online Shop's website. The Service User may also subscribe to the Newsletter by ticking a suitable checkbox when registering the Account or placing the Order. Therefore, the Service User shall subscribe to the Newsletter when registering the Account or placing the Order.
2.1.3.1.      The Electronic Newsletter Service shall be provided free of charge and for an indefinite period of time. The Service User may unsubscribe from the service (cancel the service) at any time and without providing any reason by making a suitable request to the Service Provider, in particular by email to the following address: sklep@assassins-arms.com, or in writing to the following address: ul. Płk. Dąbka 10 Box G, 30-732 Kraków Poland.
2.2.      The following technical requirements are required to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) a Web browser: Mozilla Firefox 17.0 or higher, Microsoft Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher, Safari 5.0 or higher; (4) the minimum recommended screen resolution: 1024x768; (5) both cookies and Javascript must be enabled in the browser.
2.3.      The Service User is obliged to use the Online Shop in a manner consistent with the law and reflective of shared community values while respecting the moral rights and copyright of the Service Provider and third parties. The Service User is obliged to provide true information about themselves. The Service User is prohibited to provide content which is unlawful or offensive.
2.4.      Complaints procedure
2.4.1.      Complaints related to the provision of Electronic Services by the Service Provider and other complaints relating to the Online Shop (with the exception of the notice of defect procedure indicated in Point 6 of the Terms and Conditions) may be submitted by the Service User
2.4.2.      in writing to the following address: ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland.
2.4.3.      or by email to the following email address: sklep@assassins-arms.com.
2.4.4.      It is recommended that the Service User provides the following details in the complaint: (1) information and facts concerning the subject of the complaint, in particular the type of irregularities and the date of their occurrence; (2) their claim; and (3) their contact details, as this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are for recommendation only and do not affect complaints submitted without the recommended details.
2.4.5.      The Service Provider shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission.

3.    TERMS AND CONDITIONS OF THE SALES CONTRACT back to Table of Contents

3.1.      The conclusion of the Sales Contract between the Customer and the Seller shall take effect once the Order has been placed by the Customer using the Order Form available at the Online Shop pursuant to Point 2.1.2 of the Terms and Conditions.
3.2.      The Product price displayed on the Online Shop's website is given in Polish zlotys and is inclusive of tax. As the Customer places the Order, including the moment when they declare their intent to enter into a Sales Contract, the Online Shop shall provide information to the Customer on the total price of the Product which is the subject of the Order, together with its shipping costs (including charges for transport, delivery and postal services) and any other costs, and if it is impossible to determine the amount of these charges, the Online Shop shall inform about the obligation to pay them.
3.3.      Sales contract procedure at the Online Shop using the Order Form
3.3.1.      The conclusion of the Sales Contract between the Customer and the Seller shall take effect once the Order has been placed by the Customer at the Online Shop pursuant to Point 2.1.2 of the Terms and Conditions.
3.3.2.      Once the Order has been placed, the Seller shall immediately confirm the receipt and proceed to execute the Order. The Order confirmation and its subsequent execution shall take effect when the Seller sends a suitable email to the Customer at the email address which the Customer provided when placing the Order. The email should contain at least a statement that the Order has been received and accepted for execution and a confirmation that the Sales Contract has been concluded. Once the Customer has received the email, the Sales Contract between the Customer and the Seller shall be concluded.
3.4.      The content of the Sales Contract shall be preserved, secured and made available to the Customer by (1) providing access to these Terms and Conditions on the Online Shop's website and (2) sending to the Customer the email mentioned in Point 3.3.2. of the Terms and Conditions. The content of the Sales Contract shall be additionally preserved and secured in the IT system of the Online Shop belonging to the Seller.

