Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS

 

WWW.FUTUREPACE.STORE

 

 §1

GENERAL PROVISIONS
 

  • The online store www.futurepace.store operates under the rules specified in these Terms and Conditions.

  • The Terms and Conditions define the terms of concluding and terminating Sales Agreements for Products, the procedure for handling complaints, as well as the types and scope of electronic services provided by the online store www.futurepace.store, the rules for providing these services, and the terms of concluding and terminating agreements for the provision of electronic services.

  • Each Service Recipient, upon taking actions leading to the use of Electronic Services of the online store www.futurepace.store, is obliged to comply with the provisions of these Terms and Conditions.

  • Matters not regulated in these Terms and Conditions shall be governed by the provisions of:

    • the Act on the provision of electronic services of July 18, 2002,

    • the Consumer Rights Act of May 30, 2014,

    • the Act on out-of-court resolution of consumer disputes of September 23, 2016,

    • the Civil Code of April 23, 1964, and other relevant provisions of Polish law.

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§2

DEFINITIONS INCLUDED IN THE TERMS AND CONDITIONS
 

  • TERMS AND CONDITIONS - these Terms and Conditions of the Store.

  • STORE - The online store operated by the Service Provider at www.futurepace.store.

  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Store.

  • ORDER FORM – a form available on the website www.futurepace.store enabling the placement of an Order.

  • NEWSLETTER – an Electronic Service allowing the Service Recipient to subscribe and receive free information from the Seller about Products available in the Store at the email address provided by the Service Recipient.

  • SELLER, SERVICE PROVIDER – FUTURE PACE JULIA STAWSKA, place of business and address for service: os. Różane 11i/1, 58-200 Dzierżoniów, NIP: 8822145622, REGON: 526669983, email address: futurepacebattle@gmail.com,

  • SERVICE RECIPIENT – a natural person, legal person, or an organizational unit without legal personality, to whom the law grants legal capacity, using an Electronic Service.

  • CLIENT – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.

  • CONSUMER – a natural person who performs a legal act with a merchant not directly related to their business or professional activity.

  • ENTREPRENEUR - a natural person, legal person, and an organizational unit not being a legal person, to whom the law grants legal capacity, conducting business or professional activity in their own name.

  • PRODUCT – a movable item or service available in the Store, which is the subject of a Sales Agreement between the Client and the Seller.

  • SALES AGREEMENT – a Sales Agreement for a Product concluded between the Client and the Seller through the Store.

  • ORDER - the Client's declaration of intent constituting an offer to conclude a Sales Agreement for a Product with the Seller.

  • PRICE – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Product.

 

§3

INFORMATION REGARDING PRODUCTS AND THEIR ORDERING
 

  • The online store www.futurepace.store conducts the sale of Products through the Internet.

  • The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.

  • Information available on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product on the terms specified in its description.

  • The price of the Product displayed on the Store's website is in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.

  • The price of the Product displayed on the Store's website is binding at the time of placing the Order by the Client. This price will not change regardless of any price changes in the Store that may occur with respect to individual Products after the Client's Order has been placed.

  • The Seller clearly informs Clients about unit prices, promotions, and price reductions for Products. Alongside information about a Product's price reduction, the Seller highlights the lowest price of that Product that was in effect during the 30 days prior to the reduction, and if the Product is offered for sale for a shorter period than 30 days, the Seller highlights the lowest price of the Product that was in effect from the beginning of its offering for sale until the date of the reduction.

  • Orders can be placed through the website using the Order Form (Store www.futurepace.store) – 24 hours a day, all year round.

  • To place an Order in the Store, the Client is not obliged to register an Account.

  • The condition for placing an Order in the Store by the Client is to familiarize themselves with the Terms and Conditions and accept its provisions when placing the Order.

  • Products on sale (clearance) have a limited number of pieces, and Orders for them will be processed in the order of their receipt until the stocks of a given Product are exhausted.

 

§4

CONCLUSION OF THE SALES AGREEMENT
 

  • To conclude a Sales Agreement, it is necessary for the Client to previously place an Order by the means provided by the Seller in accordance with § 3 points 7 and 9 of the Terms and Conditions.

  • After placing an Order, the Seller immediately confirms its receipt.

  • The confirmation of the Order receipt, as mentioned in point 2 of this paragraph, binds the Client with their Order. The confirmation of the Order receipt is sent by email.

  • The confirmation of the Order receipt includes:

    • confirmation of all essential elements of the Order,

    • a withdrawal form,

    • these Terms and Conditions containing information about the right to withdraw from the contract.

