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Good morning,
We are glad that you are in the legal documents section of our Service. This means that you are an informed customer who cares about your consumer rights and makes informed purchases.
In this regard, we have good news: in our Service we care not only about the quality of products and friendly service, but also about your rights when shopping online.
Remember, if you have any questions about our policies or the products offered on our Website, you can contact us. We do not leave any question unanswered.
+48 792 280 634
biuro@milimaligdansk.pl
Funlandia Sp. z o.o.
Letnicka street 2 lok. 6
80-536 Gdansk
Regulations version 1.0 is effective as of 30/10/2024.
1. GENERAL PROVISIONS
In the first part of the Terms and Conditions, we introduce ourselves, write how to contact us most easily, and discuss the most important definitions you will find in this document
1.1 The Internet Service is available at: milimaligdansk.oos.pl/reservations and its extensions (hereinafter: the Internet Service)
1.2 The Internet Service is operated by: Funlandia Sp. z o.o. with its registered office in Jarnołtówek at Jarnołtówek 19a, 48-267 Jarnołtówek registered in the District Court in Opole, VIII Economic Department of the National Court Register under KRS number: 0001061045, NIP: 7532460680, REGON: 38894950000000, share capital 5 000 PLN (hereinafter: Owner).
1.3 Contact with the Website is possible:
a. at the e-mail address: biuro@milimaligdansk.pl;
b. at telephone number: +48 792 280 634 (call center open from 10:00 to 19:00, Monday to Sunday except public holidays);
c. using a mailing address: Funlandia Sp. z o.o. Letnicka Street 2 lok. 6, 80-536 Gdansk;
a. by means of the contact form available on the Intern Service.
1.4 Acceptance of the Terms and Conditions is voluntary, but necessary in order to use selected features of the Website (such as creating a Customer Account or making a purchase).
1.5 The Terms and Conditions are made available free of charge on the Website in a way that allows Users:
a. familiarization with its contents,
b. capturing its content in by printing it yourself or saving it to an external medium, such as downloading it as a PDF,
c. familiarize yourself with its current version, as well as previous versions.
1.6 DEFINITIONS. Whenever the following capitalized phrases are used in the following section of the Terms and Conditions, they shall be understood in the sense given below, unless the context of their use clearly indicates otherwise:
a. PUBLICITY STUNT- special conditions for the Service of Products or provision of services, offered by the Owner at a certain time, which the Customer may take advantage of under the terms and conditions set forth therein, such as, for example, a reduction in the Price for a Product or a Promotional Set. The details of the Promotional Action are governed by the Terms and Conditions of the Promotional Action, as provided within the Website. If the Promotional Action is in effect, the provisions of the Promotional Action Regulations shall take precedence over the provisions of these Regulations.
b. BOK - Customer Service of the Website, which provides information on the Website's operations, including the Products offered or the processing of Orders.
c. TICKETS - a document entitling the holder to participate in the Event, issued by the Owner in electronic form (e.g. as a PDF file). One ticket entitles one person to participate in the Event according to the information disclosed on it or the information indicated in the email to which it was attached. A ticket is also a Pass.
d. PRICE - the amount of gross remuneration (including tax), specified in Polish zlotys, due to the Owner for providing services to the Customer in accordance with the Service Agreement. The price does not include delivery costs, unless the terms and conditions of the Promotional Action in effect at the time on the Website state otherwise.
e. CUSTOMER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; having full legal capacity. If the Customer is a natural person with limited legal capacity, he/she agrees to obtain the legally effective consent of his/her legal representative to conclude the Service/Service Agreement and to present such consent whenever requested by the Owner.
f. CONSUMER - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity, within the meaning of Article 22(1) of the Civil Code of April 23, 1964.
g. CUSTOMER ACCOUNT - Electronic Service; marked with an individual name (Login) and Password, a set of resources in the Owner's ICT system, allowing the Customer to use additional functionalities of the Website. The Customer accesses the Account by means of a Login and Password. The Customer logs into his Account after making an Order on the Website. The Account allows recording and storing information about the Customer's data, access to the Order history and other services provided by the Owner.