4.    TERMS AND METHODS OF PAYMENT back to Table of Contents

4.1.      The Seller provides the following methods of payment as part of the Sales Contract:
4.1.1.      Payment on delivery.
4.1.2.      Payment in cash on personal collection.
4.1.3.      Payment by wire transfer to the bank account of the Seller.
4.1.3.1.      Bank: Bank Polska Kasa Opieki S.A
4.1.3.2.      Account Number: 70 1240 4719 1111 0010 3809 8230.
4.1.4.      With regard to electronic payments and credit card payments via PayU.pl, the currently accepted methods of payment are set out on the Online Shop's website in the Payment Options section and on the website http://www.payu.pl.
4.1.4.1.      Electronic transactions and payments by credit card shall be settled according to the Customer's choice through PayU.pl. Electronic transactions and payments by credit card shall be handled by:
4.1.4.1.1.      PayU.pl, which is operated by PayU SA based in Poznań (address: ul Grunwaldzka 182, 60-166 Poznań), registered in the Register of Entrepreneurs of the National Court Register, District Court for Poznań-Nowe Miasto and Wilda, under the entry KRS Number 0000274399, with the share capital fully paid up of 4,000,000 PLN, NIP Number [Tax Identification Number] 779-23-08-495.
4.1.5.      Payments in instalments shall be carried out in full or in part with funds from the loan granted by Santander Consumer Finance SA (Santander Consumer Finance SA, based in Wrocław, ul Strzegomska 42c, 53-611 Wrocław, with the share capital fully paid up of 20,000,000 PLN, registered in the Register of Entrepreneurs, Commercial Division 6 of the National Court Register, District Court for Wrocław-Fabryczna, under the entry KRS Number 0000094876, NIP Number [Tax Identification Number]: 8981011992, REGON Number [Business Registry Number] 930695605).
4.2.      Date of payment:
4.2.1.      Where the Customer chooses payment in cash on personal collection, bank transfer, electronic payment or credit card payment, they are obliged to pay within 7 calendar days from the Sales Contract conclusion date.
4.2.2.      Where the Customer chooses payment on delivery, they are obliged to pay on delivery.

5.    SHIPPING METHODS AND COSTS AND COLLECTION AND DELIVERY TIMES back to Table of Contents

5.1.      The Seller shall charge the Customer for the delivery of the Product unless the Sales Contract provides otherwise. Shipping charges (including charges for transport, delivery and postal services) are set out on the Online Shop's website in the Shipping section and are also displayed to the Customer when they place their order or declare their intent to enter into a Sales Contract with the Seller.
5.2.      Personal collection of the Product by the Customer shall be free of charge.
5.3.      The Seller provides the following methods of Product collection and delivery to the Customer:
5.3.1.      Shipment by courier (pre-paid), shipment by courier (payment on delivery).
5.3.2.      Pallet shipment.
5.3.3.      Products are available for personal collection at our shop in ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland, on Working Days between 9 am and 5 pm after making a prior appointment.
5.4.      The Product shall be delivered to the Customer within 3 Working Days unless a shorter time limit has been provided in the description of the Product or in the information displayed to the Customer as they placed their Order. Where Products have different delivery dates, the maximum time limit provided shall be applied, which nonetheless may not exceed 3 Working Days. The period for the Product to be delivered to the Customer starts to run as follows:
5.4.1.      Where the Customer chooses bank transfer, electronic payment or payment by card as their payment method, the period starts to run from the day the payment has cleared in the Seller's account.
5.4.2.      Where the Customer chooses payment on delivery, the period starts to run from the day the Sales Contract has been concluded.
5.4.3.      Where the Customer chooses to pay in instalments, the period starts to run from the day the Seller has been informed by the creditor about the loan agreement concluded with the Customer, which nonetheless is no later than the day the funds from the loan granted to the Customer have cleared in the Seller's account.
5.5.      Where the Customer chooses personal collection, the Product shall be ready for the Customer to collect within 2 Working Days unless a shorter time limit has been provided in the description of the Product or in the information displayed to the Customer as they placed their Order. Where Products have different ready-to-collect dates, the maximum time limit provided shall be applied, which nonetheless may not exceed 2 Working Days. Once the Product is ready to be collected, the Customer shall be additionally notified by the Seller. The period for the Product to be collected by the Customer starts to run:
5.5.1.      Where the Customer chooses bank transfer, electronic payment or payment by card as their payment method, the period starts to run from the day the payment has cleared in the Seller's account.
5.5.2.      Where the Customer chooses to pay in cash on personal collection, the period starts to run from the day the Sales Contract has been concluded.
5.5.3.      Where the Customer chooses to pay in instalments, the period starts to run from the day the Seller has been informed by the creditor about the loan agreement concluded with the Customer, which nonetheless is no later than the day the funds from the loan granted to the Customer have cleared in the Seller's account.

