
Terms and Conditions of the Get Hobby Online Store
Defining, among other things, the rules for concluding sales agreements via the Store, and including essential information about the Seller, the Store, and Consumer rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
§ 12 Provisions for Non-Consumer Buyers
Appendix 1: Withdrawal Form Template
§ 1 DEFINITIONS
Business Days – Days from Monday to Friday, excluding public holidays.
Account – A free feature of the Store (provided electronically) governed by separate terms and conditions, enabling the Buyer to create their individual account in the Store.
Consumer – A consumer as defined by the Civil Code or a Privileged Entrepreneur (for agreements concluded from January 1, 2021).
Privileged Entrepreneur – An individual entering into an agreement with the Seller directly related to their business activity but not of a professional nature for them.
Buyer – Any entity purchasing from the Store.
Terms and Conditions – This document.
Store – The online store operated by the Seller at www.getmodel.eu
Seller – Karol Kuczok, an entrepreneur operating under the business name PLUTON Karol Kuczok, registered in the Polish Central Register and Information on Economic Activity maintained by the minister responsible for economy, NIP 6351755885, ul. Żymły 31/1, 41-707 Ruda Śląska, Poland.
§ 2 CONTACT WITH THE SELLER
- Email address (English and Polish language): [email protected]
- Phone number (Polish language only): 32 323 51 16 or 690 474 333
§ 3 TECHNICAL REQUIREMENTS
- For the Store to function correctly, the following are required:
- A device with internet access
- A web browser supporting JavaScript and cookies
- To place an order in the Store, in addition to the requirements specified in point 1, an active email account is required.
§ 4 SHOPPING IN THE STORE
- All products offered in the Store are models and modeling equipment requiring knowledge in fields such as electronics, electrotechnics, mechanics, computer science, and modeling craftsmanship. The Store’s offerings are NOT intended for children (no toys are offered).
- By placing an order in the Store, the Buyer declares that they have reviewed both the description of the ordered products and all safety instructions related to the ordered products (e.g., safe use of batteries).
- Product prices displayed in the Store are total prices, including VAT.
- The Seller notes that the total order price consists of the product price and, if applicable, delivery costs specified in the Store.
- Products selected for purchase must be added to the cart in the Store.
- The Buyer then selects from the delivery and payment methods available in the Store and provides the data necessary to fulfill the order.
- The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
- Placing an order constitutes a sales agreement between the Buyer and the Seller.
- For products marked as "on order," the Seller reserves the right to withdraw from the sales agreement in the event of unavailability or price changes at the Seller’s suppliers.
- Notification of withdrawal will be sent to the Buyer via order cancellation due to unavailability/price changes to the email provided during the order, no later than the scheduled shipping date.
- The total order price will be refunded to the Buyer immediately after the Seller withdraws from the sales agreement, using the same payment method used during payment, or as otherwise agreed between the Buyer and the Seller (e.g., bank transfer).
§ 5 PAYMENTS
- For placed orders, payment can be made based on the Buyer’s choice:
- By SEPA bank transfer to the Seller's account.
- By PayPal
- By PayU (one of biggest Polish Online Payments Systems, that supports EUR and different payment methods)
- If the Buyer selects advance payment, they must pay for the order within 4 Business Days of placing the order.
- The Seller informs that for some payment methods, due to their specifics, payment for the order is possible only immediately after placing the order.
- By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.
§ 6 ORDER FULFILLMENT
- The Seller is obliged to deliver defect-free products.
- The order fulfillment period is specified in the Store.
- If the Buyer selects advance payment, the Seller will proceed with the order after payment is received.
- If the order includes products with different fulfillment times, the order will be fulfilled within the longest specified time.
- Products are delivered exclusively within the territory of UE, excluding Poland.
- Products purchased in the Store are delivered depending on the method selected by the Buyer:
- By courier service
- To InPost parcel lockers
- The maximum lead time is 7 business days.
§ 7 RIGHT OF WITHDRAWAL
- Consumers have the right to withdraw from a contract concluded with the Seller via the Store, subject to §8 of the Terms and Conditions, within 14 days without providing any reason.
- The withdrawal period expires 14 days from the day:
- The Consumer receives the product or a third party other than the carrier and indicated by the Consumer receives the product.
- The Consumer receives the last item, or a third party other than the carrier and indicated by the Consumer receives the last item, in the case of an agreement concerning multiple items delivered separately.
- The agreement is concluded, in the case of a digital content supply agreement.
- To exercise the right of withdrawal, the Consumer must inform the Seller, using the contact details provided in §2 of the Terms and Conditions, of their decision to withdraw from the contract through an unequivocal statement (e.g., a letter sent by post or an email).
- The Consumer may use the withdrawal form template provided at the end of the Terms and Conditions, but this is not obligatory.
- To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
- CONSEQUENCES OF WITHDRAWAL
- In the event of withdrawal from the contract, the Seller will reimburse all payments received from the Consumer, including delivery costs (except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Seller), immediately and, in any event, no later than 14 days from the day the Seller is informed of the Consumer’s decision to withdraw from the contract.