h. CART - Electronic Service made available to each Customer who uses the Website, consisting of enabling him/her to easily place an Order for one or more Products, occasionally to enter discount codes allowing to reduce the Price under the terms of separate Regulations of Promotional Actions, to display a summary of the Price of individual Products and all Products together. The shopping cart also allows you to establish and modify order data, in particular: the number of Products, data for invoice, form of payment. As part of the Shopping Cart service, the Owner may send the Customer an e-mail message about the Products remaining in the Shopping Cart or a failed/rejected transaction by the payment intermediary (transaction e-mail). The shopping cart collects the Customer's offers to conclude a Service Contract, i.e. more than one offer to conclude a Service Contract can be made within one Order.
i. CARNET - a special type of Ticket entitling the Customer to attend more than one Event during the time period specified by the Owner. If the Customer does not use all the entrances available from the purchased Pass during the specified period, the unused entrances will be forfeited and the Owner will not be obligated to refund the Price.
j. LOGIN - Customer's user name provided within the Service when creating a Customer Account.
k. NEWSLETTER - Electronic Service, which allows all enrolled persons to receive periodic information about the Website, in particular about Products, current activities, marketing actions and Promotional Actions, to the e-mail address provided by the User, with his/her express consent.
l. PRODUCT - Ticket available on the Website that entitles the Customer to participate in the Event against payment of the Price.
m. TRADER - CONSUMER - A customer who is an individual who enters into a contract directly related to his business activity, when it is clear from the content of the contract that it does not have a professional character for him, arising in particular from the subject of his business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
n. REGULATIONS - this document defining, among other things, the rules for the conclusion of Agreements and the rules for the provision and use of services made available by the Owner through the Website to Users and Clients. The Regulations define the rights and obligations of the User, including the Client as well as the Owner cy. With respect to services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means.
o. INTERNET SERVICE - an Internet sales service run by the Owner in the Polish language, available at the Internet domain milimaligdansk.oos.pl/reservations .
p. PRODUCT PAGE - A page on the Website that presents detailed information on Events.
q. CONTENT/CONTENTS - text, graphic or multimedia elements (e.g. information about Products, photos of Products, promotional videos, descriptions, comments) including works within the meaning of the Act on Copyright and Related Rights and images of natural persons, which are posted and distributed within the scope of the Website by the Owner, the Owner's contractors, the Client or any other person using the Website, respectively.
r. SERVICE AGREEMENT - Service Contract, as defined by the Civil Code, concerning the performance by the Owner on behalf of the Customer of the service described on the relevant Product Page for the payment of the Price plus additional fees, if any, during the period indicated on the Product Page. The Service Agreement is concluded between the Customer and the Owner using means of remote communication under the terms and conditions set forth in these Terms and Conditions.
s. ELECTRONIC SERVICE - provision of services by electronic means, within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, by the Owner to the Customer via the Website, in accordance with the Service Agreement. To the extent that services are provided by entities cooperating with the Owner, the relevant provisions regarding the rules of use of such services are contained in the rules and regulations governing the provision of services by such entities.
t. USER/VISITOR - natural person browsing the resources of the Website, without creating a Customer Account and making a purchase.
u. ORDER - the Customer's statement of intent expressing a direct desire to enter into a Service Agreement at a distance, made using means of remote communication, specifying the Product for which the Customer is making an offer to enter into a Service Agreement and the Customer's data necessary for the eventual conclusion and execution of the Service Agreement. The order of each Product will be treated as an independent offer by the Customer to enter into a Service Agreement (technical facilitation). During the course of the Promotional Action, the Owner within the functionality of the Website for objective reasons may condition the conclusion of one Service Contract for several Products within the Promotional Set, due to the direct relationship between the Products. The Order may be assigned a single number, and all offers will be processed in parallel. Acceptance of the Order implies the conclusion of the Service Agreement.
v. EVIDENCE - an entertainment event organized by the Owner and held at a location designated by the Owner, on a date specified by the Owner. Detailed information on each Event can be found on the Product Pages.
2. RULES OF USE OF THE WEBSITE
In the rules of use of our Service, we explain what minimum technical requirements you must meet in order to use its functionality without problems.
2.1 The minimum technical requirements of the User's device for full and correct use of the Website:
a. A device with access to the Internet;
b. the latest version of the web browser;
c. an active e-mail account (e-mail address) in order to make a purchase or register for the Newsletter.
2.2 The Owner does not guarantee that the use of the Website will be without errors or technical interruptions. The Owner reserves the right to suspend or restrict access to the Website at any time, without prior notice to Customers. The Owner will strive to restore the operation of the Website without delay. Technical interruptions should not affect the processing of Orders already placed.
