TERMS AND CONDITIONS OF THE ONLINE STORE

Chapter 1. Definitions

1 Customers should read the Rules and Regulations.
2. These Rules and Regulations set out the terms and conditions for the provision of electronic services, in particular the use of the Store, as well as the rights, obligations and terms of liability of the Seller and the Customer.
The Regulations also contain information that the Seller is obliged to provide to the Consumer and Entrepreneur privileged on the rights of the Consumer in accordance with applicable laws, including the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2020.287 t.j. as amended).
3. The Regulations are posted on the Shop’s website and can be read before concluding a contract.
At the request of the Client, the Regulations may also be made available in other ways (e.g. by e-mail).
4. Definitions of terms used in these Regulations:
– Vendor: ST2ST sp. z o.o., ul. Zagrodowa 1/1, 63-004 Gowarzewo, NIP 7773403198, KRS 0001026246.
– Regulations: the following Regulations of the Sailingmachine Internet Shop;
– Customer or Buyer: a natural person with full legal capacity, a legal person with legal capacity, or an organizational unit that is not a legal person, which is granted legal capacity by law, entering into a legal relationship with the Seller on the subject of the Shop’s operations. The customer may be a Consumer or a Business Privileged under the rights of a Consumer.
– Consumer: a customer who is an individual or a business customer making a purchase, not related to his/her business or professional activity;
– Electronic service: included in the Act of July 18, 2002 on the provision of services by electronic means (Dz.U.2020.344 t.j., as amended), provided at a distance, electronically by the Seller to the Customer via the Service;
– Store or Online Store, or Service: electronic service, Online Store, administered by the Seller at the Internet address https://www.sailingmachine.pl, where the Customer orders goods and concludes a contract of sale at a distance with the Seller;
– Account: An individualized profile assigned with a login to a given customer after the customer registers with the Service. The Account collects data provided during the registration process and regarding purchases and orders;
– Product or goods: a movable item offered by the Seller in the Store;
– Agreement: a distance contract for the purchase of Goods, formed as a result of placing an Order by the Customer in the Store and its acceptance;
– Login – customer’s name, individual and unique, being the e-mail address provided by the Customer during the registration process;
– Form: a script constituting a means of electronic communication, allowing to place an Order in the Store or to perform other actions in the Store;
– Order: a declaration of intent made by the Buyer through the Form, indicating the goods shown in the Store and their quantity, treated as an offer by the Buyer to the Seller to conclude a distance sales agreement for the goods that are the subject of the order through the Service;
– Goods – the product offered by the Seller in the Sailingmachine online store.
– Newsletter: a service provided by the Seller via electronic mail (e-mail), which ensures that Customers who use it automatically receive periodic messages from the Seller with information about the Service, in particular about news and promotions in the Store.
– Force majeure: an unforeseeable and sudden event that is beyond the control of the parties and prevents the performance of the contract in whole or in part at all or for a certain period of time, which could not have been prevented or counteracted with due diligence.
– Privileged Entrepreneur on the rights of the consumer: an individual who enters into a Contract directly related to his business activity, when it is clear from the content of the Contract that it does not have a professional character for him, arising in particular from the object of his business activity.

CHAPTER 2. Basic information

1. address and contact details of the Seller:
Address: ST2ST sp. z o.o., ul. Zagrodowa 1/1, 63-004 Gowarzewo;
E-mail address: hello@sailingmachine.com;
Phone number: 791 979 228.
2. Functions available on the Website:
– Online Store;
– Customer Account;
– Newsletter;
Are provided in accordance with the Regulations.

3. the Customer may at any time resign from the Services of the Website, including receiving the newsletter and maintaining the Account.
4. the Seller will be able to use and process personal data provided by the Customer, which are necessary for the implementation of the order process and the sales contract:
– first and last name,
– residential address,
– address for delivery,
– e-mail addresses,
– telephone number.
5. the Seller will be able to use, with the prior consent of the Customer, also other data of the Customer, not necessary for the implementation of the order.
It will do so for the purposes of advertising, learning about the Customer’s preferences and improving the quality of the Service.
6. Personal data provided by Customers are processed by the Seller in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter: the “Regulation”).

