statute
GENERAL PROVISIONS

1. The cryptocardgame.eu online store, hereinafter referred to as the Store, is run by PHU Czyżyk-Sierp ul. Kościuszki 9, 09-200 Sierpc, NIP 5110111861.
2. The Buyer may contact the Seller under the paragraph 1 at the Seller’s address, at the e-mail address: sklep@cryptocardgame.eu or, in the cases specified in the Regulations, at the e-mail address: sklep@cryptocardgame.eu as well as at the following e-mail address (from Monday to Friday) from 9.00 a.m. to 5.00 p.m. from the phone: 24 2751295 (charged as for a regular telephone call, in accordance with the tariff package of the service provider used by the Buyer).
3. The information contained on the cryptocardgame.eu website does not constitute an offer, but an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
   USING THE STORE
4. The Buyer may use the Store by registering and thus creating an account on which data and information about the Buyer are collected regarding his activities in the Store (hereinafter: Account), in accordance with the provisions of paragraph 18 of the Regulations or not to create an Account and place orders referred to in sec. 5, as well as use other functionalities of the Store, indicated in paragraph. 17, also available to unregistered Buyers, each time providing the data necessary for their implementation.
5. In order to make a purchase in the Store, the Buyer, on the basis of the information about the goods in the Store, selects the goods he is interested in purchasing and places an order for the goods, indicating the place of delivery and payment method. The buyer who is a natural person concluding a contract directly related to its business activity informs the seller when placing an order in the Store whether the contract is of a professional nature for him. The buyer can place an order:

a) directly in the Store – after logging in to the Account or without the need to register the Account – by remotely filling in the appropriate electronic form, taking further technical steps, based on the messages or information displayed to the Buyer. Successful placing of an order by the Buyer in this mode requires his acceptance of these Regulations by checking the appropriate box in the electronic form being filled out. The Buyer, upon placing the order concluding the procedure referred to in sentence 1, submits an offer to the Seller within the meaning of Art. 66 § 1 of the Civil Code, thus expressing the will to conclude a contract of sale of the goods indicated by him under the conditions described in the order. Such an order is binding on the Buyer and may not be canceled without the consent of the Seller after the message confirming receipt of the order by the Seller is displayed. This is without prejudice to the right of the Buyer who is a consumer and the right of the Buyer who is a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it does not have a professional character for it to withdraw from the sales contract, in accordance with applicable regulations.

b) by phone – to the Helpline number provided in sec. 2. The Buyer, upon placing an order by phone, submits an offer to the Seller within the meaning of Art. 66 § 1 of the Civil Code, thus expressing the will to conclude a contract of sale of the goods indicated by him under the conditions described in the order. Such an order is binding on the Buyer and cannot be canceled without the consent of the Seller. This is without prejudice to the right of the Buyer who is a consumer and the right of the Buyer who is a natural person concluding a contract directly related to its business activity, if the content of this contract shows that it does not have a professional character for it to withdraw from the sales contract, in accordance with applicable regulations.