2.3 The Owner is not responsible for the content and content of other services and portals to which the Customer may be redirected using links placed on the Website (e.g. courier companies, or payment operators).
3. ELECTRONIC SERVICES ON THE WEBSITE
In the third part, we present the Electronic Services available on our Website. An Electronic Service is, for example, a Shopping Cart or a Newsletter. We explain how to make complaints about Electronic Services.
3.1 The Owner provides the following Electronic Services to Users, including Customers, through the Website, which do not require payment of a price:
a. maintaining a Customer Account, in the case of registration;
b. enabling Customers to use the services of the Shopping Cart;
c. allowing you to view Content posted within the Service, including marketing content;
d. contact form;
e. Newsletter.
Customer Account
3.2 The Owner shall additionally, for the benefit of Customers who use a Customer Account, provide the following services via the Website:
a. Enabling Customers to place Orders, enter into Service Agreements, under the terms and conditions set forth herein;
b. enable viewing of purchased Passes and their validity period;
c. maintaining the Client's session after the Client logs into the Account (using the browser);
d. storing and making available to the Customer through the Account the history of Orders;
e. Enabling changes to the Customer's data within the Customer Account.
3.3 The Agreement for the Provision of Services shall be concluded upon receipt by the Customer of a confirmation of registration of the Customer's Account, sent by the Owner to the email address provided by the Customer. The Account is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Owner (e.g. using the means of communication described in Section 1.3 of the Terms and Conditions.
Basket
3.4 The use of the Shopping Cart begins when the User adds the first Product to the Shopping Cart.
3.5 The shopping cart is a service provided free of charge, for the period during which there are unpurchased Products in the User's shopping cart. When an order is placed and successfully paid for, the service is terminated.
3.6 The Customer has the ability to independently correct the entered data within the "Shopping Cart" panel by adding or removing a given item from the Shopping Cart. The deletion of a given item may automatically cause the deletion of another item from the Cart as well, due to the direct relationship between the Products. The Shopping Cart also allows you to set and modify the order data, in particular: data for invoice, form of payment, adding discount codes.
Newsletter
3.7 The Newsletter service consists of receiving by Users subscribed to it (Service Recipients), who have made their e-mail address available to the Owner (Service Provider), by electronic means, including by means of automatic calling systems, commercial information concerning the products and services of the Owner and the Owner's partners, including in particular information about their current offerings, promotions, discounts and marketing actions (e-mail marketing).
3.8 The use of the Newsletter service is possible after the User performs the following steps:
a.a.a. providing at least your e-mail address, in the designated field on the Website, or checking the appropriate checkbox to receive commercial information through the selected communication channel;
a.a.b. acceptance of the provisions of these Terms and Conditions (including additionally by clicking on the activation link sent by the Owner to the e-mail address provided by the Service Recipient - if such functionality has been made available) and confirmation of reading the Privacy Policy. The Service Provider may also provide other ways to accept the provisions of the Terms and Conditions.
3.9 The Newsletter Service is provided for an indefinite period of time.
3.10. The Customer shall have the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter service (resignation from the service), in particular by sending a request for discontinuation of the Newsletter service to the contact data provided in item. 1.3. of the Terms and Conditions, or by clicking on the deactivation link included in the e-mail message sent to the Customer within the service. Unsubscribing from one of the channels of the Newsletter service in the manner indicated above, does not mean automatic unsubscribing from the other channel of the Newsletter service .
3.11. The owner may at any time terminate the contract for the provision of Newslleter service with one month's notice for valid reasons, understood as (closed catalog):
a.a.a. a change in the laws governing the provision of electronic services by the Owner affecting the mutual rights and obligations set forth in the Newslleter service agreement, or a change in the interpretation of the aforementioned laws as a result of court rulings, decisions, recommendations or recommendations of the relevant authorities or bodies;
a.a.b. a change in the manner of providing services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
a.a.c. a change in the scope or provision of services to which the provisions of the Regulations apply, through the introduction of new, modification or withdrawal by the Service Provider of existing functionalities or services covered by the Regulations.
3.12. The Service Provider shall send its statement to the extent specified in paragraph above to the e-mail address or telephone number provided by the Customer during registration for the Newsletter service.
3.13. The Owner may terminate the Customer's Newslleter service agreement upon seven days' notice or deny the Customer's further right to use the Newsletter service, as well as may restrict the Customer's access to some or all of the content referred to above for valid reasons, i.e. in the event of a gross violation of these Regulations by the Customer, i.e. in situations where the Customer (closed catalog): uses the Newsletter in a manner inconsistent with the provisions of applicable law and violating the rights of third parties, contrary to the provisions of these Terms and Conditions, as well as inconsistent with custom and rules of social coexistence, in particular, provides content of an unlawful nature.