6.    NOTICE OF DEFECT back to Table of Contents

6.1.      If the Product sold has a natural or legal (warranty) defect, the basis and the extent of the Seller's liability to the Customer are regulated by the generally applicable provisions of law, in particular by the Civil Code. For Sales Contracts concluded by 24 December 2014, the basis and the extent of the Seller's liability for the non-compliance of the Product with the Sales Contract to the Customer who is a natural person and purchases the Product for purposes unrelated to professional or commercial activities are regulated by the generally applicable provisions of law, in particular by the the Act on Special Conditions for Consumer Sales and the Amendment to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended).
6.2.      The Seller shall provide the Customer with a Product without defects. Detailed information on the Seller's liability for defects in the Product and customer rights are provided on the Online Shop's website in the Notice of Defect section.
6.3.      The Customer may submit a notice of defect:
6.3.1.      in writing to the following address: ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland.
6.3.2.      or by email to the following email address: sklep@assassins-arms.com.
6.4.      It is recommended that the Customer provides the following details in the notice: (1) information and facts concerning the subject of the complaint, in particular the type of defect and the date of its occurrence; (2) their claim for the Product to comply with the Sales Contract or for the price to be reduced or the cancellation of the Sales Contract; and (3) their contact details, as this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements set out in the preceding sentence are for recommendation only and do not affect complaints submitted without the recommended details.
6.5.      The Service Provider shall respond immediately to the complaint, which is no later than 14 calendar days from the date of its submission. If the Seller fails to respond to the complaint within the above deadline, the Complaint shall be considered valid.
6.6.      A Customer who exercises the rights under statutory warranty is obliged to deliver the defective product at the expense of the Seller to the following address: ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland. If the Product is extremely difficult to deliver due to its type or the way it has been installed, the Customer is obliged to make the Product available to the Seller at the place where the product is located.

7.    EXTRAJUDICIAL WAYS TO HANDLE CUSTOMER COMPLAINTS AND REDRESS AND THE RULES OF ACCESS TO THESE PROCEDURES back to Table of Contents

7.1.      Detailed information on the extrajudicial ways to handle complaints and redress and the rules of access to these procedures for a Customer who is a consumer are available at the premises and on the websites of the District (Municipal) Consumer Ombudsman Office, social organisations whose statutory tasks include consumer protection, Provincial Inspectorate Trade Offices and the following Internet addresses of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
7.2.      A Customer who is a consumer may seek the following extrajudicial ways to handle their complaint and redress:
7.2.1.      The Customer is entitled to submit a request to the Permanent Consumer Arbitration Court referred to in Article 37 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to resolve a dispute resulting from the Sales Contract. The rules according to which permanent consumer arbitration courts operate and are organised are determined by the Order of the Minister of Justice of 25 September 2001 on the Rules of Organization and Operation of Permanent Consumer Arbitration Courts (Journal of Laws of 2001, No. 113, item 1214).
7.2.2.     The Customer is entitled to submit a request to the Provincial Trade Inspectorate Office pursuant to Article 36 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws of 2001, No. 4, item 25, as amended) to initiate a mediation procedure to bring to an end by amicable settlement the dispute between the Customer and the Seller. Information on mediation rules and procedures carried out by the Provincial Trade Inspectorate Office is available at the premises and on the websites of the local branches of the Provincial Trade Inspectorate Office.
7.2.3.      The Customer may receive free assistance to settle the dispute between the Customer and the Seller by using the services of the District (Municipal) Consumer Ombudsman Office and social organisations whose statutory tasks include consumer protection (including the Consumer Federation and Polish Consumers Association). Relevant advice is provided by the Consumer Federation at porady@dlakonsumentow.pl and by the Polish Consumers Association at a toll-free consumer hotline number 800 889 866.