The vendor guarantees that the processing of this data is carried out as follows:
(a) In accordance with the law, in a fair and transparent manner for Customers and other data subjects;
b) Data are collected for specific, clear and legitimate purposes, and are not further processed in a manner incompatible with those purposes;
c) Data are adequate, relevant and limited to what is necessary for the purposes of processing;
d) Data are correct and, if necessary, kept up to date;
e) Data are kept in a form that allows identification of the subject for no longer than necessary for the purposes of processing;
f) Data are processed in a manner that ensures adequate security, including protection against unauthorized or unlawful processing, accidental loss, damage or destruction, using appropriate technical and organizational measures.
The vendor shall apply appropriate technical and organizational measures to ensure an adequate level of protection of personal data, consistent with the nature, context, scope and purpose of the processing, as well as with the risk of violation of the rights and freedoms of individuals.
The Seller shall provide access to personal data and respect other rights of Customers and other data subjects in accordance with applicable law.
Personal data is processed on the basis of Customers’ consent or other authorized grounds, in accordance with the Regulation.
The vendor shall ensure compliance with the rights of persons whose personal data is processed, including:
– Rights to withdraw consent to the processing of personal data;
– Rights to information regarding personal data;
– Rights to control the processing of data, including updating, rectification, deletion;
– Rights to object to processing or limit processing;
– Rights to file a complaint with a supervisory authority and take other legal measures to protect your rights.
Persons who have access to personal data shall process such data only on the basis of authorization from the Vendor or under an agreement for entrustment of personal data processing, in accordance with the Vendor’s guidelines.
The Seller guarantees that personal data are not shared with other entities, except for those that have a legitimate basis for doing so, in accordance with European Union law or Polish law.
In the course of its business activities, the Seller uses the services of other entities, including for the execution of contracts. Personal data may be transferred to:
– hosting provider,
– software provider of the Website,
– Internet access provider,
– courier and postal companies,
– electronic payment platforms,
– persons and companies providing accounting or legal services.

7 The newsletter provides the customer with information on store offers, promotions and news. The Newsletter is free of charge.
a.
in order to receive messages from the Newsletter it is not necessary to register a Customer Account, it is necessary to indicate an e-mail address and accept the Terms and Conditions, consent to the processing of personal data and transfer of commercial information.
b.
A link confirming consent to receive the newsletter will be sent to the e-mail address indicated by the Client.
c. Unsubscribing from the Newsletter is possible at any time. The Customer may use the option to disable the Newsletter or send a request to stop sending it to the Vendor’s address (hello@sailingmachine.com)

(8) In order to register an Account, it is necessary for the Customer to fill in the registration form located on the Website, where the Customer provides his/her e-mail address, which is the Login, the password indicated by the Customer and: first name, last name, telephone number and address. The account is free and can be deleted at any time.
9. Prices
a). The prices of the Goods presented in the Store are given in Polish zlotys (prices include value added tax).
(b) The Seller may at any time change the prices of the Goods, end or start a promotion or sale. Seller may not change the price of the Goods in an order already placed.
c). The prices of the Goods do not include the cost of delivery, which is indicated when placing the Order and depends on the method of delivery chosen by the customer, The cost is visible before ordering and borne by the customer.