Complaints about Electronic Services
3.14. Complaints related to the provision of Electronic Services may be submitted in any form. It is recommended to use the means of communication indicated in the Regulations.
3.15. A sample complaint form is available under the Terms and Conditions.
3.16 The Owner shall respond to the complaint immediately, no later than 14 days from the date of its submission.
4.CONDITIONS FOR PLACING AN ORDER AND CONCLUDING A CONTRACT
This is a very important part of the Terms and Conditions, where we explain how you can purchase our Products, i.e. place an Order and then enter into a Contract.
4.1 Information presented on the Website constitutes only an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code, directed by the Owner to Users, including Customers, and not an offer within the meaning of the Civil Code.
4.2 The main features of the performance including the subject matter of the performance and the method of communication with the User shall be specified on the Product Page or in another manner appropriate for the Product, within the Internet Service.
4.3 As part of the development of the Products or services available on the Website and due to their specifics, the Owner may impose restrictions on the ways of placing Orders for certain Products. In the case of placing several Orders at the same time, of which the restriction referred to above applies to at least one, this may affect the availability of the methods of placing Orders for the remaining ones as well.
4.4 The conclusion of the Contract between the Customer and the Owner shall take place after the Customer has placed an Order.
Placing an Order
4.5 The Owner shall allow the User to place an Order via the Website as follows, in sequence:
a. The Customer logs into his/her Customer Account and then selects the date and time of the Event he/she is interested in and adds the selected Product (or Products) to the Cart and then proceeds to the order form (purchase path);
b. The Customer, independently completes the order form to the extent necessary to place the Order. In the form it is necessary to provide the following data about the Customer: name and surname, e-mail address, telephone number and data about the Contract: method of payment, selected Products. In the case of Customers who are not Consumers, it is also necessary to provide the company and Tax Identification Number. For Customers placing an Order again, some data may be automatically supplemented based on the data provided at the pop. Order or entered within the Customer Account;
c. In any case, providing outdated or false data when filling out the order form may prevent the Order from being processed and the Agreement from being concluded.
d. When completing the Order form, select the method of payment of the Price.
e. The Customer sends the Owner an Order (submits an offer). In the case of a Customer who has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions and reading the Privacy Policy is required.
f. Depending on the chosen method of payment for the Order, the Customer may be redirected to the pages of a third-party payment service provider, in order to make payment or provide data for the purchase of installments or deferred payment.
4.6 In response to an Order, the Owner shall immediately send an automatic message to the Customer at the e-mail address provided by the Customer for this purpose with confirmation of receipt of the Order or the message referred to in Section 4.7(a).
4.7 After verification of the Order, without unreasonable delay, in the case where the Owner has not sent the message referred to in Section 4.6 in fine, the Owner shall send to the Customer at the provided e mail address a message with:
a. confirming acceptance of one or more individual offers for Products, made as part of the Order and confirming the conclusion of the Service Agreement (acceptance of the Order with respect to the Products indicated in the message); or
b. information about the impossibility of accepting all offers for Products, placed under the Order, e.g. due to lack of payment.
4.8 The Service Contract shall be concluded as soon as the offers(s) from the Order are confirmed, i.e. the email mentioned above is sent to the Customer for the Products indicated therein.
4.9 By placing an Order, the Owner agrees to receive a bill / invoice, correction invoice and duplicates of these documents in electronic form, to the e-mail address indicated. Along with the confirmation of the Order, the Owner sends a bill / invoice. At the same time, the Customer declares that he will receive the above electronic invoices at the e-mail address provided by him.
4.10 In the event that it is not possible to accept all or some of the offers submitted under the Order, the BOK will contact the Customer to:
a. informing the Customer of the impossibility of accepting all offers made under the Order; or
b. confirmation by the Customer of its willingness to execute the Order in the part in which the Owner has agreed to accept the offers to conclude the Service Agreement. The Customer may then cancel the Order in its entirety (to the extent of all offers), which does not affect its right to cancel the contract. The Customer's cancellation of the Order shall relieve the Owner of the obligation to continue the Order. In case of cancellation of the Order, the following section shall apply accordingly.