6. In response to the Buyer’s order placed directly in the Store, in accordance with the procedure specified in paragraph 5 lit. and, simultaneously with the display of the message confirming receipt of the order by the Seller, an automatic e-mail with such confirmation is sent to the Buyer. The message containing the confirmation of receipt of the order by the Seller is also sent to the Buyer who placed the order by phone, in accordance with the provisions of paragraph 5 lit. b. Along with the confirmation of receipt by the Seller of the telephone order, the Buyer receives the content of the binding Regulations, a template of the declaration of withdrawal from the contract and other information required by law. Confirmation of receipt of the order by the Seller is not tantamount to acceptance of such an order. The Seller shall notify the Buyer of the acceptance of his order by sending the Buyer an e-mail with information that the order has been transferred for shipment. Along with this message, the Buyer receives the content of the Regulations binding him, a model declaration of withdrawal from the contract and other information required by law. Upon sending such information to the Buyer, an agreement is concluded between the parties the sale of the goods described in the order. If the order cannot be processed by the Seller, the Seller shall notify the Buyer by sending him an e-mail with information about the refusal to execute the order and the reason for this refusal. The notification about the acceptance or refusal to execute the order is sent to the Buyer no later than within 4 business days (from Monday to Friday) from the date of its receipt by the Seller.
7. Each order placed by the Buyer, in accordance with sec. 5 is considered by the Seller in terms of the possibility of its implementation, due to the availability of goods. In the event that the order cannot be processed by the Seller due to the unavailability of a given product, the Buyer is immediately informed by the Seller about the refusal to execute the order, pursuant to the provisions of paragraph 6 and 9 above. If the order can be processed by the Seller, however, in a period longer than indicated in paragraph 13, the Seller informs the Buyer, within the time limits specified in sec. 6 and 9 above, about the necessity to wait longer for the execution of the order, with a request for confirmation of the will to continue its implementation. In the event of the Buyer’s refusal to change the order completion date, the Seller refuses to execute the order in accordance with the provisions of 2 above.
8. A limited number of goods is intended for promotional sales and sales. Orders or reservations for such goods are processed in the order in which orders are received, until the stocks covered by this form of sale are exhausted.
9. The Seller may refuse to execute the order, in accordance with the provisions of sec. 7, in particular in the event of system errors in the Store, resulting in the display of an incorrect description of the ordered or reserved goods, including the incorrect price of the goods, failure by the Customer to pay for the ordered goods within the time limit referred to in paragraph 12, reasonable suspicion that the data provided by the customer is incorrect, or if the number of ordered or reserved items of the same article is higher than 10 pcs. In the case of a customer who is an entrepreneur, if his order meets the conditions set out in the provisions of the Act on tax on goods and services, to qualify him under the reverse VAT charge, the basis for refusing to perform such an order is also the Seller’s doubts as to the identity of the customer as well as his status, as an active VAT payer.
10. An invoice is issued for each purchase made in the Store. The invoice is issued on the day the Seller provides the Buyer with information about the transfer of the order for shipment, in accordance with paragraph 6. The invoice may be in the form of an electronic invoice, within the meaning of the provisions on tax on goods and services, unless the Buyer clearly indicates, by selecting the appropriate checkbox in the electronic form filled in or in the procedure of ordering goods by phone, that the invoice should be issued in a traditional form.
11. All prices are given in the Store in PLN and USD and include VAT. Information about the price provided in the Store next to the goods is binding on the Parties from the moment the Buyer receives information from the Seller about the transfer of the order for shipment, in accordance with the provisions of paragraph 6 above. If an incorrect price is provided on the Store’s website, the Buyer is informed about it before receiving the above-mentioned. information.
12. The Buyer is obliged to pay the price for the goods ordered in the Store, in accordance with the provisions of paragraph 5, together with delivery costs, no later than within 2 days from the date of placing the order. The Buyer, when placing an order, may choose the following payment methods (the payment methods available for a given product or order are clearly indicated during the ordering procedure by the Buyer referred to in paragraph 5):

a) payment upon receipt of the goods from the courier (cash on delivery) – payment is made in cash to the courier upon receipt of the purchased goods;

b) payment in advance by bank transfer – after placing the order, the Buyer receives an e-mail from the Seller with information about the bank account number to which he should transfer the amount due to the Seller; in this case, the order is transferred for execution after the payment is credited to the Seller’s bank account;

c) advance payment via PayPal – this form of payment may take the form of:
credit card payments – each payment transaction is in this case authorized by the online payment operator PayPal (hereinafter: PayPal); the order is transferred for execution after the payment has been confirmed;
payment by e-transfer – payment is handled by PayPal; the order is transferred for processing after confirming the payment;

