+48 22 100 27 73 [email protected]

Terms and conditions of online sales

Good morning!

Our full registration data as a seller: SoftArchitect sp. z o.o. Niedźwiedzia 29b, 02-737 Warsaw, REGON: 363799559, VAT: PL5213723989, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the m.st. Warsaw, XIII Commercial Department, under KRS number 0000604047.

Below you will find the regulations, which contain information, m.in. on how to place an order leading to the conclusion of the contract, details on the implementation of the concluded contract, rules  for making  digital content available and providing services and types of payments available on the Website, withdrawal procedure or complaint procedure.

If you have any comments, questions, doubts,we are at  your disposal at  the e-mail  address [email protected] or phone number +48 22 100 27 73. Our customer service department works from Monday to Friday from 9 AM to 5 PM CET.

Greetings and happy shopping!

 From the OnFly  Shop website  team

¤ 1.  Definitions

For the purposes of Terms & Conditions, the following terms shall be used:

1)      Update - an update that the Seller undertook to provide and which is necessary to maintain the compliance of the Digital Content with the Agreement;

2)      Price - the value expressed in monetary units, which the Buyer is obliged to pay to the Seller for the Product ;

3)      E-payment - payment of the Price for the Product by means of  digital value representation, in particular by means of electronic vouchers, e-coupons, virtual currencies, etc.;

4)      Buyer - a natural  person, legal person or organizational unit equipped with legal capacity, in particular a Consumer or PNPK;

5)      Consumer - a natural person concluding speech with the Seller not directly related to its business or professional activity;

6)      Products - Goods, Digital Content or Basic Services;

7)      Entrepreneur with consumer rights (PNPK) - a natural person concluding  a speech with the Seller directly related to its business activity, when the content of the Umowa shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity;

8)      Pre-sale - the process of collecting orders by the Seller  for Products that will be available for sale from a specified date, and concluding Agreements before the planned date of introduction of Products for sale;

9)      Regulations - regulations  of the OnFly Shop Website, available at  https://shop.onfly.pl/conditions.html;

10)   Web service - website of the Internet at the address https://shop.onfly.pl and its extensions;

11)   Seller - SoftArchitect sp. z o.o., with its registered office in Warsaw at 29b Niedźwiedzia Street, 02-737 Warsaw,, REGON: 363799559, VAT: PL5213723989, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the m.st. Warsaw, XIII Commercial Department, under KRS number 0000604047;

12)   Goods - all movable items offered by the Seller as part of the Store, including TzEC;

13)   Goods with Digital Elements (TzEC) - Goods offered by the Seller, containing Digital Content or Digital Service, without which the Good is unable to function properly. Digital Content or Digital Services may be provided by the Seller or a third party;

14)   Outlet Goods - Goods in respect of which the Buyer has been clearly informed that a specific feature of the Goods deviates from the typical requirements of compliance with the Agreement, e.g. in terms of completeness, quality, functionality, etc.;

15)   Digital Content - data produced and delivered in digital form;

16)   User Content - content that has been provided or produced by the Consumer or PNPK in the course of using  Digital Content;

17)   Agreement - an agreement concluded between the Seller and  the Buyer, the subject of which is the sale  of Goods, the delivery of Digital Content or the provision of Basic Services or Electronic Services  to the Buyer;

18)   Services - Electronic Services or Basic Services;

19)   Digital Services - services from the Buyer to:

- production, processing, storage or access to data in digital form;

- sharing of digital data uploaded or created by the Buyer or other users of the Digital Service;

- other forms of interaction with digital data;

20)   Basic Services - all services provided by the Seller as part of its core activities related to software development and market and opinion research. Basic Services may or may not be a type of Electronic Service;

21)   Electronic Services Ń all electronic services provided by the Seller to the  Buyer via the Website.

¤ 2.  Introductory provisions

1.       The Seller  sells Products via  the Website. The Buyer may purchase  the Products indicated on the Website or specified as part of the Pre-sale.

2.       The Regulations define the terms and conditions of using the Website, as well as the rights and obligations of the Seller and Buyers.

3.       To use the Website, including in particular to place an order, it is not necessary to meet special technical conditions by the Buyer's computer hardware or software. The following are sufficient:

a)       Internet access,

b)      standard, up-to-date operating system,

c)       standard, up-to-date web browser with cookies enabled,

d)      Having an active email address.

4.       In order to use Digital Content, depending on its type, you may additionally need standard, publicly available software that allows you to view or play certain types of files such as DOC, PDF, MP4, MP3, MOV, AVI, etc. If the use of Digital Content requires meeting additional technical requirements, such information is presented on the Website in a manner visible to the Buyer and allowing to make a decision regarding the purchase of digital content.

5.       If in order to use the Goods or TzEC it is necessary to meet additional technical conditions other than those indicated in paragraph 3, the Seller shall inform the Buyer about it before placing the order, e.g. by including technical requirements in the description of the Goods or TzEC.

6.       The conclusion of the Agreement may not take place anonymously or under a pseudonym. The Buyer should indicate true and complete personal data in order to be able to conclude such an Agreement.

7.       It is forbidden to provide  illegal content when using the Website  , in particular by sending such content via forms available on the Website.

8.       Depending on the type of Products or Services selected, a specific type of Agreement is concluded between the Seller and the Buyer:

a)       in the case of Goods, a sales contract is concluded;

b)      in the case of Digital Content, a contract for the supply of digital content is concluded;

c)       in the case of Electronic Services, a contract for the provision of electronic services is concluded;

d)      in the case of Basic Services, a contract for the provision of services is concluded.