4.11. In the event that it is not possible to accept the offer(s) made under the Order, the Service Contract with respect to the Products indicated by the BOK shall not be concluded, and the Owner shall promptly, no later than within 14 days, refund to the Customer the payments made by the Customer to the extent that the Service Contract has not been concluded.
4.12 Independently, the Owner may inform the Customer about the status of the Order, in particular by sending messages to the e-mail address provided by the Customer, SMS or contacting by phone.
4.13 The Owner shall strive to ensure the availability of all Products and the performance of the Service Agreement. In the event of the impossibility of performance in emergency or unforeseen situations, and in other situations stipulated by law, the relevant provisions of the Civil Code may apply, including Articles 493-495 of the Civil Code, in particular concerning the obligation to promptly return performance to the Consumer.
4.14 The total value of the Order includes the Price and other costs, if any, of optional paid services selected by the Customer. The Customer shall be informed of the total price including taxes of the Product, as well as other costs, and when the amount of such fees cannot be determined, the obligation to pay them, before placing the Order and before concluding the Service Agreement.
4.15 The Promotional Actions applicable on the Website shall not be cumulative, unless the provisions of the Promotion expressly provide otherwise.
5. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
We are flexible - our Service allows various payment methods. Check out how you can pay for your Order.
5.1 The Owner shall make available to the Customer various methods of payment for the Order through trusted payment intermediaries:
5.1.a. electronic payments (e.g. Przelewy24, BLIK);
5.1.b. payment by traditional transfer.
5.2 The possible current payment methods are specified on the Website and presented before the Customer places an Order and before concluding the Service Agreement. The available payment methods may depend on the method of delivery chosen by the Customer or the characteristics of the Product. The available payment methods may change in the case of placing several Orders at the same time, in particular due to the Products covered by them.
5.3 If the Owner does not receive the Customer's payment, the BOK may contact the Customer to remind him of the payment and the abandoned shopping cart, including by sending an email (transaction email). Failure to make payment within 1 day of placing the Order and thereafter within an additional 1 day period will result in non-acceptance of the offer made by the Customer under the Order. The Customer may also cancel the Order without incurring any consequences by contacting the Owner via the BOK until the message about sending the Order is received, which does not affect his right to cancel the contract.
6. THE DELIVERY OF THE TICKET AND THE PERFORMANCE OF THE SERVICE WITHIN THE PAID PRODUCTS
Below we describe how you can use our Products and what rules you should follow when using our services.
6.1 The Ticket is delivered to the Customer in digital form to the email address provided by the Customer when placing the Order. Delivery of the Ticket is free of charge.
6.2 The performance of the service under the Products paid for by the Customer shall take place at the time and place specified by the Owner. In the case of Passes, the Customer shall be entitled to select the date for the use of the service within the time period specified by the Owner and subject to the availability of seats for Events.
6.3 The Owner shall provide only the equipment and assortment necessary to provide the service to the extent covered by the Product and described directly on the Product Site or elsewhere on the Website as appropriate.
6.4 The Owner specifically does not provide, as part of the Products, overnight accommodations, meals, or other services or products not directly related to the ability to provide the Service and not explicitly indicated on the Product Site.
6.5 In case of non-participation in the Event due to the fault of the Client or third parties, the Owner shall not be obliged to refund the Price paid by the Client.
6.6 Detailed rules for the performance of the service and the obligations of the Customers are regulated by the Rules and Regulations of the "Milimali" Amusement Park. The Customer using the Owner's services is obliged to comply with them.
7. PRODUCT COMPLAINT
We pay great attention to the workmanship of our products. However, if you have any objections to the purchased goods - check out how to easily file a complaint with us.
7.1 The Customer, who is a Consumer and Entrepreneur - Consumer is entitled to make a complaint about the services provided under the contract.
7.2 The Owner shall be responsible for the compliance of the performance with the contract, in particular, the Owner shall be obliged to provide the Customer with services without defects and in accordance with the concluded contract. The Owner shall not be liable for non-conformity of the Product with the contract, if the Consumer has been expressly informed that a particular feature of the Product deviates from the requirements of conformity with the contract and, at the latest at the time of conclusion of the contract, expressly and separately accepted its features.
7.3 The owner shall be liable for non-conformity with the contract existing at the time of its implementation to the Consumer and disclosed within 2 years from that time.
7.4 A complaint may be submitted by the Customer in any form. You are encouraged to file a complaint using the forms of communication described in the Terms and Conditions.