13. The date of delivery of the goods purchased by the Buyer to the Buyer, counted from the effective date between the Parties to the contract psale, in accordance with the provisions of paragraph 6 is 4 business days. All shipments are delivered at the Buyer’s expense, via courier companies, to the address indicated by the Buyer, in Poland, and in the case of some goods, also to a parcel locker selected by the Buyer, located in Poland. Delivery costs and possible additional costs for each product are clearly indicated during the ordering procedure by the Buyer referred to in paragraph 5. In the case of large-size goods, these goods are delivered by the carrier to the apartment building indicated in the Buyer’s address, without the option of bringing the goods to a specific premises located in this building.
    PROVIDING ELECTRONIC SERVICES
14. The Buyer’s registration, and thus the creation of the Buyer’s Account, takes place through the Buyer’s acceptance of the appropriate electronic registration form,
    available on the Store’s website, after filling in the required fields of the form. The creation of a Buyer’s Account requires his acceptance of these Regulations by selecting the appropriate check box in the electronic form being filled out. In the process of registering the Account, the Buyer independently sets and enters the password to access the Account.
15. As soon as the Buyer accepts the electronic registration form referred to in sec. 14, an agreement is concluded between the Parties for the provision of electronic services consisting in the free management of the Buyer’s Account by the Seller and providing the Buyer with the possibility of using the functionalities available in the Account, in particular: managing the Buyer’s personal data, placing orders, viewing the status of orders placed, viewing the Buyer’s purchase history in the Store, submitting complaints regarding the purchased goods. The contract is concluded for an indefinite period. Either party may terminate such an agreement with a 14-day notice period. Termination of the contract causes the Buyer to lose access to the Account and is tantamount to the Seller’s refusal to complete all orders that have not yet been concluded between the Parties to conclude a sales contract, as well as all reservations for which the Buyer has not yet received information from the Seller about them. acceptance.
16. Only one Buyer may use one Account. The Buyer may not share Account access data with other people. The Buyer is obliged to properly secure the data used to use the Account, in particular the password to access the Account.

17.Each Buyer, without the need to create a Buyer Account, may use the following services provided by the Seller electronically:

a) a service that allows the Buyer to browse the catalog of goods available in the Store on the Store’s website and obtain information about these goods;

b) services enabling the Buyer to place orders for goods available in the Store, in the manner specified in paragraph 5, in order to acquire them by way of a distance contract;

c) other services available on the Store’s website for unregistered Buyers, in particular consisting in the possibility of submitting a complaint by the Buyer by electronic means.

18. Contracts for the provision of electronic services, referred to in paragraph. 15, are free of charge, unless in the case of a given functionality, the Seller, before using it by the Buyer, clearly informed the Buyer, in accordance with the law, about the necessity to pay the fee and the amount of this fee. Above contracts are concluded each time the Buyer starts using a given functionality, for the duration of such use.
19. Correct use of the services referred to in para. 15 and 17, is only possible with a PC, Mac or similar computer, equipped with an operating system (e.g. Linux, Mac OS, Windows or similar) and a web browser (e.g. Firefox, Opera, Safari or similar).
20. The Buyer is obliged to:

a) use the services referred to in paragraph 15 and 17 in a manner consistent with the provisions of applicable law and the customs adopted in this regard,

b) comply with the rules of these Regulations,

c) not to provide or transmit illegal content,

d) using the services referred to in para. 15 and 17 and the tools available in the Store in a manner consistent with their intended use,

e) not to use techniques and devices that disrupt the operation of the IT infrastructure.

21. The Seller may carry out maintenance works on the Store. During maintenance work, the availability of some or all of the Store’s services and functionalities may be partially or completely limited. The seller undertakes to notify about planned maintenance work in good time.
22. In order to ensure the security of communication in the Store, in particular during the submission orders, in accordance with paragraph 5, the Seller takes technical and organizational measures appropriate to the degree of threat to the Store’s security.

WITHDRAWAL FROM THE CONTRACT

23. Having regard to the wording of Art. 24 et seq. Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) (Act on consumer rights), the Buyer who is a consumer and the Buyer who is a natural person concluding a contract directly related to its business activity, when it follows from the content of this contract that it does not have a professional nature for it, it has the right to withdraw from the contract concluded with the Seller, in accordance with the provisions of the Regulations, within 14 days, without giving any reason. The deadline to withdraw from the contract will expire after 14 days, respectively:

a) in the case of a contract for the sale of goods – from the date on which the Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Buyer came into possession of the goods,

b) in the case of a contract for the sale of goods, covering many goods that are delivered separately – from the date on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the last of the goods,

c) in the case of a contract for the provision of services – from the date of conclusion of the contract.

24. To exercise the right to withdraw from the contract, the Buyer must inform the Seller about his decision to withdraw from the contract by means of an unequivocal statement. (the form of withdrawal suggested by the Seller, ensuring the most efficient course of settlements between the parties, is sending a declaration of withdrawal by e-mail to the following e-mail address: sklep@eurocardgames.eu).

