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Terms and Conditions for an Online Store (hereinafter referred to as ‘T&C’)

§1
Introductory provisions

  1. The TRIPPIN BEARS Online Store—available at www.meatrpg.com—is run by TRIPPIN BEARS Sp. z o.o. entered into the National Court Register, KRS: 0000832701, NIP: 7831814097, REGON: 385748786.
  2. These T&C are addressed in particular to Consumers and define the rules and the procedure for concluding a Distance Contract with the Consumer via the Online Store, referred to in art. 8 of the Act on Electronic Services.
  3. These T&C also constitute a contractual model which shapes the content of the legal relationship between the Seller and the Customer.

§2
Definitions

  1. Consumer: a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to his business or professional activity, within the meaning of art. 221 of the Civil Code.
  2. Seller / Store Owner: TRIPPIN BEARS Sp. z o.o. entered into the National Court Register, KRS: 0000832701, NIP: 7831814097, REGON: 385748786.
  3. Customer: a natural person, a legal person and an organizational unit which is not a legal person, to whom a separate law confers legal capacity, carrying out on their own behalf a business activity that uses the Store.
  4. Store: an online store run by the Seller at the internet address www.meatrpg.com, through which the Customer may place an Order.
  5. Distance Contract: an agreement concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, within the meaning of art. 535 of the Civil Code in the case of Customers who are not Consumers within the meaning of art. 221 of the Civil Code.
  6. Regulations: these Store regulations along with ‘Privacy Policy.’
  7. Order: the Customer’s declaration of intent made using the Order Form and directly aimed at concluding a Product Sales Agreement or Products with the Seller, specifying Products (type and quantity), Delivery (type), Payment (type), the Place of Delivery for Goods, the Consumer’s data, which directly aims at concluding the Agreement between the Consumer and the Seller.
  8. Account: the Customer’s account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
  9. Registration Form: a form available in the Store, enabling the creation of an Account.
  10. Order Form: an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  11. Commercial Information: commercial information within the meaning of art. 2, point 2) of the Act on Electronic Services, particularly advertisements, commercial offers, news, promotional activities, and other events regarding the Store.
  12. Basket: an element of the Store’s software, in which the Products selected for purchase by the Customer are visible.
  13. Product: material or digital content in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
  14. Digital Content: data produced and delivered in digital form, not stored on a tangible medium, sold (or made available) in the Store.
  15. Sales Agreement: a Product Sales Agreement concluded between the Customer and the Seller via the Online Store.
  16. Website: the Seller’s website at www.meatrpg.com.
  17. User: every person using the Website.

§3
Contact with the Store

  1. Seller address: Wierzbięcice 53/3, 61-547 Poznań.
  2. Seller e-mail address: [email protected]
  3. The Customer may communicate with the Seller using the addresses provided in this paragraph.

§4
General provisions

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of §6 of the T&C or by providing the necessary personal and address data enabling the Order to be carried out without creating an Account.
  3. Information about the Products provided on the Store’s websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude the Agreement within the meaning of art. 71 of the Civil Code.
  4. These T&C define in particular: the principles of placing Orders in the Store, concluding and terminating Product Sales Agreements, and the complaint procedure.
  5. To use the Store, it is required to read and accept these T&C. By accepting the T&C, the Consumer approves such and commits to adhere to these.
  6. The Seller provides the Customer with the T&C, free of charge, before he uses the Online Store. The Customer may record the content of these T&C by printing it, saving it on a data carrier, or downloading it from the Website at any time.

§5
Technical requirements

Using the Online Store is possible provided that the User has:

  1. a device enabling access to the Internet, equipped with an efficient operating system, e.g. iOS, Linux, or Windows,
  2. the latest version of a web browser that provides access to internet resources, e.g. Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, or another compatible,
  3. an active e-mail account.

§6
Creating an Account in the Store

  1. To set up an Account in the Store, please complete the Registration Form.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and the password set in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the address provided in § 3.