9.       If the subject of the order are Products of various types, after the acceptance by the Seller of the offer, several contracts referred to in paragraph 8 are concluded, corresponding to the subject of the order.

10.   For the avoidance of doubt, the Seller indicates that:

a)       Agreements that relate to the sale of Goods are agreements obliging to transfer ownership of the Goods, to which the provisions of Chapter 5a of the Act of 30 May 2014 on consumer rights apply;

b)      Agreements that relate to the sale of TzEC are agreements obliging to transfer ownership of the Goods, to which the provisions of Chapter 5a apply and the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights do not apply;

c)       Agreements that relate to Digital Content are contracts for the supply of digital content, to which the provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights apply;

d)      the  provisions of Chapter 5b of the Act of 30 May 2014 on consumer rights do not apply to Agreements that do not relate to Digital Content.

 

¤ 3. Electronic  Services Related to the Website

1.       The Seller provides the Buyer with specific Electronic Services related to the use of the Website.

2.       The basic Electronic service provided to the Buyer by the Seller  is to enable the Buyer to place an order on  the Website, which he conductsand to conclude with the Seller Uspeech. Placing an order is possible without the need to have an account on the Website.

3.       If the Buyer decides to set up an account on the Website, the Seller also provides the Buyer with an Electronic Service consisting in setting up and maintaining an account on the Website. The account stores the Buyer's data and the history of orders placed by him on the Website. The Buyer logs in to the Account using his e-mail address and a password defined by him. The Buyer is obliged to secure access to his User account against unauthorized access, and is also obliged not to share the login and password with any third parties.

4.       If the Buyer decides to subscribe to the newsletter, the Seller provides the Buyer with an Electronic Service consisting in sending the Buyer e-mails that contain information about new products, promotions, products or services of the Seller. Subscription to the newsletter is done by completing and sending the subscription form to the newsletter or by marking the appropriate check-box when placing the order. The buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button, which is included in each message sent as part of the newsletter. The Buyer may also send an e-mail to the Seller with a request to unsubscribe from the newsletter database.

5.       Electronic Services are provided to the Buyer free of charge. On the other hand, Sales Agreements, Contracts for the  delivery of Digital Content and Contracts for the provision of Basic Services, which are  concluded via the Website,  are payable.

6.       In order to ensure the security of the Buyer and the transfer of data in connection with the use of the Website, the  Seller shall take technical and organizational measures appropriate  to the degree of threat to the security of the  Electronic Services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.

7.       The Seller undertakes actions to ensure fully correct functioning of the Website. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Website.

8.       Due to the fact that the Website  is an ICT system managed by the Seller,  the Seller may carry out technical and IT work that will be aimed at the development of  the Website and the provision of Electronic Services at the highest possible level.

9.       As part of the development of the Website,  the Seller may in particular:

a)       add new features and change or remove existing functions within  the Service;

b)      introduce the Website to other types of devices, e.g. mobile devices;

c)       make available an application related to the Em Service.

¤ 4.  Placing an order

1.       The buyer can place an order as a registered customer or as a guest.

2.       A registered customer is a Buyer who has an account on the Website.

3.       If the Buyer has an account on the Website, he should log in to it before placing an order. Logging in is also possible when placing an order.

4.       All descriptions of Products available on  the Website do not constitute an offer within the meaning of the relevant provisions of civil law, but an invitation to conclude a contract.

5.       Placing an order is done by addinge to the basket  of Products that interest the Buyer, and then filling out the order form. In the form it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the payment method for the order is selected. The condition for placing an order is the acceptance of the Regulations, which the Buyer should read beforehand. In case of any doubts regarding the Regulations, the Buyer may contact the Seller.

6.       In the case of Goods that are Outlet Goods, an additional condition for placing an order is to check the check-box that the Buyer agrees to purchase defective Goods.

7.       In the order form, the Buyer must provide real personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when these data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the data provided. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer makes contact.

8.       The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with paragraph .  7.

9.       The ordering process ends with clicking on the button finalizing the order. Clicking on the button finalizing the order constitutes the submission by the Buyer of an offer to purchase selected Products from the Seller, under the conditions specified in the order form.

10.   After receiving the order, the Seller, no later than within 7 (say: seven) days from the date of receipt of the order, may:

a)       accept the offer submitted by the Buyer by accepting the order for execution - in this case, the Agreement is concluded upon delivery to the Buyer of a message confirming the acceptance of the order for execution, 

b)      may not accept the Buyer's offer and cancel the order - in this case, the Agreement is not concluded, and all payments are refunded to the Buyer, if the Buyer made them at the stage of placing the order.

¤ 5.  Pre-order

1.       The Seller, with respect to certain types of Products, may or may not arrange a Pre-Sale.

2.        Pre-Order Products are clearly identified within the Service as  Pre-Order Products. On the page of such  Products  , the Seller shall post information  from which date the Products are most likely to be  available and from which date  the Products are most likely to be handed over to Buyers. 

3.       For the purposes of concluding Pre-Sale Agreements, the provisions of ¤ 4 shall apply accordingly.

4.       The Seller reserves the right to change the date referred to in paragraph 2, especially as a result of delays in the delivery of the Product by third parties (e.g. manufacturers). The Seller will inform the Buyers about any changes in the dates related to the Pre-Sale, by posting information on the Website and sending an e-mail to the address provided by the Buyer.

