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Terms & Conditions

PURCHASE AND USE CONDITIONS

(TERMS OF USE)

1.Introduction

1.1. This document (hereinafter referred to as the „Conditions") together with

the documents mentioned herein establishes the conditions that govern the use

of this website (flyfocus.pl) and the purchase of products here.

1.2. Please read these Conditions and our Privacy Policy (hereinafter, jointly, the

“Policies”) carefully before using this website. If you are a Consumer, you have

to accept the Conditions before placing an order and once accepted, they stay

binding to you for the said order.

1.3. These Conditions may be modified, however any new amendments will not

have impact on the conditions applying to the orders that were already placed. It

is very important, however, to read these Conditions and the Policies every time

an order is placed.

1.4. The contract between us to purchase a product via this website (hereinafter,

the “Contract”) may be executed, upon your decision, in any of the languages in

which the Conditions are available on this website. The information or personal

details that you provide us will be processed in accordance with the Policies.

2. FlyFocus online store details

Sale of goods through this website is carried out under the trading name

“FlyFocus sp. z o. o.” by (hereinafter referred to as “FlyFocus”).

3. Use of the flyfocus.pl website

3.1.When you use this website and place orders through it, you agree to:

i.Use this website to make legally valid enquiries and orders only;

ii. Not to make any false or fraudulent orders.

In case there is any suspicion that the order is unfair/unreal, e.g. in case of a

stolen credit card, we will try to contact you to verify our suspicions to reasonable

extent, and if the said suspicions are confirmed, we will cancel the order and

inform you about it;

iii. Provide us with your e-mail address, postal address and/or other contact

details truthfully and exactly. If you do not provide us with all the information we

need, you cannot place your order.

3.2.When you place an order on this website, you state that you are at least 18

years old and are legally eligible to enter into contracts.

4. How to place an order and buy

4.1.The products available via this online store are described in detail. The

website provides information regarding the features of the products, their price,

composition, etc. When ordering, the Customer selects the product in a manner

that is adequate to a given item, specifying the weight, and, if necessary,

providing additional information and the quantity needed.

4.2.The next step is to add the products you wish to your shopping basket.

4.3.After selecting the option “Proceed to checkout”, you will be transferred to a

page where you need to introduce the details necessary for the shipment of your

order. After selecting the shipment method, you need to select the method of

payment please see point 8 below for details). The Customer has the possibility

to select online payment (using a debit/credit card or a bank transfer using

PayPal service) or cash on delivery. After selecting preferred shipment method

and online payment method, also when the payment takes place via PayPal

service, the Customer will be redirected to a website, from which they can

continue shopping or go to order summary.

4.4.At any stage of placing an order, yet until a payment is made, an order may

be cancelled by not proceeding with further steps and by exciting the page that

is used for placing the order. The unfinished order will not be completed.

4.5.If, after placing an order, you realize there is mistake in a type, number

of items you ordered or in other data, please call […] immediately. Also, […]

may contact the Customer via e-mail or by phone in order to clarify any doubts or

in other matters that are related to orders.

4.6.Once you have placed your order, you will receive an email confirming

receipt of your order (the "Order Confirmation”). The Order Confirmation will

include a personalized order number. That number allows you to, among others,

check the status of your order. The Order confirmation email does not signify our

acceptance of your order; we are simply confirming that we received your order.

Once we have processed your order and prepared it for shipping, we will send

you an email stating that we have accepted your order, which will include the

shipment details (the "Shipment Confirmation"). The decision to accept your

order is in our sole discretion. Because we want to make sure that we have your

product available, we won’t accept your order until we have prepared your

product for shipping. In most cases, this will be within twenty-four hours for items

that are in stock. For items that are not in stock, you will receive the Order

Confirmation when the item becomes available and has been prepared for

shipping.

4.7. The Contract is executed once we send and you receive the Shipment

Confirmation. Along with the Shipment Confirmation you will receive the content

of these Conditions, which constitute a model contract.

4.8.Your order is also recorded and stored by our system. The accounting

documents confirming the Contract are kept for a period of 5 years.

5.Delivery

5.1. We will deliver products specified in the Shipment Confirmation within the

deadline indicated in it or, if the deadline was not specified in the Shipment

Confirmation, then in time frame selected when choosing way of delivery,

however not later than within […] days from the date of conclusion of the

Contract. If in some exceptional situations we expect that delay may occur, we

will contact you to agree on deadline of delivery or, if you reject the suggested

deadline, you can withdraw from the Contract. If the order is cancelled, all money

paid will be returned without undue delay.

5.2. For the purposes of these Conditions, "delivery" shall be understood to have

taken place or the order is "delivered" as soon as you or a third party indicated

by you acquires physical possession of the goods, which will be evidenced by the

signing of the receipt of the order at the agreed delivery address.