7.5 In the event of non-conformity with the contract, the Customer, being a Consumer and Entrepreneur-Consumer, shall have the rights set forth in the Law on Consumer Rights, the Civil Code and other provisions of applicable law.
7.6 In the case of non-conformity with the contract, the consumer may demand that the service be brought into conformity with the contract. The trader may refuse to bring the service into conformity with the contract if bringing it into conformity with the contract is impossible or would require excessive costs for the trader, in the assessment of which all the circumstances of the case are taken into account, in particular the significance of the lack of conformity with the contract.
7.7 The trader shall bring the goods into conformity with the contract within a reasonable time from the moment the trader is informed by the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The cost of bringing the goods into conformity with the contract shall be borne by the entrepreneur.
7.8 If the services are not in accordance with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:
a. it is impossible or requires excessive costs to bring it into conformity with the contract;
a. the trader failed to bring compliance with the contract
b. the lack of compliance with the contract continues even though the trader has tried to bring it into compliance;
c. the lack of conformity with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first trying to make the content conform to the contract;
d. it is clear from the trader's statement or circumstances that he will not bring the contract into conformity within a reasonable time or without undue inconvenience to the consumer.
7.9 The Owner shall be liable for non-conformity with the contract existing at the time of its delivery and disclosed within 2 years from that time. Customer's claims for non-conformity with the contract shall be time-barred after 6 years from the date of disclosure of non-conformity of the Product with the contract. The end of the limitation period is the last day of the calendar year.
7.10 In the case of a declaration of price reduction by the Consumer, the amounts due as a result of exercising this right will be refunded to the Customer no later than 14 days from the date of receipt by the Owner of the Customer's declaration of price reduction. The refund will be made using the same method of payment that the Customer used when paying for the goods, unless the Customer expressly agrees to a different method of refund.
7.11 It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for a method of bringing the Service Agreement into compliance or a statement of price reduction or withdrawal from the Service Agreement; and (3) contact information of the complainant (name, mailing address, telephone number, e-mail address) - this will facilitate and expedite processing of the complaint by the Owner. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
7.12 The Owner shall respond to the Customer's complaint immediately, but no later than within 14 days from the date of its receipt. Otherwise, the complaint is considered accepted by the Owner.
8. OUT-OF-COURT PROCEDURES FOR HANDLING COMPLAINTS AND INVESTIGATING CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
We are based on the assumption that in case of a difference of opinion with the client, it is worth talking and seeking a mutual agreement on an amicable basis. See how we can resolve the dispute.
8.1 The use of out-of-court means of dealing with complaints and claims is voluntary. The following provisions are for informational purposes and do not constitute an obligation on the part of the Owner to use out-of-court dispute resolution. The Owner's statement of consent or refusal to participate in the procedure for out-of-court resolution of consumer disputes shall be submitted by the Owner on paper or other durable medium in the event that the dispute is not resolved following a complaint filed by the Consumer.
8.2 The rules for the conduct of procedures for out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this regard are defined separately in the law (including, in particular, the Law of September 23, 2016 on out-of-court resolution of consumer disputes) or in the regulations applied by the relevant entities competent to resolve consumer disputes. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of processing complaints and pursuing claims, as well as the rules of access to these procedures, may be available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection, in particular also at the following web address of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php. The President of the Office of Competition and Consumer Protection keeps an open register of entities authorized to conduct proceedings for out-of-court settlement of consumer disputes.
8.3 A customer who is a Consumer has the following examples of out-of-court means of handling complaints and claims:
a. The Client shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection to resolve a dispute arising from the Service Agreement .
b. The Customer may obtain free assistance in resolving a dispute between the Customer and the Owner, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
c. At http://ec.europa.eu/consumers/odr, the European Commission provides a platform̨ for resolving consumer disputes online. The owner does not currently participate in this voluntary alternative dispute resolution procedure.
9. RIGHT OF WITHDRAWAL
We know that not sometimes consumers want to exercise their statutory right to return. We fully understand this. Check out our Service's cancellation policy.
9.1 The right of withdrawal does not apply, inter alia, to contracts for the provision of services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service.
9.2 Given that all Products offered by the Owner on the Website fall within the above-mentioned scope for the avoidance of doubt, the Owner indicates that Customers are not entitled to withdraw from the contract concluded through the Website.