5.       In the event that the sale of Products is not possible under the conditions provided for in the Pre-sale (e.g. suppliers do not deliver the right quantity or types of materials, there will be an increase in the price of materials, etc.), the Seller will inform the Buyer of these circumstances.

6.       If the Buyer who is a Consumer or PNPK does not agree to extend the deadline for delivery of the Product  or change the terms  of sale of the Product, he may resign from purchasing  the Product, and the Seller shall refund to such Buyer all payments made as part of the Pre-sale.

¤ 6.  Pricesand payments

1.       Available methods of payment for the order are described on  the Website and presented to the Buyer at the stage of placing the order.

2.       If the Buyer has chosen online payment when placing the order, after clicking on the button finalizing the order, he will be redirected to a payment gateway operated by an external payment operator in order to make a payment for the order.

3.       Electronic payments, including card payments, are handled by  mElements S.A. with its registered office in Warsaw at 18 Prosta Street, entered under KRS number 00000590484 into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, VAT number: PL522-304-78-92

4.       The Seller may provide Buyers with the option of making E-payment, e.g. using a discount code, voucher or other e-coupon. In this case, the Buyer will be able to pay the Price, in whole or in part, via E-payment, in accordance with the instructions available on the order form page. Providing the possibility of making E-payment is not the obligation of the Seller.

5.       If the Buyer asks for an invoice, it is delivered to the Buyer electronically, to the e-mail address provided in the order form.

6.       All  prices  given on the Website are gross prices.

7.       The Seller is entitled to grant Buyers discounts, reductions or other preferences related to price of its own choice, in particular as part of an organized promotional campaign.  Details of promotional campaigns are specified in separate regulations of promotional campaigns.  The Buyer is not entitled to demand discounts, reductions or other preferences that do not result from the promotional campaign.

8.       In each case of informing about the reduction of Product Prices, the Seller, next to information about the reduced Price,  also includes information about the lowest Product Price, which was in force within 30 days before the introduction of the reduction. If a given Product  is offered for sale  within a period of less than 30 days, in addition to information about the reduced Price, the Seller also includes information about the lowest Price  of the Product, which was in force in the period from  the date of commencement of offering this Product for sale to the date of introduction of the reduction.

¤ 7. Execution of the order concerning the Goods

1.         The execution of the order consists in completing the ordered Goods, packing them for delivery to the Buyer and sending the parcel to the Buyer in accordance with the form of delivery of the order chosen by the Buyer.

2.         The order is considered completed at the moment of sending the parcel to the Buyer (entrusting the shipment to the carrier engaged in transport). In the case of delivery via carrier, the Seller will inform the Buyer about the preparation of the Goods for shipment and the transfer of the shipment to the carrier. The exact date of delivery of the Goods is determined by the carrier, unless the carrier allows the Buyer to accurately determine the date and time of delivery. If the carrier provides such functionality, the Seller will provide the Buyer with the data needed to monitor the transport of the Goods, in particular a link to the carrier's website or to the carrier's application.

3.         The Buyer is obliged to examine the shipment in time and in the manner adopted for shipments of this type. If the Buyer found that during transport there was a loss or damage to the Goods, he is obliged to perform all actions necessary to determine the carrier's liability, e.g. in the form of writing a damage report (Article 545 ¤ 2 of the Civil Code).

4.         The delivery time is indicated for each Goods. Ordered Goods should be released to the Consumer or PNPK within 30 days, unless a longer period has been clearly indicated by the Seller in the description of the Goods. In such a situation, by placing an order, the Buyer agrees to a longer deadline for completing the order resulting from the description of the Goods.

5.         If the Buyer orders Goods with different lead times, the binding deadline for the entire order is the longest among all the Goods included in the order, and the Seller may propose to divide the order into several independent shipments in order to accelerate the lead time for some of the Goods.

 

¤ 8. Execution of an order for Digital Content

1.       The execution of the order  forDigital  Content consists in handing over the ordered Digital Content to the Buyer.

2.       The Seller makes the Digital Content  available to the Buyer not earlier than after positive payment authorization or payment is credited to its bank account.  Digital Content may be handed over to the Buyer immediately after the conclusion of the Agreement and payment for the order or on the dates specified by the Seller, depending on the type of Digital Content purchased by the Buyer.

3.       The Buyer, depending on the Seller's choice and the technical capabilities of the Website, may gain access to Digital Content by:

a)       a link sent to the Buyer to the e-mail address indicated by the Buyer or

b)      the account with the user to which the purchased Digital Content will be assigned, or

c)       a dedicated website of the Service, where the purchased Digital Content is located.

4.       Information on whether the Digital Content can be downloaded by the Buyer to its own medium can be found in the description of the Digital Content or instructions given to the Buyer.

5.       If a given Digital Content can be downloaded by the User, the Seller may impose a limit on the download of that Digital Content (e.g. a given Digital Content will only be able to be downloaded 10 times). If a download limit is introduced, the Seller clearly indicates to the Buyer how many times the Buyer may download a given Digital Content under the concluded Agreement.

