Store Terms and Conditions

§1

Preliminary Provisions

The online store Fantasmatic.pl, available at www.fantasmatic.pl, is operated by Fantasmatic Sp. z o.o. registered at Al. Solidarności 113, lok 21A, 00-140 Warsaw, entered into the National Court Register by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000876396, REGON 387878100, NIP 5252848100
These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store, as well as the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.

§2

Definitions

Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
Seller – FANTASMATIC SP Z O.O.
Customer – any entity making purchases through the Store.
Entrepreneur – a natural person, legal person, and organizational unit without legal personality, to whom a separate act grants legal capacity, conducting business activity on their own behalf, who uses the Store.
Store – an online store operated by the Seller at the internet address www.fantasmatic.pl
Distance Agreement – an agreement concluded with the Customer within an organized system for concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of concluding the agreement.
Regulations – these Store regulations.
Order – a declaration of will by the Customer submitted via the Order Form and directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.
Parties to the Order – Seller and Customer or Seller and Entrepreneur
Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
Cart – a software element of the Store where Products selected by the Customer for purchase are visible, and where it is possible to define and modify Order details, in particular the quantity of products.
Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
Sales Agreement – an agreement for the sale of a Product concluded or to be concluded between the Customer and the Seller via the online Store. The Sales Agreement also refers to – depending on the characteristics of the Product – a service provision agreement and a contract for specific work.

§3

Contacting the Store

Seller’s Address: Al. Solidarności 113 lok 21A, 00-140, Warsaw
Seller’s Email Address: foto@fantasmatic.pl
Seller’s Phone Number: +48 605 590 450
Seller’s Bank Account Number:
34 1140 2004 0000 3402 8151 1985
mBank
The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
The Customer may contact the Seller by phone between 9:00 AM and 5:00 PM, Monday to Friday.

§4

Technical Requirements

To use the Store, including browsing its assortment and placing orders for Products, the following are required:
1. an end device with Internet access and a web browser,
2. an active email account,
3. a bank account with support for electronic payment methods or an electronic payment card,
4. enabled cookie support.

§5

General Information

To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer’s technical infrastructure.
Browsing the Store’s assortment does not require creating an Account. Customers can place orders for Products available in the Store’s assortment by providing the necessary personal and address data to fulfill the Order without creating an Account.
Prices provided in the Store are given in Polish Zloty and are gross prices.
The final (total) amount to be paid by the Customer consists of the price for the Product, of which the Customer is informed on the Store’s pages during the order placement, including at the moment of expressing the will to be bound by the Sales Agreement.
If the nature of the subject of the Agreement does not reasonably allow for the prior calculation of the final (total) price, information on how the price will be calculated, as well as on transport, delivery, postal services fees, and other costs, will be provided in the Store in the Product description.

§6

Order Placement Rules

Orders placed via the website can be submitted 24 hours a day, 7 days a week, all year round.
To place an Order, you must:

1. select the Product that is the subject of the Order, then click the “Add to Cart” button (or equivalent);
2. fill in the Order Form by entering the recipient’s details, and enter invoice details if they differ from the recipient’s details,
3. click the “Order and Pay” button,
4. select one of the available payment methods and, depending on the chosen method, pay for the order within the specified period, subject to § 7 point 3.

§7

Offered Delivery and Payment Methods

The Customer may use the following methods for delivery or collection of the ordered Product:
1. Shipping within Poland (shipping costs covered by the Seller). Shipping applies to services with a voucher order option.
2. Personal collection available at: Al. Solidarności 113 lok 21A, 00-140, Warsaw
The Customer may use the following payment methods:
1. Electronic Payments
2. Payment by Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro payment card
E-transfer transactions are processed via:
1. mBank S.A.
Credit card transactions are processed via:
1. Blue Media S.A.
2. Stripe
3. SumUp
Detailed information on delivery methods and acceptable payment methods can be found on the Store’s pages.

§8

Execution of the Sales Agreement

The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order using the Order Form in the online Store in accordance with § 6 of the Regulations.
After an Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment occurs by the Seller sending a relevant email message to the Customer’s email address provided during the Order placement. The email message contains at least the Seller’s declarations of receipt of the Order and its acceptance for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email message, the Sales Agreement between the Customer and the Seller is concluded.
If the Customer chooses electronic payments or payment by payment card, the Customer is obliged to make the payment within 3 hours from the date of concluding the Sales Agreement — otherwise, the order will be canceled.
The Customer will be informed by the Seller about the readiness of the Order for collection by sending a relevant email message to the Customer’s email address provided during the Order placement.
The Service Collection Date is determined by mutual agreement of the Parties to the Agreement.
It is possible to change the Collection Date or cancel the Order by mutual agreement of the parties.
If the change of the Collection Date or cancellation of the Order occurs due to the Seller’s fault, the Customer has the option to set a new collection date (with the mutual consent of the Parties to the Agreement) or receive a full refund of the Amount paid by the Customer.
If the change of the Collection Date or cancellation of the Order occurs due to the Customer’s fault:
1. If the cancellation occurs more than 3 days before the designated collection date, the Customer is entitled to set a new collection date or receive a refund of the Amount paid by the Customer.
2. If the cancellation occurs 1-3 days before the designated collection date, the Customer is entitled to a refund of half of the Amount paid by the Customer.
3. If the cancellation occurs less than 24 hours before the designated collection date, the Customer is not entitled to a refund of the Amount paid.
Any refund of the amount will be made to the bank account designated by the Customer within 3 business days from the cancellation of the collection date.
Personal collection of the Product by the Customer is free of charge.
The Seller undertakes to archive photographic material resulting from the sales agreement for a period of three months from the date of material delivery.