§7
Order placement rules

  1. The Registration is not required to place Orders in the Online Store.
  2. To place an Order in the Online Store, enter the Website www.meatrpg.com, select the Product being the subject of the Order, and follow the instructions.
  3. The Customer places an Order for chosen Products by adding them to the Cart.
  4. To place an Order in the Online Store, it is necessary for the Customer to provide the following data: name and surname / company name and NIP, address (street, house number / flat number, zip code, city, country, parcel locker number [optional]), e-mail address and contact telephone number required by certain carriers.
  5. When placing an Order, the Customer is obliged to specify whether he is making a purchase as a private person or as an entrepreneur. The Customer is also obliged to provide the following data: delivery address, payment method, and delivery method.
  6. When placing an Order, before the Customer clicks the ‘Order with an obligation to pay’ button, he can modify his personal data, the data concerning Products (their type and quantity), delivery address, payment method, and delivery method.
  7. After the Customer has entered all the necessary data to place an Order, a summary of the Order placed shall be displayed. The summary of the Order shall include the subject of the Order, per-unit and total price of the Products ordered, delivery costs, chosen delivery method, delivery address, and the Customer’s personal data.
  8. Sending the Order by the Customer in accordance with the information indicated in the Order Form requires accepting these T&C by clicking ‘I’ve read and accept the terms and conditions’ and then ‘Buy now’ buttons.
  9. Sending the Order by the Customer is a declaration of will to conclude the Sales Agreement with the Seller, in accordance with the T&C specified herein.
  10. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.
  11. The Sales Agreement is treated as concluded the moment the Customer receives an e-mail referred to in paragraph 10 above.
  12. The Sales Agreement is concluded in Polish in accordance with these T&C.

§8
Product prices and payment methods

  1. The prices in the Store are given in Polish Zlotys and are gross prices (including VAT).
  2. The Seller reserves the right to change the prices of Products available in the Store, introduce new Products, or make and withdraw special offers on the Store’s websites. Any changes do not apply to Orders that were placed before the date of the change.
  3. The final amount to be paid by the Customer for the ordered Product or Products includes the price for the given Product or Products and the shipping cost (including fees for transport, delivery, and postal services), about which the Customer is informed on the Store’s Webpage when placing Orders, including when expressing the will to be bound by the Sales Agreement.
  4. The Customer can use the following payment methods:
    a) payment by bank transfer to the Seller’s account (with order number as reference): the Seller will only release the Order for shipment upon receipt of payment from the Customer,
    b) electronic payments via PayU or PayPal (with order number as reference): the Seller will only release the Order for shipment upon receipt of payment from the Customer,
  5. The Customer is obliged to make the payment within 7 days from the date of the Sales Agreements. After that time, the Order is cancelled.
  6. The Seller sends an invoice for every Order in an electronic form, to the e-mail address provided by the Customer.

§9
Delivery methods and prices

  1. The delivery of Products is carried out exclusively within the territory of Poland. The Customer may use the following methods of delivery: a courier parcel or a parcel locker, subject to § 9 point 2.
  2. Digital Content is delivered by sending an activation code for dedicated gaming platforms to the e-mail address provided.
  3. In the case of PRE-ORDER content, the dates of dispatch will be announced on the Website.

§10
Complaint and warranty

  1. All Products available in the Store are brand new. Products are not covered by the manufacturer’s warranty, except where explicitly mentioned.
  2. The Seller is liable for material and manufacturing defects of Products, in accordance with the provisions of the Act of 23 April 1964 on the Civil Code and the Act of 30 May 2014 of Consumer Rights. In particular, the Seller is liable for any material or manufacturing defects existing at the time of delivery, consisting in non-compliance of the Product with the Sales Agreement.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code. The provisions regarding warranty apply only to Customers who are Consumers.
  4. Complaints shall be submitted in writing or electronically—via e-mail or the electronic complaint form provided on the Webpage to the addresses provided in § 3 of these T&C.
  5. When submitting a complaint, the Customer shall provide his name and surname, e-mail address, order number, the reason for complaint, and his request in connection with the defect of the goods.
  6. The Seller shall respond to the complaint immediately, no later than within 14 days from the date the defect was reported.

§11
Complaints regarding the Website

  1. The Seller undertakes to ensure that the Online Store is fully operational and to remove any irregularities reported by Users within a reasonable timeframe.
  2. The User may submit complaints regarding the functioning of the Website to the address provided in § 3.
  3. In the e-mail referred to in paragraph 2 above, the User shall provide his name and surname, address, e-mail address, as well as the type and date of irregularities related to the functioning of the Online Store.
  4. The Seller shall respond to the complaint immediately, no later than within 14 days from the date the defect was reported.