  • Upon receiving an email message by the Client, as mentioned in point 4 of this paragraph, a Sales Agreement is concluded between the Client and the Seller.

  • Each Sales Agreement will be confirmed with a purchase receipt, which will be sent by email to the Client's email address provided in the Order Form.

 

§5

METHODS OF PAYMENT
 

  • The Seller provides the following payment methods:

    • payment through an electronic payment system (Stripe)

  • In the case of payment through an electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows for payment by credit card or quick transfer from selected Polish and foreign banks.

  • In the case of payment upon delivery, the shipment is sent after verifying the correctness of the address data. The Client is obligated to pay for the Order and receive the Product from the carrier.

  • The Client is obliged to make the payment of the Price for the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement specifies otherwise.

  • In the case of choosing the payment method described in point 1.1 of this paragraph, the Product will be shipped only after payment has been made.

​

§6

COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY
 

  • The delivery costs of the Product, which are borne by the Client, are determined during the process of placing the Order and depend on the chosen method of payment and the method of delivery of the purchased Product.

  • The delivery time of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:

    • the time of completing the Products is from 1 to 3 business days from the moment:

  • of a positive authorization of the transaction by the electronic payment system

  • or the acceptance of the Order for processing by the Seller in the case of choosing cash on delivery,

    • the delivery of movable Products by the carrier takes place within the time declared by the carrier, i.e., from 1 to 3 business days from the date of dispatch (delivery takes place only on business days, excluding Saturdays, Sundays, and holidays).

  • Products purchased in the Store are shipped via a courier company.

​

§7

CLAIM DUE TO NON-CONFORMITY OF THE PRODUCT WITH THE AGREEMENT
 

  • The basis and scope of the Seller's liability towards the Customer, who is a Consumer or an entity referred to in § 10 of the Regulations, for the lack of conformity of the Product with the agreement are determined by the Consumer Rights Act of May 30, 2014.

  • The basis and scope of the Seller's liability towards the Customer, who is an Entrepreneur, as referred to in § 9, for warranty claims are determined by the Civil Code of April 23, 1964.

  • The Seller is liable to the Customer, who is a Consumer or an entity referred to in § 10 of the Regulations, for the lack of conformity of the Product with the agreement existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on his behalf is longer.

  • Notifications of non-conformity of the Product with the agreement and submission of the relevant request can be made by email to the address: futurepacebattle@gmail.com or in writing to the address: os. Różane 11i/1, 58-200 Dzierżoniów.

  • In the above message, in writing or electronically, provide as much information and circumstances regarding the subject of the complaint as possible, especially the type and date of occurrence of irregularities, and contact details. The provided information will greatly facilitate and expedite the consideration of the complaint by the Seller.

  • In order to assess the irregularities and non-conformity of the Product with the agreement, the Consumer or entity referred to in § 10 of the Regulations is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense.

  • The Seller will respond to the Customer's request immediately, no later than within 14 days from the moment of receiving it.

  • In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, failure to consider the complaint within 14 days from its submission is equivalent to its acceptance.

  • A Customer who is a Consumer or an entity referred to in § 10 may first request the exchange or repair of the Product by the Seller. Price reduction and withdrawal from the contract may be requested only in cases specified in the Consumer Rights Act of May 30, 2014 (including when the non-conformity of the goods with the agreement is significant, when the Seller refused to bring the goods into conformity with the agreement, or when the non-conformity of the goods with the agreement still exists despite the Seller's attempts to bring the goods into conformity with the agreement).

  • In connection with a justified complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Regulations, the Seller will:

    • cover the costs of repair or replacement and redelivery of the Product to the Customer,

    • reduce the Price of the Product (the reduced Price must remain in proportion to the Price of the goods in conformity with the agreement to the goods not in conformity with the agreement) and refund the value of the reduced Price to the Consumer or entity referred to in § 10 no later than within 14 days from the receipt of the Price reduction statement from the Consumer or entity referred to in § 10,

    • in the event of withdrawal from the contract by the Consumer or entity referred to in § 10 – refund the Price of the Product no later than within 14 days from the receipt of the returned goods or proof of its return. In the event of withdrawal from the contract, the Consumer or entity referred to in § 10 is obliged to return the goods to the Seller at the Seller's expense without delay,

  • A response to the complaint is provided on paper or another durable medium, such as email or SMS.

 

§8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT (B2B)
 

  • Subject to paragraph 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Regulations, who has entered into a distance contract, may withdraw from it without giving any reason by submitting a relevant statement within 14 days. To meet this deadline, it is sufficient to send a statement of withdrawal from the contract provided by the Store.