After receiving a declaration of withdrawal from the Buyer, the Seller shall send the Buyer an e-mail indicating the proposed shipping address of the goods and the RMA number of the return. Indication by the Buyer of the RMA number provided by the Seller on the bill of lading, as well as the Buyer’s delivery of the returned goods to the address provided by the Seller, will improve the process of settlements between the parties due to withdrawal from the contract.

25. In order to meet the deadline for withdrawing from the contract, it is sufficient for the Buyer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
26. In the event of withdrawal from the contract by the Buyer, the Seller returns to the Buyer all payments received from the Buyer, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Buyer other than the cheapest standard delivery method offered by the Seller), immediately, and at any time. case no later than 14 days from the date on which the Seller was informed about the Buyer’s decision to exercise the right to withdraw from the contract. The reimbursement is made by the Seller using the same payment methods that were used by the Buyer in the original transaction, unless the Buyer expressly agreed to a different solution; in any event, the Buyer will not incur any fees related to this return. The Seller may withhold the reimbursement until receipt of the goods from the Buyer or until the Seller provides the Seller with a proof of its return by the Buyer, whichever occurs first.
27. In the event of withdrawal from the contract, the Buyer is obliged to send back or hand over the item to the Seller immediately, and in any case not later than 14 days from the date on which he informed the Seller about the withdrawal from the contract. The deadline is met if the Buyer returns the item before the expiry of the 14-day period.
28. The Buyer will have to bear the direct costs of returning the goods to the Seller. This also applies when the item, due to its nature, cannot be returned by regular mail (in particular, bulky goods). In such a situation, these costs may turn out to be high. However, according to the Seller’s estimates, they should not exceed the amount of approximately PLN 1,000.
29. The Buyer is liable for a decrease in the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
30. In the event of the Buyer withdrawing from the contract, it is considered void. If the Buyer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
31. The right to withdraw from the contract concluded with the Seller via the Store, pursuant to art. 38 of the Act on Consumer Rights, the Buyer who is a consumer and the Buyer who is a natural person concluding a contract directly related to its business activity, is not entitled to it, if the content of this contract shows that it does not have a professional nature for it in relation to contracts:

a) for the provision of services, if the entrepreneur has fully performed the service with his express consent, who was informed prior to the commencement of the provision that after the if the entrepreneur fails to provide the service, he or she will lose the right to withdraw from the contract;

b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

c) in which the subject of the service is a non-prefabricated item, manufactured according to its specification or serving to satisfy its individual needs;

d) in which the subject of the service is an item that deteriorates quickly or has a short use-by date;

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

f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

g) in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;

h) in which the client has expressly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the customer, or provides items other than spare parts necessary for repair or maintenance, the right to withdraw from the contract applies only to additional services or items;

i) in which the subject 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 the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

k) concluded through a public auction;

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

m) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with his express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