6.       The Seller may introduce time restrictions on access to a given Digital Content (e.g. access to a given Digital Content will only be possible for 3 months). In the event of time limitations, the Seller clearly indicates to the Buyer for how long the Buyer will have access to a given Digital Content under the concluded Agreement. If access to Digital Content is defined by the Seller  as lifetime access, and the Buyer obtains this access through a user account, if it is necessary to delete the user account (e.g. due to technological changes, termination of business by the Seller), the Buyer is provided with the possibility to download the Digital Content to its own medium  within the period specified by the Seller, not shorter than 14 days, counted from sending to the Buyer's e-mail address assigned to the user account information about the planned liquidation of the user account and the possibility of downloading the Digital Content to its own carrier.   

7.       Digital Content shall be deemed to have been supplied at the time when the Digital Content or a means that allows access to or download of Digital Content is made available to the Buyer or to a physical or virtual device that the Buyer has chosen independently for this purpose, or when the Buyer or such device has gained access to the Digital Content.

8.       The Seller delivers the Digital Content in the version in effect on the date of delivery of the Digital Content and does not provide the Update after the date of delivery of the Digital Content, unless it  is clearly indicated  in the description of the Digital Content that the Digital Content  also includes Digital Content Updates at a later date.  

9.       Subject to fair use laws, the Buyer may use the Digital Content only for its own purposes. Under no circumstances shall the buyer have the right to  make available or sell the Digital Content, or any derivative works thereof, under its own designation, in combining the Digital Content or parts thereof into its own products or services that it makes available or sells and other similar commercial activities using the Digital Content.  

10.   If the Buyer wishes to use the Digital Content in its business or profession, it is obliged to ask the Seller to license the Digital Content by sending a message to the Seller's e-mail address. In order to conclude such an agreement, the Buyer should address the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the Digital Content and about the assumed time of use. Upon receipt of such a proposal, the Seller will present an offer in accordance with its own license policy.

11.   If the Buyer gains access to the purchased Digital Content through a user account, it is forbidden:

a)       sharing a user account with other persons or sharing access data to a user account with other persons,

b)      attempting to gain unauthorized access to Digital Content that has not been assigned to your account as a result of its purchase,

c)       taking actions that have a negative impact on the functioning of the ICT system within which the user account operates, in particular through various types of hacking techniques, malware, etc.

d)      attempting to download Digital Content on its own medium, while the Seller does not provide such a possibility,

e)      using the user's account to conduct marketing activities,

f)            using the functions available as part of the User Account in a way that violates the personal rights of others or violates good manners.

12.   The Seller is entitled to make changes to the scope of Digital Content during the term of the Agreement, with the exception  of Digital Content that is delivered in a one-off manner. Changes   to Digital Content that have been purchased by the Consumer or PNPK may be made subject to the following requirements:

a)       changes in Digital Content  may be made only for justified reasons, in particular such as removing defects, adapting the Digital Content to the needs of Buyers, adapting  the Digital Content to legal changes or decisions of courts and authorities;

b)      changes in the Digital Content may not involve costs for the Consumer or PNPK;

c)       The Seller shall inform the Consumer or PNPK in a clear and understandable manner about the change;

d)      if a change in the Digital Content significantly and negatively affects the Buyer's access  to or use of the Digital Content, the Seller is obliged to inform the Consumer or PNPK in advance, not shorter than 7 days, on a durable medium, about the properties and date of the change, as well as the rights related to these changes;  

e)      if the change in the  Digital Content significantly and negatively affects the Buyer's access  to or use of the Digital Content, the Consumer or PNPK may terminate the Agreement without notice within 30 days from the date of making the change to  the Digital Content or informing about changes in  the Digital Content  if the notification is later than that change. The Buyer is not entitled to this right if the Seller provides the Consumer or PNPK, at no additional cost, with the  rightto keep  the Digital Content in conformity with the Agreement unchanged.

13.   If the Buyer violates the rules regarding the use of Digital  Content, the Seller may block the Buyer's access to  the Digital Content.  The buyer will receive a message justifying the reasons for the block. The buyer may appeal the block within 14 days of receiving the message. The seller considers appeals within 14 days. Blocking access to Digital Content does not constitute a breach of the Agreement by the Seller and may not be the basis for the Buyer's claims for breach of the Contract.

14.   Digital Content may or may not be accompanied by additional benefits, e.g. access to a support group related to the purchased Digital Content, an online meeting with the Seller or others, participation in additional webinars, etc. All such services are incidental to the main obligation of the Seller, which is to provide Digital Content in accordance with the Agreement and are carried out in accordance with the information available on the Website contained in the description of the purchased Digital Content. The seller may provide additional rules for the use of additional benefits aimed at ensuring comfort and a sense of security among all persons who have access to certain benefits, e.g. rules for participation in a support group. Failure to comply with such rules may result in depriving the Buyer of the possibility of using additional services, which, however, does not affect the Seller's performance of its main obligation in the form of delivery of Digital Content, does not constitute a breach of the Agreement by the Seller and cannot be the basis for the Buyer's claims for breach of the Agreement.

¤ 9. Execution of the order for Basic Services

1.       The implementation of the Basic Services consists in the fulfillment by the Seller of specific benefits constituting the subject of the Basic Service, as described on the Website.

2.       If the implementation of the Basic Service requires the active participation of the Seller, the Parties are obliged to agree on the details related to the performance of these Services, in particular the manner of implementation of the Basic Service, the time and place of the Basic Service, etc. The condition for starting the provision of Basic Services is to reach an agreement between the Parties in this respect.