5.3. Please remember that the ordered products cannot be delivered to the

address of the mailbox. Please also remember that the ordered products cannot

be delivered to your address on Saturdays and Sundays.

5.4. If you are default in collecting the order, we will set an additional deadline to

deliver it. If the order cannot be delivered within additional deadline, we have the

right to cancel it (withdraw from Contract) and the Contract is considered to be

terminated. If so, paid amounts of money will be returned without undue delay.

6. Risk and ownership transmission

The product risk shall be your responsibility from the moment of delivery. You will

take ownership of the products at the moment of delivery.

7. Prices and payment methods

7.1. All prices on the website are expressed in Euro and include VAT, but exclude

delivery fees, which are added to the total price. They may vary based on the

selected method of delivery and payment type.

7.2. FlyFocus reserves the right to change the prices of products available in the

online store, introduce new products, begin and cancel special offers available in

the online store or change them in accordance with the Polish legal environment.

7.3. You expressly authorize us to issue the invoice in electronic format.

7.4. Prices may change at any time. However, except as stipulated above, the

changes shall not affect the orders already placed.

7.5. You may use, as payment method, the cards: Visa, MasterCard, American

Express, and also PayPal and PayU. You can also pay with cash on delivery.

7.6. To minimize the risk of non-authorized access, your credit card details will

be encrypted. If your payment method is PayPal, the charge will be made when

we confirm your order. When you click “Authorize payment”, you are confirming

that the credit card is yours or that you are the rightful holder of the gift card or

the voucher. Credit cards are subject to verification and authorization by the card

issuing entity, but if the entity does not authorize the payment, we shall not be

liable for any delay or failure to deliver, and we will be unable to formalize any

Contract with you.

8. Creating an account on the website or buying as a guest

The functionality of buying goods as a guest is also available on the website.

Under this type of purchase, only such data which are essential to process your

order will be requested from you. Upon completion of the purchase process, you

will be offered the possibility of registering as a user or continue as a nonregistered user.

9. Returns

9.1 Statutory right of withdrawal

If you are contracting as a Consumer, you have the right to withdraw from the

Contract within 14 days from the day on which you, or a third party nominated by

you (other than the carrier), takes physical possession of the purchased product,

or in case of multiple items in one order delivered separately, after 14 days from

the day on which you, or a third party nominated by you (other than the carrier),

takes physical possession of the last item.

To exercise this right of withdrawal, you must notify us of your decision by

making a statement to us that you withdraw from the Contract. Providing any

reason is not required. To exercise the right of withdrawal, you may notify us at

contact@flyfocus.pl, at the telephone number […], or by writing using our contact

form. You may use the model withdrawal form as set out in the end of these

Conditions, but it is not obligatory.

If the Consumer serves a notice of withdrawal from the Contract electronically

through the model withdrawal form or sending an email, we will send to such

Consumer a confirmation of receipt of the notice of withdrawal on a durable

medium (pdf).

You shall not have the right to withdraw from the Contract when it is for the

delivery of any of the following products:

i. Customized items;

ii. CD / DVD software or IT delivered in closed packaging bearing a seal, if the

packaging was opened after delivery;

iii. Goods delivered in the sealed wrapping, which cannot be returned after the

wrapping is opened due to health or hygiene reasons, if the wrapping has been

opened after the delivery.

Effects of withdrawal

In case of the statutory right of withdrawal, we will make the reimbursement

using the same means of payment as you used for the initial transaction, unless

you explicitly give your consent to another method of reimbursement which does

not generate any costs for you.

In case of statutory right of withdrawal, if you select one of our return methods,

the refund will take place without undue delay, not later than in 14 days from the

receipt of your notice of withdrawal. If you decide to return and send the

purchased product(s) on your own (i.e. you have not selected methods of return

offered by us), we can withhold the refund until we receive the returned

product(s) or a proof that the returned product(s) has been shipped (whatever is

earlier).

If you decide to return and send the product(s) on your own (i.e. you have not

selected methods of return offered by us), you should deliver the returned

product(s) to us (sending products to the address: 31A Legionowa Street 01-343

Warsaw, POLAND), not later than 14 days from the day on which you

communicate your withdrawal from the Contract to us. The deadline is met if you

return the product(s) before this 14-day period has expired. You will be

responsible for the direct cost of returning the products.

Unless you return the product by courier arranged by us or any distributor of

FlyFocus products, you shall bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the

handing other than what is necessary to establish the nature, characteristics and

functioning of the goods.

Upon cancellation, the respective products shall be returned as follows:

When returning the product(s) by courier arranged by us:

You should contact us through our contact form or via contact@flyfocus.pl […] to

arrange for the product to be collected at your home. If you have bought any

product as a guest, you may request returns by […].