8.    RIGHT OF WITHDRAWAL back to Table of Contents
(CONCERNING SALES CONTRACTS CONCLUDED BY 25 DECEMBER 2014)

8.1.      A Customer who has entered into a distance contract may withdraw from it within 14 calendar days without providing any reason and at no cost, with the exception of the costs referred to in Point 8.8 of the Terms and Conditions. The period for withdrawal shall be deemed to have been observed if the Customer sends a withdrawal form before its expiry. The declaration of withdrawal may be submitted
8.1.1.      in writing to the following address: ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland.
8.1.2.      or by email to the following email address: sklep@assassins-arms.com.
8.2.      A model withdrawal form can be found in Attachment 2 to the Consumer Rights Act, and has additionally been included in Point 11 of the Terms and Conditions and on the Online Shop's website in the Right of Withdrawal section. The consumer may use the model form, but it is not mandatory.
8.3.      The period for the withdrawal procedure starts to run as follows:
8.3.1.      for the contract which stipulates that by providing the Product the Seller is obliged to transfer its ownership (e.g Sales Contract), the period starts to run from taking possession of the Product by the consumer or a person designated by the third party other than the carrier, and in the case of contracts which: include a number of products which are delivered separately, in batches or in parts, the period starts to run from taking possession of the last Product, batch or piece; or (2) provide for the regular delivery of the Products for a definite period of time, the period starts to run from taking possession of the first of the Products.
8.3.2.      for other contracts, the period starts to run from the day the contract has been concluded.
8.4.      If the Customer withdraws from a distance contract, the contract shall be considered null and void.
8.5.      The Seller is obliged to immediately return all payments made by the consumer, which is no later than 14 calendar days from the date of receipt of the consumer's declaration to withdraw from the contract, including the shipping costs (with the exception of the additional costs resulting from the shipping method selected by the Customer which is other than the cheapest shipping method offered by the Online Shop). The Seller shall refund the payment using the same method of payment as that used by the consumer unless the consumer has expressly agreed otherwise and the return does not incur any additional costs on the part of the consumer. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until the Product has been returned by the consumer or the consumer has supplied the evidence of its return, whichever is the earliest.
8.6.      The consumer is obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it no later than 14 calendar days from the date on which they withdrew from the contract unless the Seller has offered to receive the Product themselves. The Product return deadline shall be deemed to have been observed if the Customer returns the Product before its expiry. The consumer may return the Product to the following address: ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland.
8.7.      The consumer shall be held responsible if the Product depreciates in value as a result of its handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
8.8.      Possible costs related to the consumer's withdrawal from the contract shall be incurred by the consumer:
8.8.1.      If the consumer chooses a shipping method other than the cheapest shipping method available at the Online Shop, the Seller shall not be required to reimburse additional costs incurred by the consumer.
8.8.2.      The consumer shall incur the direct cost of returning the Product.
8.8.3.      Where the Product is a service whose provision, at the express request of the consumer, began prior to the deadline of the withdrawal from the contract, the consumer who exercises the right of withdrawal, once they have filed such a request, is required to pay for the services provided prior to the withdrawal. The amount payable shall be calculated in proportion to the extent of the services provided, including the price or remuneration stipulated in the contract. If the price or remuneration proves excessive, the calculation of the amount payable shall be based on the market value of the service provided.
8.9.      The right to withdraw from a distance contract shall not be granted to the consumer in respect of the following contracts:
8.9.1.      (1) for the provision of services if the Seller has fully provided the service with the express consent of the consumer, and the latter is informed prior to the provision that they will lose the right to withdraw from the contract once the service has been completed; (2) in which the price or remuneration is dependent on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline to withdraw from the contract; (3) for the provision of a non-prefabricated Product manufactured according to the specifications of the consumer or customised to meet their individual needs; (4) in which the Product supplied is undergoing rapid decay or has a short shelf life; (5) for the provision of Products which are supplied in sealed packaging and cannot be returned after opening the package due to health or hygiene reasons if the packaging has been opened after delivery; (6) for the provision of Products which after delivery, due to their nature, have been inseparably amalgamated with other moveable goods to form a uniform product; (7) for the provision of alcoholic beverages the price of which has been agreed at the conclusion of the Sales Contract and the supply of which can only take place after 30 days and whose value is dependent on fluctuations in the market over which the Seller has no control; (8) in which the consumer has specifically demanded that the Seller arrives at their premises to make urgent repairs or provide maintenance services; if the Seller provides additional services other than those required by the consumer or provides Products other than replacement parts necessary to make repairs or provide maintenance services, the right of withdrawal shall be granted to the consumer in respect of additional services or products; (9) for the provision of visual or audio recordings or computer software delivered in sealed packaging if the packaging has been opened after delivery; (10) for the provision of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded at a public auction; (12) for the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, leisure services and entertainment, sports or cultural events if the contract indicates the day or period in which the service is to be provided; (13) for the provision of digital content which is not saved on a tangible medium if the provision of the service has begun with the express consent of the consumer before the expiry of the deadline to withdraw from the contract and after receiving the notice from the Seller about the loss of the right of withdrawal by the consumer.