§12
The right to withdraw from the Sales Agreement

  1. Customers who are Consumers may withdraw from the Sales Agreement within 14 days from the day of receipt of the Product without giving any reason, by sending an appropriate declaration to the Seller’s registered address provided in § 3 sec. 1 or to the Seller’s e-mail address provided in § 3 sec. 2 of these T&C. The Consumer may also use the withdrawal form available on the Website.
  2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
  3. In the case of the Agreement which includes many Products that are delivered separately, in batches or parts, the period specified in paragraph 1 begins with the delivery of the last item, lot, or part.
  4. The right of withdrawal does not apply:
    a) for rendering services if the Seller has performed the service in full, with express consent on the part of the Consumer who had been informed—before the service was commenced—that he shall lose the right to withdraw from the Sales Agreement upon completion of the service,
    b) when the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement;
    c) when the object of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs,
    d) when the object of the service is an item that breaks down quickly or has a short shelf life,
    e) when the object of the service is an item delivered in a sealed package which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery,
    f) when the object of the service are items which after delivery, due to their nature, remain inseparably connected with other items,
    g) when the object of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, which may be delivered only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control,
    h) when the Consumer expressly requested the Seller to visit him to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from the Agreement as regards the additional services or goods;
    i) when the object of the service are sound or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery
    j) for delivering newspapers, periodicals or magazines, except for subscription agreements,
    k) when the Agreement was concluded in a public auction
    l) for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports, or cultural events if the Agreement indicates the day or period when the service is to be rendered;
    m) for delivery of Digital Content that is not stored on a tangible medium if the fulfilment of the service started with the Consumer’s explicit consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the contract;
  5. In the case of withdrawal from the Sales Agreement, such an Agreement shall be deemed not concluded, and the parties shall be obliged to return what they have provided to each other on its basis.
  6. Products shall be returned in an unchanged state unless the change was necessary within the limits of ordinary management. The return shall take place immediately, no later than within 14 days from the day of withdrawal from the Agreement. The purchased goods shall be returned to the address of the Seller provided in § 3.
  7. The Seller shall immediately, but no later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item, or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
  8. The Seller shall refund the payment with the same method of payment as was used by the Consumer.
  9. If the form of delivery of the goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
  10. The cost of returning the goods to the Seller and its packaging is covered by the Customer.

§13
Other regulations

When using the Store, the Customer is obliged in particular:
a) not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory, or violates personal rights and other rights of third parties,
b) to use the Online Store in a manner that is consistent with its purpose, does not interfere with its operations, and is not burdensome for other Customers,
c) not use the Store to send or post unsolicited Commercial Information (spam) within,
d) use the content of the Website exclusively for personal purposes,
e) use the Store in a manner consistent with the Terms and Conditions, applicable laws, and general rules of Internet use.

§14
Other regulations, p. 2

  1. The Administrator of personal data of Customers collected through the Store is the Seller.
  2. The Seller as the Administrator of personal data undertakes to take all necessary technical and organizational measures, appropriate to the degree of risk, to ensure the security of all data and content transmitted by the Customer in connection with the use of the Store.
  3. The Seller undertakes to protect personal data in accordance with the Act of 10 May 2018 on the protection of personal data and the 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 the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
  4. Customers’ personal data collected by the Administrator via the Online Store is collected in order to implement the Sales Agreement, and—if the Customer agrees—also for marketing purposes.
  5. The recipients of personal data of the Customers are:
    a) in the case of a Customer who selected the method of delivery by courier or parcel locker, the Administrator provides the collected personal data of the Customer to a selected carrier or intermediary performing the shipment at the request of the Administrator,
    b) in the case of a Customer who selected the method of electronic payments or with a credit card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Store.
  6. The Customer has the ability to view, correct, update, limit, transfer, and delete his personal data at any time.
  7. Providing personal information is voluntary but obligatory in order to conclude the Sales Agreement.
  8. The detailed regulations concerning the processing of Customers’ personal data are contained in the Privacy Policy, which can be found on the Website.

§15
Final provisions

  1. The photos and all other materials (including texts, recordings, graphics, logotypes) placed on the Website are the property of the Seller or have been used by him with the consent of their owners. Using them for commercial purposes without the Owner’s consent is illegal and prohibited under the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006, No. 90, item 631).
  2. Any disputes between the Seller and the Customer who is not the Consumer within the meaning of art. 221 of the Civil Code shall be settled by conciliation or in the presence of an independent and impartial mediator. If not possible, disputes shall be settled by a competent court of jurisdiction, in accordance with the relevant provisions of the Civil Code.
  3. Any disputes between the Seller and the Customer who is not the Consumer within the meaning of art. 221 of the Civil Code shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
  4. The Seller reserves the right to amend the T&C for important reasons, that is changes in the law, changes in payment and delivery methods, changes in offer.
  5. In the event of a breach of the T&C, the Seller may deprive the Customer of the right to use the Online Store, including the right to place Orders.
  6. In matters not covered by these T&C, generally applicable provisions of Polish law shall apply.
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