Neither of the options above will entail any additional cost to you.

We recommend returning products in their original packaging in order to prevent

their damage. However, non-compliance with our recommendation does not

impact exercising your statutory rights.

Please bear in mind that if you wish to return the items to us by "cash on

delivery", we reserve the right to charge the Consumer the costs which we

therefore incur.

After the statutory period to withdraw lapse (i.e. 14 days from the receipt of the

purchased product), you are not entitled to withdraw from the Contract.

9.2 Returns of defective products (Warranty for defects of product)

If an item bought has a defect, you can file a complaint under Polish Civil Code

(Article 556 et seq. of the Civil Code Act of 23 April 1964 (Journal of Laws of

1964., No. 16, pos. 93, as amended). Your claim might be filed on the basis of the

warranty for defects.

Consumers are entitled to : free repair or replacement, price reduction or refund

from the seller in case of defective products. These rights apply to defects which

emerged in a period of 2 years from the date of delivery of product(s). You will

not be required to present the corresponding receipt.

In the aforementioned period Consumer may, instead of our suggestion to repair

the defect, require the exchange for product free from defects or instead of

exchanging, require defect removal, unless bringing product into compliance with

the Contract in the manner chosen by Consumer is impossible or would require

excessive costs in comparison with the method proposed by us. When evaluating

these costs, we take into account the value of the product free of defects, the

nature and the importance of the defects, but also we take into account

disadvantages that consumer would otherwise meet.

We will handle your complaint within 14 days. You can also complain about

warranty items if such warranty was granted.

The amounts paid for the products returned due to any damage or defect, when

it actually exists, will be reimbursed in full, including the delivery costs related to

sending the article and the costs to you for returning it to us. The refund shall be

paid by the same payment means you used to pay from the purchase, unless you

explicitly give your consent to another method of reimbursement which does not

generate any costs for you.

If you have ordered products from outside Poland from another EU member state

via this website the above clause 9.1 applies with the restriction that the

collection by a courier commissioned by us can only be made from the original

delivery address within Poland.

At the same time we would like to inform you that we are under no

circumstances obliged to pay shipping costs to destinations other than the

original delivery address nor the return costs from destinations outside Poland.

9.3. Right of withdrawal and return for orders from abroad

10. Liability for products’ defects

It is understood that product has defect, if: (i) it fails to have a property, which a

thing of that kind should have regarding the purpose stipulated in the Contract or

arising from the circumstances or its intended use, (ii) it fails to have a property,

about which the seller has assured the buyer, specifically by presenting to the

buyer a sample or a model, (iii) it fails to lend itself to the purpose, which the

buyer indicated to the seller at the conclusion of the contract, and the seller

failed to make a reservation to such an intended use, and (iv) it was released to

the buyer incomplete.

11. Using of this website and technical needs

11.1. You should not make undue use of this website by intentionally introducing

a virus, Trojan horse, worm, logic bombs or any other software or technologically

damaging or harmful material. You should not attempt to make unauthorized

access to this website, the server on which the site is housed or any server,

computer or database related to our website. You should not attack this website

through any attack of denial of service or an attack of distributed denial of

service.

11.2. To operate this website you will need the following technical equipment:

at least 512 kB Internet connection throughput;

1. one of below listed browsers with “cookies” and JavaScript service allowed:

Microsoft Internet Explorer 8.0 or later

Mozilla Firefox w wersji 17.0.9 or later

Opera 15 or later

Google Chrome 30 or later

Apple Safari 5.1 or later;

below media applications installed:

Windows Media Player 9 or later

Adobe Flash Player 9 or later;

12. Severability

Should any of these Conditions or any provision of a Contract be declared null

and void by firm resolution from the corresponding authority, the remaining

terms and conditions shall remain in effect without being affected by said

declaration of annulment.

13. Applicable jurisdiction

All disputes arising out of use of this website or the Contract or related to them

are subject to the jurisdiction of the Polish courts.

14. Dispute resolution

If you as a buyer consider your rights have been breached, you can address your

complaints to us via the email address […] in order to seek an out-of-court

settlement.

In this regard, if the purchase from us was concluded online through our website,

we, in line with EU Regulation No. 524/2013, hereby inform you that you are

entitled to seek to settle the consumer dispute with us out-of court, through the

platform for the online dispute resolution accessible through the Internet address

http://ec.europa.eu/consumers/odr/

Last updated on […]

Model withdrawal form

(complete and return this form only if you wish to cancel the contract)

To […], operating under the trading name […], by email to […] I hereby give

notice that I cancel my contract of sale of the following items:

[customer to insert description of items]

Ordered on/received on (*)

Name of consumer

Address of consumer

Signature of consumer (only if this form is notified on paper) Date

(*) Delete as appropriate

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