9.    PROVISIONS FOR BUSINESSES back to Table of Contents

9.1.      This point of the Terms and Conditions and the provisions therein apply only to those Customers and Service Users who are not consumers.
9.2.      The Seller has the right to terminate the Sales Contract concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. The withdrawal from the Sales Contract in this case may be effected without providing any reason and shall not lead to any claims being made against the Seller on the part of the Customer.
9.3.      The Seller has the right to restrict the methods of payment available to Customers who are not consumers, which also includes a requirement to prepay in whole or in part, regardless of the method of payment selected by the Customer and the fact that the Sales Contract has been concluded.
9.4.      As soon as the Seller gives out the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product shall be transferred to a Customer who is not a consumer. In this case, the Seller shall not incur any liability for loss, defect or damage arising between the acceptance of the Product for transport and its delivery to the Customer and for any shipment delay.
9.5.      If the Product is shipped to the Customer via the carrier, a Customer who is not a consumer is required to examine the shipment in time and in a manner generally accepted for deliveries of this kind. If the Customer finds that a loss of or damage to the Product has occurred during transport, they are obliged to make all actions necessary to establish the liability of the carrier.
9.6.      Pursuant to Article 558, Paragraph 1 of the Civil Code, the Seller's liability under the warranty for the Product to a Customer who is not a consumer shall be 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 specifying reasons by sending a suitable statement to the Customer.
9.8.      The Service Provider's/Seller's liability to a Service User/Customer who is not a consumer, regardless of its legal basis, shall be limited both with regard to a single claim as well as for a sum total of claims up to the price paid and the shipping cost stipulated in the Sales Contract, but not more than 1,000 PLN. The Service Provider/Seller must not incur any liability to a Service User/Customer who is not a consumer for typical damage foreseeable at the time of the conclusion of the contract, but they shall incur a liability for profits lost by a Service User/Customer who is not a consumer.
9.9.      Any dispute arising between the Seller/Service Provider and the Customer/Service User shall be referred for determination to the court having territorial jurisdiction over the Seller's/Service Provider's registered office.

10. FINAL PROVISIONS back to Table of Contents

10.1.    Contracts concluded by the Online Shop shall be concluded in Polish.
10.2.    Amendments to the Terms and Conditions:
10.2.1.    The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons, i.e. changes in law; changes in payment and delivery methods, in so far as these changes do not affect the implementation of the provisions of these Terms and Conditions.
10.2.2.    Where a continuous contract has been concluded pursuant to these Terms and Conditions (e.g. the Provision of Electronic Services: Account), the amendments to these Terms and Conditions shall be binding upon the Service User if the requirements stipulated in Article 384 and 384 [1] of the Civil Code have been preserved, i.e. if the Service User has been suitably informed of the amendments and has not terminated the contract within 14 calendar days from the date of notification. Where an amendment to these Terms and Conditions entails any new fees or an increase in the existing fess, a Client who is a consumer shall be granted the right to withdraw from the contract.
10.2.3.    Where a contract other than a continuous contract has been concluded pursuant to these Terms and Conditions (e.g. the Sales Contract), the amendments to these Terms and Conditions shall in no way affect the rights acquired by a Service User/Customer who is a consumer before the amendments to the Terms and Conditions take effect; in particular, the amendments to the Terms and Condition shall in no way affect Orders which are already submitted or are being submitted and Sales Contracts which are concluded, executed or completed.
10.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code; the Act on Electronic Services of 18 July 2002 (Journal of Laws of 2002, No. 144, item. 1204, as amended); for sales contracts concluded by 24 December 2014 with Customers who are consumers, the Act on Protection of Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000 (Journal of Laws of 2000, No. 22, item. 271, as amended) and the Act on Special Conditions for Consumer Sales and the Amendment to the Civil Code of 27 July 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for sales contracts concluded from 25 December 2014 with Customers who are consumers, the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws of 2014. item 827, as amended); and other relevant provisions of applicable law.

11. MODEL WITHDRAWAL FORM back to Table of Contents
(ATTACHMENT 2 TO THE CONSUMER RIGHTS ACT)

Model withdrawal form
(the form must be completed and returned only if the Customer wishes to withdraw from the contract)
–    Recipient:
ASSASSINS PAINTBALL S.C.
GRZEGORZ ARMATYS, MAŁGORZATA DŁUGOSZ BELLFORD
ul Płk. Dąbka 10 Box G, 30-732 Kraków Poland
assassins-arms.com
sklep@assassins-arms.com
–     I/we(*) hereby inform that I/we(*) would like to withdraw from a contract for the sale of the following items(*), a contract for the delivery of the following items(*), a contract for a specific work to produce the following items(*) and/or provide the following services(*).

–    Date of the contract (*)/reception(*)
–    Consumer's name
–    Consumer's address
–    Consumer's signature (only if the form is submitted in writing)
–    Date

(*) Delete as appropriate.

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