LIABILITY FOR DEFECTS OF GOODS

32. The Seller is not a guarantor of the goods presented in the Store. These goods may have a manufacturer’s or importer’s warranty, valid in Poland. Information on the existence of a guarantee for a given product, the content of this guarantee, including its validity period, as well as detailed conditions for its implementation, can be found next to the description of this product in the Store. If the goods are covered by the guarantee, claims in this respect should be submitted to the guarantor’s service indicated in the guarantee card attached to the goods or on the guarantor’s website. If the warranty card does not indicate the service to which the defective goods should be delivered, the Seller may provide the Buyer with assistance in submitting a complaint to the guarantor, provided that the Buyer sends the Seller a notification of such a complaint on the complaint form referred to in point 41 below, in writing or by e-mail to the following e-mail address: sklep@cryptocardgame.eu. After receiving such a complaint from the Buyer, the Seller shall send the Buyer an e-mail indicating the shipping address of the goods and the RMA number. The indication by the Buyer of the RMA number provided by the Seller on the bill of lading, as well as the Buyer’s delivery of the returned goods to the address provided by the Seller, conditions the Seller’s provision of assistance to the Buyer in submitting a complaint to the guarantor. A copy of the warranty document with proof of purchase and a description of the defect must be attached to the shipment. In the event of failure to provide the above-mentioned documents, the Seller reserves the right to refuse to accept such goods as part of the assistance in submitting a complaint to the guarantor.
33. The Seller is obliged to deliver to the Buyer the goods without defects. The Seller is liable to the Buyer under the warranty for physical and legal defects of things, in accordance with the provisions of art. 556 et seq. Of the Civil Code. The buyer may exercise the rights under the warranty regardless of the rights resulting from the guarantee. In the case of a contract concluded in accordance with the provisions of these Regulations, the Seller’s liability under the warranty for defects in goods is excluded by the Buyer who is not a consumer.
34. If the Buyer pursues claims under the warranty for defects in goods, he is obliged to deliver the defective goods to the Seller at the Seller’s expense. After receiving a complaint from the Buyer under the warranty, the Seller sends the Buyer an e-mail il indicating the shipping address of the goods and the RMA number of the complaint. Indication by the Buyer of the RMA number provided by the Seller on the bill of lading, as well as the Buyer’s delivery of the advertised goods to the address provided by the Seller, will improve the complaint procedure for this goods. If, on the other hand, due to the type of item or the way it was installed, the delivery of the item by the Buyer would be excessively difficult, the Buyer is obliged to make the item available to the Seller at the place where the item is located.
    REPORTING AND PROCESSING COMPLAINTS
35. Each Buyer is entitled to submit a complaint to the Seller, in particular a complaint under the warranty for physical and legal defects of things regarding irregularities in the operation of the Store or the manner or quality of the Seller’s provision of services referred to in paragraph 15 and 17.
36. The Buyer may submit a complaint in electronic form – via e-mail – to the e-mail address: sklep@cryptocardgame.eu using the template of the complaint form available on the Store’s website, or by post to the Seller’s address specified in paragraph 1.
37. The Seller considers the claim under the warranty without undue delay, but not later than within 14 calendar days from the date of its submission by the Buyer, notifying the Buyer about the method of settling the claim under the warranty.

FINAL PROVISIONS

38. The contract for the sale of goods is concluded in accordance with Polish law and in Polish.
39. In the process of Account registration, when placing an order or making a reservation, as well as using the contact / application forms available in the Store, the Buyer provides personal data necessary for the Seller to provide services electronically, as well as for the performance of the sales contract concluded by the parties or the implementation of the concluded reservation. The personal data entrusted to the Seller will be processed in accordance with the provisions of the Privacy Policy available on the Store’s website.
40. The Seller may change the Regulations. Amendments to the Regulations are effective from the moment they are posted on the Store’s website, unless the Seller indicated a later date of entry into force of the new Regulations. The provision of the preceding sentence does not apply to the Customer who has an Account created, who terminated the contract for the provision of the service referred to in paragraph 16. In the event of the Buyer terminating the termination referred to in sentence 2, the contract for the provision of the service referred to in para. 16 is terminated with the expiry of the above-mentioned deadline. Amendments to the Regulations do not apply to orders placed in accordance with the provisions of paragraph 6. Such orders will be carried out on the basis of the existing rules.
41. The current Regulations are available at: cryptocardgame.eu. The Regulations, in the version applicable to the Buyer, may also be sent free of charge to the Buyer, at his request, in written or electronic form.
42. Any disputes between the Parties shall be settled by competent common courts. The buyer who is a consumer has the option, subject to the consent of the Seller, of extrajudicial means of dealing with complaints and redress, including in particular mediation conducted by the Provincial Inspectorate of Trade Inspection in Warsaw. Information on how to access the above-mentioned The mode and procedure of dispute resolution can be found at: www.uokik.gov.pl, in the tab “Settlement of consumer disputes”. The buyer who is a consumer may also use the assistance of the competent municipal (poviat) consumer ombudsman.
43. The seller was obliged to provide information about the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (hereinafter: the ODR Platform). In connection with the above, we provide an electronic link to the ODR Platform: ec.europa.eu/odr, where you will be able to find information on the forms of out-of-court dispute resolution, in particular, the Consumer will be able to submit a complaint through it if he wishes to use these forms. However, this method is voluntary, which means that if the Consumer submits a complaint via the ODR Platform, the Seller is not obliged to use alternative methods of resolving it. It is therefore possible to refuse the Seller despite a complaint by the Consumer to resolve the matter in the above-mentioned way.
44. The regulations come into force on 10/11/2021