- The Seller will make the reimbursement using the same means of payment as the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any fees as a result of the reimbursement.
- The Seller may withhold reimbursement until they have received the product back or the Consumer has supplied evidence of having sent back the product, whichever is earlier.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
- The right to withdraw from a contract concluded remotely does not apply to the Consumer with respect to contracts:
- where the subject of the performance is a non-prefabricated item made according to the Consumer's specifications or serving to meet their individual needs.
- where the subject of the performance is an item that deteriorates rapidly or has a short shelf life.
- where the subject of the performance is an item delivered in a sealed package, which, after opening, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery.
- where the subject of the performance are items that, after delivery, by their nature, are inseparably combined with other items.
- where the subject of the performance are sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery.
- for the supply of newspapers, periodicals, or magazines, except for subscription contracts.
- where the price or remuneration depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur before the withdrawal period expires.
- for the supply of digital content not recorded on a tangible medium if the performance has begun with the Consumer's express consent before the withdrawal period expires and after the Consumer has been informed by the entrepreneur about the loss of the right of withdrawal.
§ 9 COMPLAINTS
- If a product defect occurs, the Buyer may complain about the defective product based on statutory warranty regulations or, if applicable, a guarantee.
- When exercising their rights under the statutory warranty, the Buyer may, under the conditions and within the time limits specified in the Civil Code:
- submit a declaration of price reduction,
- in the case of a significant defect – submit a declaration of withdrawal from the contract,
- demand replacement of the item with one free from defects,
- demand the defect to be rectified.
- The Seller requests that complaints under the statutory warranty be sent to the postal or email address provided in § 2 of the Terms and Conditions.
- If it turns out that to resolve the complaint, it is necessary to deliver the defective product to the Seller, the Buyer is obliged to deliver the product, and in the case of a Consumer, at the expense of the Seller, to the address: ul. Żymły 31/1, 41-707 Ruda Śląska.
- If a guarantee is provided for the product, the details and conditions are included in the product description in the Store.
- Complaints regarding the operation of the Store should be sent to the email address specified in § 2 of the Terms and Conditions.
- The Seller will address complaints within 14 days.
- ALTERNATIVE DISPUTE RESOLUTION METHODS
- The Consumer may also seek assistance from a municipal or district Consumer Ombudsman.
- The Consumer can use the online ODR platform at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
- The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller, including other purposes and legal grounds for processing, as well as data recipients, is included in the Store's Privacy Policy, available in the Store, in compliance with the GDPR (General Data Protection Regulation).
- The purpose of processing the Buyer's data is to fulfill orders. The legal basis for processing personal data in this case includes:
- The sales contract or actions taken at the Buyer's request before its conclusion (Article 6(1)(b) GDPR),
- The Seller's legal obligation related to accounting (Article 6(1)(c) GDPR),
- The Seller's legitimate interest in establishing, exercising, or defending claims (Article 6(1)(f) GDPR).
- Providing data is voluntary but necessary to conclude a sales contract. Failure to provide data prevents the conclusion of the sales contract in the Store.
- The Buyer's data provided in connection with purchases in the Store will be processed until:
- The Seller is no longer under a legal obligation requiring data processing,
- Claims related to the sales contract concluded through the Store can no longer be pursued by the Buyer or Seller,
- An objection to processing is accepted, in cases where processing was based on the Seller's legitimate interest.
§ 11 RESERVATIONS
- The Buyer is prohibited from providing unlawful content.
- Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time and purpose of fulfilling the order.
- Contracts under these Terms and Conditions are concluded in the Polish language.
- None of the provisions of these Terms and Conditions excludes or limits the rights of Consumers under the law.
- Provisions concerning products and sales agreements apply accordingly to digital content and digital content supply agreements unless the Terms and Conditions specify otherwise.
§ 12 PROVISIONS FOR NON-CONSUMER BUYERS
- The right to withdraw from a distance contract does not apply to entities other than Consumers.
- The Seller's liability towards Buyers who are not Consumers is excluded to the fullest extent permitted by law.
- In the event of a dispute with a Buyer who is not a Consumer, the competent court is the court having jurisdiction over the Seller's registered office.
Appendix 1 to the Terms and Conditions
WITHDRAWAL FORM TEMPLATE
(This form should be completed and returned only if you wish to withdraw from the contract)
GET MODEL / PLUTON Karol Kuczok
ul. Żymły 31/1
41-707 Ruda Śląska, Poland
Email: [email protected]
- I/We (*) hereby inform you of my/our withdrawal from the sales contract for the following items (*) / provision of the following service (*) / delivery of digital content in the form of (*):
........................................................................................................................................
........................................................................................................................................
- Date of contract conclusion (*)/receipt (*) .............................................
- Name of Consumer(s): ...............................................................
- Address of Consumer(s): ...............................................................
..................................................
Signature of Consumer(s)
(only if the form is submitted in paper form)
Date: ............................................
(*) Delete as appropriate.