§9

Seller’s Liability

The Seller is liable for non-performance or improper performance of the agreement in the case of agreements concluded with a Consumer as defined in these regulations.
In the case of agreements concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
The Seller is not liable for the non-performance or improper performance of services provided electronically if this is caused by third parties.
The Seller is liable for their own actions or omissions, and for the actions or omissions of persons with whose assistance they perform services provided electronically, as well as persons to whom they entrust the performance of these services.
The Seller is not liable for the impossibility or difficulties in using the Online Store resulting from reasons attributable to the Customer.
The Seller is not liable for damages caused by the actions or omissions of Customers, in particular for their use of the online Store in a manner inconsistent with applicable law or the Regulations.
The Seller is not liable for copyright or related rights infringement resulting from unlawful actions of the Customer during order fulfillment. The Customer bears sole responsibility for damages resulting from copyright infringement.
The sole source of the Seller’s obligations is these Regulations and applicable Polish law.

§10

Withdrawal from the Agreement

The Store sells custom-made services, and returns of orders are not possible. In accordance with the law, the possibility of return does not apply to: services commenced, with the Customer’s consent, before the expiry of the period referred to in Article 7, paragraph 1, concerning audio and visual recordings and computer programs recorded on data carriers after the Customer has removed their original packaging, agreements concerning services for which the price or remuneration depends solely on market price fluctuations, services with characteristics specified by the Customer in their order or closely related to their person, services which, due to their nature, cannot be returned or whose subject deteriorates rapidly, delivery of press, services in the field of games and mutual bets.
The Consumer does not have the right to withdraw from a distance agreement in relation to an Agreement:
1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs,
2. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the commencement of the service that they would lose the right to withdraw from the Agreement after the Seller’s performance,
3. in which the subject of the service is items which, due to their nature, become inseparably combined with other items,
4. for the supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed by the Seller about the loss of the right to withdraw from the Agreement.
Withdrawal from the agreement is not possible after the service has been performed, i.e., after the Seller has completed the work. A service commissioned to a photographer who has already performed a photo session is precisely such a case¹.

¹ Act of March 2, 2000, on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271).

§11

Complaints and Warranty

Complaints should be submitted to the Service Provider’s email address.
When submitting a complaint, you should provide the Service Provider with the photo numbers and a description of what should be corrected in them.
The Service Provider will consider the complaint within 1 to 30 days from the date of its submission.
The Customer loses the rights specified in point 2 of this paragraph if they do not notify the store of the non-conformity of the service with the agreement within 30 days of its discovery. Sending a notification before the deadline is sufficient to meet the deadline.

§12

Out-of-court methods for handling complaints and pursuing claims

Detailed information regarding the Consumer’s possibility to use out-of-court methods for handling complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following exemplary possibilities for using out-of-court methods for handling complaints and pursuing claims:
The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for resolution of a dispute arising from an Agreement concluded with the Seller.
The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable resolution of a dispute between the Consumer and the Seller.
The Consumer may also obtain free assistance in resolving a dispute between them and the Seller by using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers).

§13

Personal Data in the Online Store

The administrator of Customers’ personal data collected via the online Store is the Seller.
Customers’ personal data collected by the administrator via the online Store are collected for the purpose of fulfilling the Sales Agreement.
Recipients of personal data of online Store Customers may include:
1. In the case of a Customer who uses postal or courier delivery methods in the online Store, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing deliveries on behalf of the Administrator.
2. In the case of a Customer who uses electronic payment methods or payment card in the online Store, the Administrator provides the collected personal data of the Customer to the selected entity processing these payments in the online Store.
The Customer has the right to access and correct their data.
Providing personal data is voluntary; however, failure to provide the personal data specified in the Regulations as necessary for concluding a Sales Agreement results in the inability to conclude such an agreement.

§14

Final Provisions

Agreements concluded via the online Store are concluded in Polish.
The Seller reserves the right to amend the Regulations for important reasons, namely: changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services; the Act on Consumer Rights, and the Act on Personal Data Protection.
The Client has the right to use out-of-court methods for handling complaints and pursuing claims. For this purpose, they may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.

Date of publication of the Terms and Conditions: 2019-05-07
Last update date: 2022-10-03.

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