3.       If the commencement of the Basic Services requires prior obtaining from the Buyer certain data, information or other materials, the Buyer is obliged to provide them to the Seller no later than 3 days before the date of performance of the Basic Service, in a manner agreed with the Seller. In the event that the Buyer violates this obligation, despite the request from the Seller, the Seller is entitled to refuse to perform the Basic Service and such refusal does not constitute non-performance or improper performance of the Agreement by the Seller.

4.       If the Seller is unable to perform the Basic Service within the time previously agreed with the Buyer, it is obliged to inform the Buyer about it and propose a new date for the implementation of the Basic Service. The Buyer may, within 3 days at the latest  , either accept the new deadline or withdraw from the concluded Agreement and obtain a refund of the Price for the unrealized Basic Service.

5.       If the Buyer is unable to use the Basic Service within the period previously agreed with the Seller, he is obliged to inform the Seller about it. The Seller may propose a new date for the performance of the Basic Service (if possible) or refuse to perform the Basic Service at another time (due to the inability to perform the Basic Service at another time).

6.       If the person using the Basic Service is to be a person other than the Buyer (e.g. an employee or associate of the Buyer), the Buyer is obliged to send the data of this person to the Seller no later than 3 days before the date of provision of the Basic Service. The change of the authorized person is possible no later than 3 days before the date of provision of the Basic Service.

7.       Basic Services should be provided within 90 days from the date of conclusion of the Agreement at the latest. If the Seller was ready to provide the Basic Services, but the Buyer did not use the Basic Services for reasons attributable to him (e.g. did not appear on the agreed date), the Seller is not obliged to refund the Price paid, taking into account the relevant consumer regulations in relation to Consumers or PNPK.

8.       The Seller is obliged to perform the Basic Service with due diligence.

¤ 10.  Withdrawal from theConsumer's speech or PNPK without giving a reason

1.       The Consumer or PNPK has the right to withdraw from the Agreement, which was concluded via the Website, without giving a reason within the deadline:

a)       14 days from the date of taking possession of the Goods by the Consumer or PNPK, or a third party indicated by the Consumer or PNPK, other than the carrier. If the Agreement covers many Goods, which are delivered separately, in batches or in parts, the deadline for withdrawal from the Agreement is counted from taking possession of the last Goods, their lots or parts;

b)      14 days from the date of conclusion of the Agreement - in the case of Contracts other than the contract for the sale of Goods.

2.       The right to withdraw from the Agreement does not apply to the Agreement:

a)       for the provision of Services for which the Buyer is obliged to pay the Price, if the Seller has fully performed the Service with the express and prior consent of the Buyer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement, and has taken note of it;

b)      in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's or PNPK's specifications or serving to satisfy his individual needs;

c)       in which the subject of the service is the Goods subject to rapid deterioration or having a short shelf life;

d)      in which the subject of the service is the Goods delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

e)      in which the subject of the service are Goods which, after delivery, due to their nature, are inseparably connected with other things;

f)            in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery,

g)       for the delivery of Digital Content not delivered on a tangible medium, for which the Consumer or PNPK is obliged to pay the Price, if  the Seller began the service with the express and prior consent of the Buyer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the Agreement, and took note of it, and the Seller provided the Buyer with the confirmation referred to in Article 21 paragraph 2 of the Rights Act  Consumer.

3.       In order to deviate from the U speech, the Consumer or PNPK must inform the Seller of his decision to withdraw from  the Uspeech by means of an unequivocal statement - for example,  by a letter sent by post or e-mail.  

4.       The consumer or PNPK may use the model withdrawal form available at https://shop.onfly.pl/withdrawal-form.pdf, but this is not mandatory.

5.       In order to meet the deadline for withdrawal from the Umowa, it is sufficient for the Consumer  or PNPK to  send information regarding the exercise  of the Consumer's  or PNPK's right to withdraw from  the Umowa before the expiry of the withdrawal period.

6.       The Consumer or PNPK is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect immediately, but not later than 14 days from the date on which he withdrew from the Agreement, unless the Seller offered to collect the Goods himself. To meet the deadline, it is sufficient to send back the Goods before its expiry.

7.       The Consumer or PNPK bears the direct costs of returning the Goods.

8.       In the event of withdrawal from the Agreement, the Seller returns to the Consumer or PNPK all payments received from the Consumer or PNPK, including the costs of delivery of the Goods (with the exception of additional costs resulting from the delivery method chosen by the Consumer or PNPK other than the cheapest usual delivery method offered when placing the order), immediately, and in any case no later than 14 days from the day,  in which the Seller was informed about the decision to exercise the right to withdraw from the Agreement.

9.       The refund is made using the same payment methods that were used in the original transaction, unless the Consumer or PNPK has expressly agreed to a different solution. In any case, the Consumer or PNPK does not incur any fees in connection with this refund.

10.   If the Seller has not offered to collect the Goods from the Consumer or PNPK himself, he may withhold the refund of payments received from  the Consumer or  PNPK until  the Consumer or PNPK provides  proof of its return, whichever occurs first.

11.   The Consumer or PNPK shall be liable for any decrease in the value of the Goods as a result of using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. The Seller has the right to set off its claim against the Buyer in this respect in accordance with art. 498 of the Civil Code et seq.

¤ 11. Warranty for defects and liability for compliance of the Goods with the Agreement

1.       The warranty for defects in the Goods, referred to in the provisions of the Civil Code, is excluded in the case of Contracts for the sale of Goods that are concluded by Buyers other than the Consumer or PNPK.