CHAPTER 3. Orders and Payments

1. orders
a.
Placing orders is done by filling out the form available on the Online Store.
b. A customer can place an order after creating an Account on the Website or without registering (as a guest).
c. The form should be filled out carefully and correctly, and the data should be consistent with the facts, which is a condition for the timeliness of the Order.
d.
The customer selects in the form the mode of payment and the type and cost of delivery.
e.
In the form, the Customer provides his/her data and agrees to accept the terms and conditions, process personal data and receive commercial information.
f. The customer can place orders 24 hours a day, every day of the year. However, the processing of these orders is carried out on working days, Monday through Friday, from 8:00 am to 12:00 pm. Orders placed on business days after 12:00 a.m. and on Sundays and holidays, are processed from the nearest next business day.
g. The customer confirms the order by pressing the “I order” button. Before the Customer sends the order form to the Seller, the total price of all selected products and the delivery cost of the order will be provided to the Customer, which depends on the delivery method selected by the Customer.
h.
The Seller sends an order confirmation to the indicated e-mail address.
i. Upon receipt of order confirmation from the Seller at the e-mail address indicated by the Buyer, a sales contract is concluded between the Buyer and the Seller for the goods covered by the order. Completion and submission of the order form by the Buyer constitutes an offer as defined in the Civil Code, addressed to the Seller.
j.
The time required to prepare the order (until the day of shipment of the product) is a maximum of 7 working days.
k. If the customer needs an invoice, he must provide the relevant data. Tax ID number for invoice must be provided when placing the order. The Seller is not responsible for incorrect or incomplete data, including Tax Identification Number, provided by the Customer.
l. If for some reason the order cannot be processed, the Seller will immediately notify the Customer by e-mail or telephone. In such a situation, the Consumer has the right to cancel the order, and the Seller will return the funds paid by the Consumer.
2. Payment
a.
The Customer chooses the form of payment for the order:
– Traditional transfer – payment before shipment of the goods (prepayment). After placing an order, the customer is required to make payment to the Store’s bank account. The order is processed after the payment is credited to the account.
– Payment via PayU S.A. payment system. – Payment before shipment of goods (prepayment). The customer makes payment through the PayU S.A. platform. Fulfillment of the order takes place after the payment is credited to the PayU S.A. system.
– Payment upon receipt of the goods (cash on delivery) – the Customer pays the amount due directly to the carrier upon receipt of the goods.
Fulfillment of the order takes place after the order is placed.
b) The seller issues a proof of purchase and delivers it to the customer, if required by law.
c) The customer should make payment within 7 days from the date of conclusion of the sales contract, unless the chosen method of payment provides for a different deadline. In the event of non-payment within the prescribed period, the Seller will give the Customer an additional period of time for payment, and upon its ineffective expiration, the Seller will be entitled to withdraw from the contract. If the Customer declares that he will not fulfill his performance, the Seller may withdraw from the contract without setting an additional deadline, also before the expiration of the previously specified deadline for performance.
3. Delivery
a.
The order is shipped to the address indicated by the Customer in the form.
b. The order is delivered by courier service to the address or to the designated parcel machine.

Chapter 4 COMPLAINTS

a. The principles of the Seller’s liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by the Civil Code, in particular in Art. 556 et seq. of the Civil Code.
b.
The Seller is obliged to provide the Customer with Goods free of defects.
c. A complaint may be submitted by the Customer, e.g. in writing to the address: ST2ST sp. z o.o., ul. Zagrodowa 1/1, 63-004 Gowarzewo; e-mail address: hello@sailingmachine.com. If the complaint concerns a defect in the Product, it is usually advisable to deliver it to the Seller, which will allow the Seller to check the Product.
d.
If the purchased Product has a defect, the Customer may:
– make a statement on reducing the price or withdrawing from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. The reduced price should remain in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect in the Product is insignificant;
– demand to replace the Product with a defect-free one or to remove the defect.
The Seller is obliged to replace the defective Product with a defect-free one or remove the defect within a reasonable time without excessive inconvenience for the Customer;
e. The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a defect-free one, or instead of replacing the Product, demand the removal of the defect, unless bringing the Product into conformity with the contract in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way proposed by the Seller. In assessing the unreasonableness of costs, the value of the Product free of defects, the type and significance of the defect found, and the inconvenience to which other means of satisfaction would expose the Consumer shall be taken into account.
f. The Customer should include in the description of the complaint information on the subject of the complaint, in particular the type and date of occurrence of the defect; the request for a method of bringing the Goods into conformity with the Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements stated in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints made in disregard of the recommended method of complaint.
g. The Seller will respond to the Customer’s complaint immediately, no later than within 14 days of receipt. If the Customer has requested replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the Seller has recognized the request as justified.
h. If it is necessary for the Seller to respond to the Customer’s complaint or to exercise the Customer’s rights under the warranty, it will be necessary to deliver the Product to the Seller, in accordance with Art. 5612 w zw. from Art. 354 § 2 of the Civil Code, the Customer shall deliver the Product at the expense of the Seller to the address of ST2ST sp. z o.o., ul. Zagrodowa 1/1, 63-004 Gowarzewo. However, if due to the nature of the defect, the type of the Product or the manner of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer may be asked to make the Product available to the Seller, by prior arrangement, at the place where the Product is located.
i. The Seller shall be liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the Product to the Customer. A claim for the removal of a defect or replacement of the Product with a defect-free one year from the date of discovery of the defect, but in the case of an Order placed by a Consumer – the course of the statute of limitations may not end before the expiration of the period referred to in the first sentence.

