Terms and Conditions of use
1. These Regulations define the general conditions, rules and sales method of avioX sp. z o.o. with headquarters in Warsaw, via the online store www.drones.aero (hereinafter: "Online Store") and specifies the terms and conditions for the provision by avioX sp. o.o. with electronic services based in Warsaw.
§ 1 Definitions
1. Business days - means days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means a factual act consisting in delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
3. Supplier - means a courier company with which the Seller cooperates in the field of delivering the Goods.
4. Password - means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Client - a natural person, a legal person or an organizational unit that is not a legal person, the law of which grants legal capacity, conducting business or professional activity on its own behalf.
6. Customer Account - means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has completed the Registration.
7. Login - means an individual Customer identification, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store. The login is the correct email address of the Customer.
8. Regulations - means these regulations of the Online Store.
9. Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
10. Seller - means avioX sp. z o.o. with headquarters in Warsaw (02-414), ul. Fr. Juliana Chrościcki 83 place 221, NIP: 7010409131, REGON: 146999690, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000482733; e-mail: email@example.com, which is also the owner of the Online Store.
11. Shop Website - means the websites where the Seller runs the Online Store operating in the domain www.drones.aero.
12. Goods - means the product presented by the Seller via the Online Store Website.
13. Sales contract - means a sales agreement concluded electronically on terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and photos presented on The Store's Website for the purpose of presenting goods to which copyrights belong to third parties) belong to the Seller, and the use of them may only take place in a manner specified and in accordance with the Regulations.
2. The Online Store is made available by the Seller via the Internet and the Online Store Website as a resource of the IT and IT system.
3. The Seller reserves the right to post advertising content on the Website of the Store regarding the Products offered, as well as goods and services of third parties, in forms used on the Internet.
4. It is forbidden to use the Online Store or the Online Store Website by Clients or third parties to send unsolicited commercial information.
§ 3 Using the Online Store
1. Using the Online Store means any activity of the Customer, which leads to the User getting acquainted with the content contained on the Store Website, subject to the provisions of §4 of the Regulations.
2. The use of the Online Store may only be carried out on terms and in the scope specified in the Regulations.
4. In order to place an order in the Online Store and to order using the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.5. The Customer, using the Online Store, is not entitled to any interference in the content, structure, form, graphics, mechanism of operation of the Online Store and the Online Store Website.6. It is prohibited to provide the Customer with unlawful content and the Customer's use of the Online Store, the Store Website or free services provided by the Seller in a manner contrary to the law, good practices, infringing personal rights of third parties or legitimate interests of the Seller.7. The customer is entitled to use the resources of the Online Store only for his own use. It is not allowed to use the resources and functions of the Online Store in order to conduct a commercial activity by the Customer or which would infringe the interests of the Seller. 8. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, use anti-virus programs and protect the identity of those using the Internet. The Seller never asks the Customer to provide him with any form of Password. § 4 Registration 1. In order to create a Customer Account, the Customer is obliged to register. 2. Registration is not necessary for Clients to place orders in the Online Store. 3. In order to register, the Customer should complete the registration form made available by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password. 4. Completion of the registration form follows the following rules: a) The customer should complete all fields of the registration form, unless the field is marked as optional; b) Information entered into the registration form should concern only the Client and be truthful, whereas the Customer is the person responsible for the accuracy of the information entered in the registration form; c) the Customer should read and confirm the fact of reading the Regulations by marking the appropriate field of the registration form; d) the Customer, marking the appropriate field of the registration form, should express the will to conclude an agreement for the electronic provision of the Customer Account service for him by the Seller, whereas the Customer's failure to conclude a contract prevents the registration and creation of the Customer Account; e) the Customer should consent to the processing of his personal data included in the registration form in order to provide services on the basis of contracts concluded in accordance with the Regulations (Article 23 paragraph 1 item 3 of the Act on personal data protection), whereby the Customer has the right to access their content data and correcting them. 5. Sending a completed registration form is tantamount to: a) acceptance and acceptance by the Customer of the Regulations; b) authorization of the Seller to process the Customer's personal data included in the registration form in order to provide the Customer Account service and consent to the Seller's delivery to the email address provided by the Customer during the Registration, information related to technical maintenance of the Customer Account. 6. During Registration, the Customer may consent to the processing of his personal data for marketing purposes. In such a case, the Seller expressly informs about the purpose of collecting the Customer's personal data, as well as about the known to the Seller or anticipated recipients of such data. The consent to the processing of personal data for marketing purposes takes into account that: a) the consent is voluntary and may be withdrawn at any time; b) the Customer to whom the personal data pertains has the right to access the content and to correct personal data; c) entrusting the Seller with personal data by selecting the appropriate box in the registration form. 7. Expressing consent to the processing of personal data for marketing purposes in particular, consent to receive commercial information from the Seller or advertisers cooperating with the Seller to the email address of the Customer, provided in the registration form. 8. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. With this moment, a contract for the provision of the electronic Customer Account service, and the Customer gains access to the Customer Account and changes made during data registration, with the exception of the Login. 9. The Customer is obliged to make every effort to maintain confidentiality and not to disclose the Password to third parties. In the event of any circumstances indicating the suspicion that the Password was in the possession of an unauthorized person, the Customer is obliged to immediately notify the Seller of this fact, using the available means of communication. In this situation, the Customer should immediately change the password, using the appropriate functionalities within the Customer Account. 10. The Seller creates and implements safeguards against unauthorized use, duplication or dissemination of content contained on the Shop Website. If the Seller applies the above safeguards, Customers undertake to refrain from any actions aimed at removing or circumventing such protections or solutions. § 5 Orders, payment and execution of orders 1. The information contained on the Store Website does not constitute an offer of the Seller, within the meaning of the Civil Code but only an invitation from Clients to submit offers to conclude a sales agreement for the Goods. 2. The Customer may place orders in the Online Store for 7 (seven) days a week and 24 (twenty four) hours a day via the Online Store Website. 3. The customer completes the order by selecting the Goods he is interested in by choosing the "ADD TO CART" command under the given Product located on the Shop Website. After completing the entire order and indicating in the "BASKET" the method of Delivery and payment method, the Customer places the order by sending the order form to the Seller. The form is sent by activating the appropriate field in the order form. Each time before the order is shipped to the Seller, the total price of selected Goods is given and the total cost of the chosen method of Delivery. 4. Placing an order is the submission by the Customer of the Seller of an offer to conclude a contract for the sale of the Goods being the subject of the order. 5. After placing the order, the Seller sends a confirmation of the Customer's order to the email address provided by the Customer. 6. Next, the Seller sends an order confirmation to the e-mail address provided by the Customer. Confirmation of the order is the Seller's statement about the acceptance of the offer referred to in §5 sec. 4. 7. Prices on the Shop Website placed at the given Goods: a) are gross prices (including VAT) and are specified in Polish zlotys; b) do not contain information on the costs of Delivery, about which the Customer will be informed when choosing the method of Delivery; c) do not contain information on possible customs duties if the delivery address is outside Poland. 8. The final price binding the parties to the Contract of Sale is the price of the Goods contained on the Store Website at the time of ordering by the Customer. 9. Information on the total value of the order is specified each time in the "BASKET", after the Customer selects the form of Delivery and specifies the form of payment. 10. The Customer may choose the following payment methods for the ordered Goods: a) bank transfer to the Seller's bank account (in this case, the order will be processed after the Seller sends the confirmation of order acceptance, and the shipment will be made immediately after the funds are credited to the Seller's bank account) ; b) cash on delivery - payment at the Seller's office (in this case the order will be processed immediately after the Seller sends the confirmation of order acceptance and the Goods will be issued at the Seller's office); c) bank transfer through an external PayPal payment system, operated by PayPal (Europe) S.à.l. & Cie, S.C.A. based in Luxembourg (in this case, the implementation of the order will begin after sending the Customer confirmation of the order acceptance and after receiving by the Seller information from PayPal about the payment by the Customer); 11. The Seller may post on the Shop Website information on the number of working days needed to complete the order. 12. The ordered Goods are delivered to the Customer via the Supplier, to the address indicated in the order form. 13. On the day of sending the Goods to the Customer (if the option of personally collecting the Goods has not been selected), the information confirming the delivery of the package by the Seller shall be forwarded to the email address of the Customer. 14. The customer should examine the delivered parcel in time and in the manner accepted with parcels of a given type, in the presence of the Supplier's employee. 15. The customer has the right to demand from the supplier's employee to write on proper protocol in the event of a loss or damage to the parcel. 16. The customer has the option of personal collection of the ordered Goods. The collection can be made at the Seller's office after prior appointment by e-mail or by phone. 17. The Seller attaches to the package being the subject of the Delivery, according to the will of the Customer, a receipt or a VAT invoice covering the Goods delivered. 18. In the absence of the Customer at the address indicated by him, given when placing the order, as the delivery address, the Supplier's employee will leave a notice. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer electronically or by telephone, setting the delivery date and cost again with the Customer. § 6 Complaints and guarantees 1. The Seller excludes its liability under the warranty. 2. Goods sold by the Seller may be covered by a guarantee granted by a relevant producer or distributor. The seller does not give any guarantee for any products sold. 3. In the case of a Product covered by a distributor's or producer's warranty, the Customer is obliged to make a complaint directly to the guarantor. 4. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the Seller's e-mail address. In the complaint, the Customer should include his Login and a description of the problem. The Seller shall promptly, but no later than within 14 (fourteen) days, consider complaints and provide a response to the Customer's email address provided in the complaint form. § 7 Unpaid services 1. The Seller provides free electronic services to Clients: a) Keeping Customer Accounts; b) Newsletter; c) Posting opinions about the Goods on the Store's Website; d) Sends inquiries about the Goods to the Seller; 2. Services indicated in §7 para. 1 above are provided 24 hours a day, 7 days a week. 3. The Seller reserves the right to choose and change the type, form, time and manner of granting access to selected services listed, about which he will inform the Customers in a manner appropriate to the change in the Regulations. 4. The Customer Account Service is available after registration, as described in §4 of the Regulations. 5. The Newsletter service can be used by any customer who during registration activates the appropriate field in the registration form or enters his e-mail address using a registration form made available by the Seller on the Shop Website. After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, confirmation by the Seller. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded. 6. Newsletter service consists in sending by the Seller, to the email address, an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Clients who have subscribed. 7. Each Newsletter addressed to the Customers concerned includes, in particular: a) information about the sender; b) the "subject" field filled in, specifying the content of the shipment; c) information about the possibility and method of withdrawal from the free Newsletter service. 8. Unpaid service. Posting opinions about the Goods on the Shop Website consists in enabling the Customer, with the Customer Account, to publish individual and subjective statements of the Customer regarding in particular the Goods. 9. By posting content and making it available, the Customer makes voluntary distribution of content. The published content does not express the views of the Seller and should not be equated with his activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose. 10. The Client declares that: a) he is entitled to use proprietary copyrights, industrial property rights and / or related rights to - respectively - works, industrial property rights objects (eg trademarks) and / or related rights subjects, which they make up content; b) placing and making available as part of the free service referred to in §7 para. 8 above, personal data, image and information relating to third parties occurred in a legal, voluntary manner and with the consent of the persons concerned; c) consents to the access to published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations; d) consents to the development of works within the meaning of the Act on rights he knows copyright and related rights. 11. The Customer is not entitled to: a) post as part of using the free service referred to in §7 para. 8 above, personal data of third parties and the dissemination of the image of third parties without the required legal permission or consent of a third party; b) posting as part of using the free service referred to in §7 para. 8 above, advertising and / or promotional content. 12. The Seller is liable for content posted by the Customers, provided that they receive notification in accordance with §9 of the Regulations. 13. It is forbidden to place by Clients as part of using the free service referred to in §7 para. 8 above, content that could in particular: a) be placed in bad faith, eg with the intention of violating personal rights of third parties; b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations; c) be offensive or threatened to other people, contain vocabulary that violates good manners (eg by using profanity or terms commonly considered offensive); d) be in contradiction with the interests of the Seller; e) otherwise violate the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms. 14. If a notification is received in accordance with §9 par. 1 of the Regulations, the Seller reserves the right to modify or delete content posted by Clients as part of their use of the free service referred to in §7 para. 8, in particular with regard to content for which, based on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable legal provisions. The seller does not conduct ongoing control of the content posted. 15. The customer agrees to the use of the content posted by the Seller free of charge. 16. The service of sending a question about the Good to the Seller consists in sending a message to the Seller using the form placed on the Shop Website. 17. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by activating the relevant field in the Customer Account. 18. Cancellation of the free service. Posting opinions about the Goods on the Shop Website is possible at any time and consists in ceasing to post the content by the Customer on the appropriate Website of the Shop. 19. Canceling a free service. Sending an inquiry about a Product to the Seller is possible at any time and consists in ceasing to send inquiries to the Seller. 20. A Customer who has registered may individually delete the Customer Account or report such a request to the Seller, however, if the Customer requests the Customer to remove the Account, it may be deleted up to 14 (fourteen) days from the request. 21. The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, violation of the provisions of law or the provisions of the Regulations by the Customer, and when blocking access to the Customer Account and free services is justified security reasons - in particular: the Customer's breaching of the Shop's Website security or other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form. § 8 Liability 1. The Seller shall be liable only in the event of deliberate damage and within the limits of the Client's actual losses. 2. The Seller shall not be liable for the failure to perform or improper performance of services provided electronically, if it is caused by third parties (in particular telecommunications operators, providers of telecommunications lines and electricity). However, the seller bears responsibility as for his own act or omission for actions or omissions of persons with whom he provides services provided electronically, as well as persons entrusted with the performance of these services. 