  • In the event of withdrawal from the distance contract, the contract is considered null and void.

  • The right to withdraw from the contract is not available to the Consumer in relation to the contract:

    • in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,

    • in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,

    • in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,

    • in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery,

    • for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,

    • concluded at a public auction,

    • for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision.

  • The Seller may withdraw from the distance contract concluded with the Customer who is not a Consumer, subject to paragraph 10 of this paragraph, by submitting a relevant statement to the Customer within 14 days and returning the purchased Product.

  • The right to withdraw from the contract, referred to in paragraph 1, is not available to the Customer who is not a Consumer in relation to the contract:

    • in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,

    • in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,

    • in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.

 

§9

THE METHOD AND DEADLINE FOR REFUNDING THE PAYMENT
 

  • If the Consumer or entity referred to in § 10 of the Regulations exercises the right to withdraw from the contract, the Seller will refund all payments received from the Consumer or entity referred to in § 10 of the Regulations, including the costs of delivering the Product (except for additional costs resulting from the method of delivery chosen by the Consumer or entity referred to in § 10 of the Regulations other than the cheapest standard delivery method offered by the Seller), immediately, and in any case not later than within 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.

  • The Seller will refund the payment using the same payment methods that were used by the Consumer or entity referred to in § 10 of the Regulations in the original transaction, unless the Consumer or entity referred to in § 10 of the Regulations expressly agreed to a different solution, in each case the Consumer or entity referred to in § 10 of the Regulations will not incur any fees in connection with this return.

  • The Seller may withhold the refund of the payment received from the Consumer or entity referred to in § 10 of the Regulations until receiving the Product back or until the Consumer or entity referred to in § 10 of the Regulations provides proof of sending it back, depending on which event occurs first.

  • If the right to withdraw from the agreement is exercised by the Consumer or entity referred to in § 10 of the Regulations who has chosen a method of delivery of the Product other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or entity referred to in § 10 of the Regulations.

 

§10

PROVISIONS CONCERNING ENTREPRENEURS UNDER CONSUMER RIGHTS

 

  • An entrepreneur conducting a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Consumer Rights Act, provided that the contract entered into with the Seller is directly related to their business activity, but the content of this contract indicates that it does not have a professional character, in particular resulting from the subject matter of their business activity.

  • An individual conducting business activity as referred to in point 1 of this paragraph is protected only in the scope of:

    • unlawful contractual clauses,

    • liability for non-conformity of the Product with the contract,

    • the right to withdraw from a distance contract,

    • principles relating to contracts for the supply of digital content or digital services.

  • An entrepreneur referred to in point 1 of this paragraph loses consumer protection rights if the Sales Agreement concluded with the Seller has a professional character, which is verified based on the entry of this entrepreneur in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the indicated codes of the Polish Classification of Activity.

  • Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection (UOKiK).

 

§11

TYPE AND SCOPE OF ELECTRONIC SERVICES

 

  • The Service Provider enables the use of Electronic Services through the Store, such as:

    • concluding Sales Agreements for Products,

    • maintaining an Account in the Store,

    • ​

  • The provision of Electronic Services to Service Recipients in the Store is carried out on the terms specified in the Regulations.

  • The Service Provider has the right to place advertising content on the Store's website. These contents are an integral part of the Store and the materials presented therein.

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§12

CONDITIONS FOR THE PROVISION AND CONCLUSION OF ELECTRONIC SERVICE AGREEMENTS

​

  • The provision of Electronic Services specified in § 11 point 1 of the Regulations by the Service Provider is free of charge.

  • The period for which the contract is concluded:

    • the contract for the provision of an Electronic Service consisting of enabling the placement of an Order in the Store is concluded for a specified period and expires upon placing the Order or discontinuing its submission by the Service Recipient,

    • the contract for the provision of an Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period. The contract is concluded at the moment of sending the completed Registration Form by the Service Recipient,

    • the contract for the provision of an Electronic Service consisting of using the Newsletter is concluded for an indefinite period.

  • The technical requirements necessary to cooperate with the teleinformatics system used by the Service Provider include:

    • a computer (or mobile device) with internet access,

    • access to e-mail,

    • an internet browser,

    • enabling Cookies and JavaScript in the internet browser.

  • The Service Recipient is obliged to use the Store in accordance with the law and good manners, taking into account the respect for personal rights and intellectual property rights of third parties.

  • The Service Recipient is obliged to provide data consistent with the actual state.

  • The Service Recipient is prohibited from providing content of an unlawful nature.