2.       Contracts for the sale of Goods that are concluded by the Consumer or PNPK shall be governed by the provisions on liability for compliance of the Goods with the Agreement, which are included in the Act on Consumer Rights, taking into account the provisions of the Regulations.  If the Electronic Services provided by the Seller are also Digital Services, the Seller is responsible for the compliance of the Digital Services with the Agreement on the terms provided for in Chapter 5b of the Act on consumer rights.

3.       The Seller is liable to the Consumer and PNPK for the compliance of the Goods with the Agreement. The compliance of the Goods with the Agreement is assessed in accordance with the provisions of the Consumer Rights Act.

4.       The Seller shall be liable for any lack of conformity of the Goods with the Agreement existing at the time of delivery and revealed within two years from that moment, unless:

a)       the expiry date of the Goods for use, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer;

b)      The Agreement concerns Outlet Goods, where the Buyer has expressly agreed to the purchase of Outlet Goods.

5.       In the case of TzEC, the Seller is liable for the lack of conformity with the Agreement of Digital Content or Digital Services supplied on a continuous basis, which occurred or became apparent at the time when they were to be delivered according to the Agreement, but not less than two years from the time of delivery of the TzEC.

¤ 12. Replacement or repair of Goods not in conformity with the Agreement

1.       If the Goods are not in conformity with the Agreement, the Consumer or PNPK may request its repair or replacement.

2.       The seller may:

a)       make a replacement when the Consumer or PNPK requests repair, or

b)      repair when the Consumer or PNPK requests replacement,

if bringing the Goods into conformity with the Agreement in the manner chosen by the Consumer or PNPK is impossible or would require excessive costs for the Seller.

3.       If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to replace or repair in order to bring the Goods into conformity with the Agreement.

4.       The Consumer or PNPK makes the Goods subject to repair or replacement available to the Seller, and the Seller collects them at his own expense. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.

5.       The Seller shall repair or replace it within a reasonable time, not longer than 21 days, from the moment the Seller was informed by the Consumer or PNPK about the lack of conformity of the Goods with the Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account the specificity of the Goods and the purpose for which the Consumer or PNPK purchased them.

¤ 13. Price reduction or withdrawal from the Agreement in the case of Goods not in accordance with the Agreement

1.       If the Goods are not in conformity with the Agreement, the Consumer or PNPK may submit a statement on price reduction or withdrawal from the Agreement when:

a)       The Seller refused to repair or replace the Goods in accordance with ¤ 11 section 3;

b)      the Seller has not brought the Goods into conformity with the Agreement;

c)       the lack of conformity of the Goods with the Agreement persists despite the fact that the Seller has tried to bring the Goods into conformity with the Agreement;

d)      the lack of conformity of the Goods with the Agreement is so significant that it justifies a reduction in the Price or withdrawal from the Agreement without prior use of the measures referred to in ¤ 11 section 1;

e)      it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the Agreement within a reasonable time or without undue inconvenience to the Consumer or PNPK.

2.       The Reduced Price must be in such proportion to the Price resulting from the Agreement in which the value of the Goods not in conformity with the Agreement remains to the value of the Goods in accordance with the Agreement.

3.       The Seller shall return to the Consumer or PNPK the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement on the price reduction.

4.       The Consumer or PNPK may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is irrelevant. It is presumed that the lack of conformity of the Goods with the Agreement is material.

5.       If the lack of conformity with the Agreement concerns only some of the Goods delivered under the Contract, the Consumer or PNPK may withdraw from the Agreement only in respect of those Goods, as well as in respect of other Goods purchased by the Consumer or PNPK together with the Goods not in conformity with the Contract, if the Consumer or PNPK cannot reasonably be expected to agree to keep only the Goods in conformity with the Contract.

6.       In the event of withdrawal from the Agreement, the Consumer or PNPK shall immediately return the Goods to the Seller at his expense. The Seller shall return the Price to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.

7.       The Seller shall refund the Price using the same method of payment as used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund, which does not involve any costs for him.

¤ 14.  Liability for  the compliance  of Digital Content with the Agreement

1.       The warranty for defects in Digital Content, referred  to in the provisions of the Civil Code, is excluded in the case of Um—w that are concluded by Buyers other than the Consumer or PNPK.

2.       Um—w that are  concluded by the  Consumer or PNPK shall be governed by the provisions on liability for  compliance of Digital Content with Umowa, which are contained in the Consumer Rights Act, taking into account the provisions of  the Regulations.

3.       The Seller is liable to the Consumer and PNPK for the compliance  of the Digital Content with the U.S. The conformity of Digital Content  with speech is assessed in accordance with the provisions of the Consumer Rights Act.

4.       For Digital Content:

a)       delivered once or in parts - the Seller is responsible for any lack of conformity of the Digital Content with the Agreement that existed at the time of delivery and became apparent within two years of that time;

b)      supplied on a continuous basis - The Seller is responsible for any lack of conformity of the Digital Content with the Agreement  that occurred or became apparent at the time it was to be delivered under the Agreement.

5.       Where the Seller delivers Digital  Content continuously, the Digital Content shall be compliant for the time of delivery in accordance with the Agreement.

¤ 15. Bringing  the Digital Content  into conformity with the Agreement

1.       If the Digital Content is  not in conformity with the Agreement, the Consumer or PNPK may request  that the Digital Content be brought into  conformity.