3. The Seller is not responsible for the impossibility or difficulties in using the Online Store, resulting from reasons attributable to the Customer, in particular for the Customer's loss or entry into possession by third parties (regardless of method) of his / her Password. The Seller is, however, liable if the Customer's loss or entry into possession of his Password has occurred for reasons attributable to the Seller or the reasons for which the Seller is liable. 4. The Seller shall not be liable for damages caused by Customer's actions or omissions, in particular for their use of the Online Store in a manner inconsistent with applicable law or the Regulations. 5. The Seller's sole source of obligations is these Regulations and mandatory legal provisions. § 9 Reporting a threat or violation of rights 1. In the event that the Customer or other person or entity decides that the content published on the Store Website violates their rights, personal rights, good customs, feelings, morals, beliefs, principles of fair competition, know-how, a secret protected by law or on the basis of an undertaking, may notify the Seller of a potential violation. 2. The Seller notified about the potential infringement, takes immediate action to remove from the Store Website, content causing the violation. § 10 Personal Data and Files "Cookies" 1. The administrator of personal data of customers provided to the Seller on a voluntary basis as part of the Registration and as part of the provision by the Seller services electronically or under other circumstances specified in the Regulations, is the Seller. 2. Personal data will be processed by the Seller only on the basis of authorization to process data and only for the purpose of performing orders or services provided electronically by the Seller and other purposes specified in the Regulations. 3. The set of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection. 4. Personal data provided to the Seller are given to him voluntarily, with the reservation that failure to specify in the Regulations in the Registration process prevents registration and establishment of the Customer Account and prevents the submission and execution of the Customer's order in the event of placing an order without registering the Customer Account. 5. Anyone who provides their personal data to the Seller has the right to access their content and to correct it. 6. The Seller provides the opportunity to remove personal data from the collection, in particular in the event of deletion of the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability. 7. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use. 8. The Seller does not transfer, sell or lend collected personal customer data to other persons or institutions, unless it is done with the express consent or at the request of the client, in accordance with applicable law or at the request of the court, prosecutor, police or other authorized authority, in case of violation of the law by the clients. 9. The Seller reserves the right to disclose to aggregate, general statistical summaries relating to Customers cooperating with the Seller to companies and online services. Such lists refer to the viewing of the Shop Website and do not contain personal data of the Customers. 10. The Seller uses the mechanism of "cookie" files, which while the Customers use the Store's Website, are saved by the Seller's server on the hard disk of the Customer's end device. 11. The use of "cookies" is aimed at correct operation of the Store's Website on the end devices of the Customers. This mechanism does not destroy the client's terminal device and does not cause any configuration changes in the end-devices of the clients or in the software installed on these devices. "Cookies" are not intended to identify customers. 12. The Seller uses the mechanism of "cookie" files in order to: a) save information about end-user devices; b) verification and development of its offer; c) statistics. 13. Every customer can disable the "cookies" mechanism in the web browser of his terminal device. The Seller indicates that disabling "cookies" may, however, cause difficulties or prevent the use of the Store's Websites. § 11 Termination of the contract (not applicable to orders / sales contracts) 1. Each Party may terminate the contract for the provision of electronic services at any time and without providing reasons, subject to retaining the rights acquired by the other Party before the above-mentioned contract and provisions below. 2. The customer who has completed the Registration terminates the contract for the witness electronic services, by requesting the Seller to remove the Customer Account, using any means of remote communication, allowing the Seller to read the Customer's declaration of intent. 3. The Seller shall terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during Registration. § 12 Final provisions and amendments to the Regulations 1. The Regulations are valid from the day of publication on the Online Store website and replace the previously valid Regulations of the Online Store. 2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the pages of the Online Store. 3. The regulations may change. The Customer shall be informed about changes to the Regulations by placing the Seller on the main page of the Online Store information on amendments to the Regulations containing a list of amendments to the Regulations and maintaining this information on the main page of the Online Store for a period of at least 7 (seven) consecutive Business Days, and Customers having The Customer Account will be additionally notified by the Seller by sending to the e-mail address indicated by them in the registration form, information containing a list of amendments to the Regulations. 4. Informing about the amendment of the Regulations in the manner specified above shall take place no later than 7 (seven) Business Days prior to the introduction of the amended Regulations. If the Customer who has a Customer Account does not accept the new content of the Regulations, he / she is obliged to notify the Seller about this fact within 7 (seven) days from the date of informing about the change in the Regulations. Lack of acceptance results in the termination of the contract in accordance with the provisions of §11. 5. All orders accepted by the Seller for execution before the date of amendment of the Regulations are implemented on the basis of the regulations, which were in force on the date of ordering by the Customer. 6. In the event of a dispute arising out of the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.