 

§13

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

​

  • Complaints related to the provision of Electronic Services through the Store can be submitted by the Service Recipient via e-mail to the address: futurepacebattle@gmail.com

  • In the above e-mail message, as much information and circumstances regarding the subject matter of the complaint should be provided, in particular the type and date of occurrence of irregularities, as well as contact details. The provided information will greatly facilitate and expedite the consideration of the complaint by the Service Provider.

  • The consideration of the complaint by the Service Provider takes place immediately, no later than within 14 days from the date of the notification.

  • The Service Provider's response to the complaint is sent to the Service Recipient's e-mail address provided in the complaint notification or in another manner indicated by the Service Recipient.

 

§14

TERMS OF TERMINATION OF ELECTRONIC SERVICE AGREEMENTS

 

  • Termination of the contract for the provision of an Electronic Service:

    • the contract for the provision of a continuous and indefinite Electronic Service (maintaining an Account, Newsletter) may be terminated,

    • the Service Recipient may terminate the contract with immediate effect and without giving a reason by sending the relevant statement by e-mail to the address: futurepacebattle@gmail.com,

    • the Service Provider may terminate the contract for the provision of a continuous and indefinite Electronic Service in the event of the Service Recipient's breach of the Regulations, in particular when providing content of an unlawful nature after an ineffective prior request to cease violations with the determination of an appropriate deadline. In such a case, the contract expires after 7 days from the date of the declaration of termination (notice period),

    • termination leads to the termination of the legal relationship with future effect.

  • The Service Provider and the Service Recipient may terminate the contract for the provision of an Electronic Service at any time by mutual agreement of the parties.

 

§15

INTELLECTUAL PROPERTY

 

  • All content posted on the website at www.futurepace.store is protected by copyright and (subject to § 15 point 3 and elements posted by Service Recipients, used under a license, transfer of proprietary copyrights, or fair use) is the property of FUTURE PACE JULIA STAWSKA, place of business and address for service: os. Różane 11i/1, 58-200 Dzierżoniów,, NIP: 8822145622, REGON: 526669983. The Service Recipient bears full responsibility for the damage caused to the Service Provider as a result of the use of any content of the website www.futurepace.store without the consent of the Service Provider.

  • Any use by anyone without the express written consent of the Service Provider of any of the elements making up the content and the website www.futurepace.store constitutes a violation of the copyright of the Service Provider and results in civil and criminal liability.

  • All trade names, product names, company names, and their logos used on the website of the Store at www.futurepace.store belong to their owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the website of the Store at www.futurepace.store are used for informational purposes.

 

§16

GIFT CARDS (VIRTUAL GIFT CARD)

 

  • Gift cards are available in virtual form and allow for depositing any amount into the card account.

  • The gift card covers all products available in our online store.

  • The gift card is valid for a period of 1 year from the date of purchase.

  • The customer can use the gift card when placing an order by entering the appropriate code in the "GIFT CARD" field in the shopping cart. The remaining amount after the transaction remains on the card and can be used in the future.

  • The customer receives the gift card by email to the email address provided by them.

  • The gift card cannot be exchanged for cash or refunded.

  • The gift card cannot be canceled after it has been generated, so please consider your purchases carefully.

  • Products purchased using a gift card that are reported for a complaint or return will be accepted, and the refund will be made to the gift card.

  • In case of problems with the operation of the gift card, please contact us at futurepacebattle@gmail.com, and our employees will quickly resolve any issues.

 

§17

FINAL PROVISIONS

 

  • Contracts concluded through the Store are made in accordance with Polish law.

  • In the event of any inconsistency of any part of the Regulations with the applicable law, the relevant provisions of Polish law shall apply in place of the questioned provision of the Regulations.

  • All disputes arising from Sales Agreements between the Store and Customers will be resolved first through negotiations, with the intention of an amicable resolution of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. If this is not possible or unsatisfactory for either party, disputes will be settled by the competent common court in accordance with point 4 of this paragraph.

  • Judicial settlement of disputes:

    • any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer or a subject referred to in § 10 of the Regulations shall be subject to the courts competent according to the provisions of the Code of Civil Procedure of November 17, 1964,

    • any disputes arising between the Service Provider and the Service Recipient (Customer) who is not at the same time a Consumer, as referred to in § 9 of the Regulations, shall be subject to the court having jurisdiction over the registered office of the Service Provider.

  • A Consumer, in order to settle a dispute amicably, has the right to use out-of-court methods of dealing with complaints and redress, in particular by submitting a request for mediation or a request for consideration of the case by an arbitration court after completing the complaint procedure (the application form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.

In order to amicably resolve the dispute, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.