2.       If bringing  the Digital Content into conformity with the Agreement  is impossible or would require excessive costs for  the Seller, the Seller may refuse to bring the Digital Content into conformity with the Agreement.  

3.       The Seller brings  the Digital Content into conformity with the Agreement within a reasonable time, not longer than 21 days, from the moment the Seller was informed by  the Consumer or PNPK about the lack of conformity of the Digital Content  with the Contract, and  without undue inconvenience to the Consumer or PNPK, taking into account its nature and the purpose for which  it is usede.

4.       The costs of bringing the Digital Content into conformity with the Agreement shall be borne by the Seller.

¤ 16. Price reduction or withdrawal from  the Agreement in the event of non-compliance  of the Content of the  Figures with the Agreement

1.       If the Digital Content  is inconsistent with the Agreement  , the Consumer or PNPK may submit a statement on price reduction or withdrawal from the Agreement when:

a)       The Seller refused to bring  the Digital Content into conformity with the Agreement in accordance with ¤ 10 clause.  2;

b)      the Seller has failed to bring the Digital Content into conformity with the Agreement;

c)       the lack of conformity of the Digital Content with the Agreement persists even though the Seller has attempted to bring  the Digital Content into conformity with the Agreement;  

d)      the lack of conformity of the Digital Content  with the Agreement is so significant that it justifies a reduction of the Price or withdrawal from the Agreement without prior use of the measures referred to in ¤ 1 0 section 1;

e)      it is clear from the Seller's statement or circumstances that the Seller will not bring the Digital Content into conformity within a reasonable time or without undue inconvenience to the Consumer or PNPK.

2.       The Reduced Price must be in such proportion to the Contract Price as the value of the Digital Content not in conformity with the Agreement  remains in relation to the value  of the Digital Content  in conformity with the Agreement.  If  the Digital Content is supplied in parts or continuously, the price reduction must take into account the period during which  the Digital Content was not in conformity with the contract.

3.       The Seller is obliged to return the Price due to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement on the price reduction.

4.       The Consumer or PNPK may not withdraw from the Agreement if the Digital Content is  supplied in exchange for  payment of the Price and  the lack of conformity  of the Digital Content with the Agreement is irrelevant. The lack of conformity  of the Digital Content with the Agreement is presumed to be material.

¤ 17. Settlement with the Consumer or PNPK in the event of withdrawal from the Agreement

1.       In a situation where the Buyer who is a Consumer or PNPK withdraws from the Agreement:

a)       as part of the rights resulting from the consumer warranty for non-compliance of Digital Content with the Agreement;

b)      in the event of failure to deliver the Digital Content by the Seller, despite the request from the Buyer,

the provisions of this paragraph shall apply to settlements between the Parties.

2.       If the Seller has delivered the Digital Content on a tangible medium, the Seller may request the return of this medium no later than within 14 days from the date of receipt of the statement of withdrawal, and the Consumer or PNPK is obliged to return the medium immediately, no later than within 21 days, at the Seller's expense.

3.       The Seller is obliged to return the Price only in the part corresponding to the Digital  Content inconsistent with the Agreement or Digital Content, in respect of which the obligation to provide it has fallen   away as a result of withdrawal from the Agreement. At the same time, the Seller is not entitled to demand payment for the time during which  the Digital Content was not in conformity with the Agreement, even if the Consumer or PNPK actually used it before withdrawing from the Agreement  .

4.       The Seller is obliged to return the Price due to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Consumer's or PNPK's statement of withdrawal from the Agreement.

5.       The Seller shall refund the due Price using the same method of payment as used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of refund, which does not involve any costs for him.

¤ 18. Return of User Content

1.       After withdrawal from the Agreement, the Seller may not use User Content, with the exception of User Content that:

a)        is only useful in connection with Digital Content;

b)      relate only to the activity of the Consumer or PNPK when using Digital Content;

c)       have been combined by the Seller with other data and cannot be disconnected without undue difficulty;

d)      have been produced jointly with other Consumers or PNPK, who can still use them.

2.       At the request of the Consumer or PNPK, the Seller shall make available to such Buyer, at its own expense, within a reasonable time and in a commonly used machine-readable format, the User Content that has been created or supplied in the course of using  the Digital Content. This obligation does not apply to the return of User Content referred to in paragraph 1 points a) - c).

¤ 19.  Personal data and cookies

1.       The administrator of the Buyer's personal data is the Seller.

2.       The website uses cookie technology.

3.       Details related to personal data and cookies are described in the privacy policy available at https://shop.onfly.pl/privacy.

¤ 20.  Intellectual property rights

1.       The Seller instructs the Buyer that all content available  on the Website, Digital Content and  elements of Digital Content (e.g. graphic designs) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which the Seller or other authorized entities are entitled to copyrights, as well as databases protected under the provisions on the protection of databases.

2.       The Seller instructs the Buyer that the exploitation of  copyrighted content  or the use of databases by the Buyer without the consent of the Seller or  other authorized entity, except for use under fair use, constitutes an infringement of intellectual property rights  and may result in civil or criminal liability.

3.       The Seller may conclude a separate license agreement with the Buyer related to the Buyer's use of content or databases belonging to the Seller (e.g. through the use of product photographs, use of descriptions of Digital Content, etc.). In order to conclude such an agreement, the Buyer should address the Seller with a proposal to conclude a license agreement, informing the Seller in particular about the purposes for which it intends to use the content or databases belonging to the Seller, and about the assumed time of use.  Upon receipt of such a proposal, the Seller will present an offer in accordance with its own license policy.