Chapter 5. RETURNS

a. A Customer who is a Consumer or a Business Privileged under the rights of a Consumer has the right to withdraw from the Contract concluded remotely within 14 days from the date of receipt of the Goods.
b.
A model withdrawal form is here (link).
c. The address to which the returned goods should be sent back: ST2ST sp. z o.o., 1/1 Zagrodowa St., 63-004 Gowarzewo, tel: 791 979 228.
d. The consumer must return the product along with all parts, including packaging if it is an essential part of the product, within 14 days from the date of withdrawal, unless the seller offers to pick up the product himself. If the vendor does not offer to pick up the product itself, the vendor may withhold the refund until the vendor receives the product back or provides proof of return, whichever comes first.
e. The seller is obliged to return to the consumer all payments made, including the cost of delivery of the product, immediately, and no later than 14 days from the date of receipt of notification of withdrawal from the contract. The payment will be refunded using the same method of payment used by the consumer, unless the consumer expressly agrees to a different method of refund that does not incur additional costs.
f.
If the consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method offered by the seller, the seller does not have to reimburse the additional costs incurred by the consumer for this.
g.
The consumer shall bear only the direct costs of returning the product, unless the seller agrees to cover these costs or has not informed the consumer of the need to bear them.
h.
The consumer shall be responsible for any diminution in the value of the product resulting from the use of the product beyond what is necessary to ascertain its nature, characteristics and functioning.
i. Effective withdrawal from the contract results in the contract being deemed not concluded.
j. The right of withdrawal from an off-premises or distance contract does not apply to consumers, among other contracts:
– for the provision of services for which the consumer is obliged to pay the price, if the trader has performed the service in full with the express and prior consent of the consumer, who was informed before the start of the service, that after the performance of the trader will lose the right to withdraw from the contract, and accepted it;
– in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
– in which the object of performance is a non-refabricated good, produced to the consumer’s specifications or serving to meet his individualized needs;
– in which the object of performance is goods that are perishable or have a short shelf life;
– in which the object of performance is goods delivered in sealed packaging, which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
– in which the object of performance is goods, which after delivery, due to their nature, become inseparable from other goods;
– in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
– for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;
– concluded through a public auction;
– for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the trader has started the performance with the express and prior consent of the consumer, who was informed before the start of the performance that after the performance of the trader will lose the right to withdraw from the contract, and has accepted this, and the trader has provided the consumer with a confirmation.

CHAPTER 6. FINAL PROVISIONS

(1) The content posted on the website and the content of www.sailingmachine.com belongs to the vendor. Copying and use of any content and graphics requires the consent of the Seller.
2. In cases not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002. (Journal of Laws 2002 No. 144, item 1204, as amended); regulations contained in the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.
3. The rights of the Buyer, who is a consumer, to which he is entitled under applicable law, regardless of their nature, are not limited or excluded by the provisions of these Regulations.

CHAPTER 7. promotions – advent calendar 2023

1. The organizer of the promotion is ST2ST sp. z o.o, headquartered at ul. Zagrodowa 1/1, 63-004 Gowarzewo, NIP 7773403198, KRS 0001026246, hereinafter referred to as the Organizer.
2. The promotion consists of the Organizer sharing daily special offers on selected clothing on its Sailing Machine Facebook and Instagram profile, valid for 24 hours only in the UTC+1 time zone, from December 1 to 24, 2023.
3. To take advantage of the promotion, the Participant must: – visit the website www.sailingmachine.com on the day the offer is valid, – select the clothing covered by the promotion and add it to the shopping cart, – enter the discount code provided on the site when placing the order, – make payment for the order within 7 days from the date of the order. The promotion does not apply to delivery costs.
4. The promotion does not combine with other promotions, discounts, coupons or special offers organized by the Organizer.
5. The Organizer reserves the right to change or cancel the promotion at any time, without giving any reason and without incurring any liability to the Participants.
6. The organizer is not responsible for errors, delays or failures in the operation of the website, social networks or payment systems that prevent or hinder the use of the promotion.
7. (8) All complaints regarding the promotion shall be submitted in writing to the Organizer’s address given in Section 1, within 14 days from the date of termination of the promotion, stating your personal information, address, telephone number, date and subject of the complaint and the request. The Organizer will consider complaints within 30 days from the date of receipt and will inform the Participant of the result in writing to the address provided by the Participant.
8. In matters not covered by these regulations, the provisions of Polish law, in particular the Civil Code and the Law on Consumer Rights shall apply.
9. Participation in the promotion implies acceptance of these terms and conditions and a commitment to abide by them. The regulations are available on the website www.sailingmachine.com