¤ 21. Reviews

1.       The Seller may provide Buyers with the possibility of posting opinions about the Website, the Seller or the Goods - as part of the Website or external services belonging to third parties. In this case, the provisions of this paragraph shall apply to the posting of opinions.

2.       Posting an opinion is possible after using the Website, in particular after the conclusion of the Agreement, however, posting an opinion is possible at any time.

3.       The buyer should formulate opinions in a reliable, honest and substantive manner, as linguistically correct as possible and without the use of profanity and other words commonly considered offensive.

4.       It is forbidden to post opinions:

a)       without prior use of the Service;

b)      about Digital Content that the Buyer has not used or purchased,

c)       fulfilling the criteria of an act of unfair competition within the meaning of Article 3 of the Act of 16 April 1993 on combating unfair competition;

d)      infringing the personal rights of the Seller or a third party;

e)      by paid users, in particular to artificially increase the rating of Digital Content.

5.       The Seller may at any time verify whether the opinions posted are in accordance with the Regulations, and in particular whether they come from Buyers who actually used the Digital Content or purchased Digital Content. In addition, in case of any doubts of the Buyer regarding the posted opinions, the Buyer may submit the opinion to the Seller for verification. After receiving the notification from the Buyer, the Seller will take action, appropriate to the possibilities available, which will be aimed at verifying the opinion posted.

6.       If an opinion is posted that does not meet the requirements provided for in the Regulations, the Seller may refuse to publish the opinion or remove it.

¤ 22.  Out-of-court complaint and redress procedures

1.       The consumer has the opportunity to use out-of-court complaint and redress methods. Among other things,  the consumer has the possibility to:

a)       apply to a permanent consumer arbitration court with a request to settle a dispute arising from the concluded Agreement,

b)      request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Buyer and the Seller,

c)       use the assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

2.       More detailed information on out-of-court complaint and redress methods can be found on the website http://polubowne.uokik.gov.pl.

3.       The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.

¤ 23. Complaints and calls

1.       Each Buyer has the right to lodge a complaint in matters related to the functioning of the Website or the performance of the Agreement. In order to facilitate the Consumer or PNPK in exercising rights related to the Seller's liability for compliance  of the Goods  or Digital Content with the Agreement and liability for improper performance of the Basic Service, the Seller has prepared a model complaint form that the Consumer or PNPK may use. The template is available at https://shop.onfly.pl/complaint-form.pdf.

2.       Complaints should be reported to the Seller at the following address: SoftArchitect Sp. z o.o., Niedźwiedzia 29b, 02-737 Warsaw, [email protected].

3.       Buyers' complaints will be considered on an ongoing basis, but not later than within 14 days from the date of receipt by the Seller of the complaint.

4.       A response to the complaint will be sent to the Buyer at the contact provided by the Buyer when submitting the complaint.

5.       If the Seller has not delivered the Digital Content in accordance with the Agreement, the Buyer may file a complaint in which it will call on the Seller to deliver the Digital Content. If, despite this request, the Seller does not deliver  the Digital Content immediately or within an additional period agreed between the Parties, the Buyer may withdraw from the Agreement. The Buyer may withdraw from the Agreement without requesting the Seller to deliver Digital Content when:

a)       it is clear from the Seller's statement or circumstances that the Seller will not deliver the Digital Content;

b)      The parties have agreed or the circumstances of the conclusion of the Agreement clearly show that the specified date of delivery of the Digital Content was significant for the Buyer, and the Seller did not deliver them within this period.

¤ 24.  Final provisions

1.       The Seller reserves the right to enter and cancel offers, promotions and to change Cen on  the Website without prejudice to the rights acquired by the Buyer, including in particular the terms and conditions concluded before the change.

2.       The Seller reserves the right to make changes to the Regulations for important reasons such as changes in the law, technological changes, business changes.

3.       The Regulations in force at the time of conclusion of the Agreement shall apply to Contracts for the sale of Goods.

4.       The Regulations in force at the time of conclusion of the Agreement shall apply to the Agreements for the provision of Basic Services.

5.       Contracts for Digital Content delivered on a one-off basis shall be governed by the Terms and Conditions in force at the time of conclusion of the Agreement.

6.       In the case of Contracts for Digital Content that are delivered through the user's account (e.g. on-line course with one-year access), the Buyer will receive information about the change in the Regulations to the e-mail address assigned to the user account. The Buyer may terminate the Agreement within 30 days of informing him about the change, if the amendment to the Regulations significantly and negatively affects the Buyer's access to or use of Digital Content.

7.       In the case of Agreements regarding Electronic Services, the Buyer will receive information about the amendment of the Regulations to the e-mail address related to the given Electronic Service. If the Buyer does not accept the amendment to the Regulations, he may terminate the Agreement with immediate effect, e.g. by deleting the account on the Website or resigning from receiving the newsletter.

8.       Any disputes related to the U speeches concluded via  the Website will be considered by the Polish common court competent for the place of permanent business activity by the Seller. This provision does not apply to Consumers and PNPK, in the case of which the jurisdiction of the court  is determined on general principles.

9.       These Regulations are valid from 12.04.2023.

10.   All archival versions of the Regulations are available for download in .pdf format - links can be found below the Regulations.

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