9.3 At the same time, the Owner allows Customers to return the Ticket and obtain a refund of the Price in case of notification 24 hours before the scheduled date of the Event. In order to make the notification, the Customer is obliged to contact the email address specified in item. 1.3. of the Terms and Conditions, at least 24 hours before the date of the Event. Failure to meet this deadline makes it impossible to return the Ticket under the conditions described in the said section.
9.4 In the event that within the functionality of the Store it will be possible to purchase other products than the Ticket, the provisions indicated in paragraphs 9.5-9.16 will apply.
9.5 A Customer, being a Consumer, who has concluded a contract at a distance or off-premises, may withdraw from the contract without giving any reason and without incurring any costs, except those provided by law, within 14 days from the date of taking possession of the purchased Product. The regulations of this section of the Regulations also apply to the Entrepreneur - Consumer, who declares that he exercises his right to withdraw from the contract under the Act of May 30, 2014 on Consumer Rights, as he has entered into a contract directly related to his business activity, and the contract itself is not of a professional nature for him.
9.6 To meet the deadline it is sufficient for the Consumer or Entrepreneur - Consumer to make a statement to the Seller before the deadline. The Consumer or Entrepreneur-Consumer may make any unambiguous statement in which he will inform about his withdrawal from the Sales Agreement.
9.7 A statement of withdrawal from the Sales Contract may be submitted using the withdrawal form, a specimen of which can be found under the Regulations. The declaration of withdrawal from the Contract may be submitted in any form to the data indicated in section 1.3. of the Terms and Conditions, but using the form will help us to process your case faster.
9.8 Consumer and Entrepreneur - the Consumer alone bears the cost of returning the product (the cost of return shipping from the Consumer to the Seller).
9.9 The period for withdrawal from the Sales Agreement shall begin from the date of taking possession of the products by the Consumer, the Entrepreneur-Consumer or a third party other than a carrier (proxy) designated by the Consumer, and in the case of a Sales Agreement that includes multiple products that are delivered separately, in batches or in parts - from taking possession of the last product, batch or part.
9.10. Consumer and Entrepreneur - Consumer is obliged to return the product to the Seller immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline it is sufficient to return the product before its expiration to the address of the Owner.
9.11. Consumer and Entrepreneur - Consumer should secure the returned product in such a way that it is not damaged during transport.
9.12. In the case of effective withdrawal from a remote contract, the contract is considered not concluded.
9.13 The Seller is obliged to immediately, but no later than within 14 days from the date of receipt of the Consumer's or Entrepreneur-Consumer's statement of withdrawal from the contract, return to the Consumer all payments made by the Consumer, including the cost of delivery of the product (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller may refrain from sending the refund until it has received the returned goods or sent us a confirmation of shipment of the package, whichever comes first.
9.14. If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for him.
9.15. If the Consumer or Entrepreneur-Consumer exercises the Statutory Right of Revocation, the Consumer or Entrepreneur-Consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product or due to improper care of the Product or improper packaging of the Product when sending it back to the Seller. The liability of the Consumer or the Entrepreneur-Consumer may include, in particular, the inability to introduce the product for sale as a full-value product, the cost of reattaching tags and security elements to the product, as well as the cost of restoring the Product to a condition that allows its reintroduction for sale on the Online Store, including the cost of examination of the product by a specialist and the cost of removal of defects found as a result of such examination (to the extent that these defects result from the use of the product by the Consumer in a manner beyond the necessary to ascertain its nature, characteristics and functioning).
9.16 The statutory right of withdrawal shall not apply to the Consumer and the Entrepreneur-Consumer in the following circumstances:
a. if the 14-day period for informing the Seller about the will to withdraw from the sales contract is exceeded;
b. in situations referred to in Article 38 of the Law on Consumer Rights.
10. INTELLECTUAL PROPERTY RIGHTS
In this section, we indicate what intellectual property rights we protect on our website and what rules you must follow.
10.1 All rights to the Website, in particular, property copyrights, intellectual property rights to its name, Internet domain, as well as to the forms, legal documents, logos, trademarks, text, graphics, photos and other content posted by the Owner belong to the Owner, and the use of such content may be carried out only in accordance with the Terms and Conditions.
10.2 It is prohibited to copy, reproduce, modify, reproduce or distribute any part of the Website, the Service or its elements without the prior written consent of the Owner, except as expressly permitted by the provisions of applicable law and these Terms of Use. The Owner may take steps, including through legal proceedings, to protect its own interests and those of the Customers of the Website.
10.3 The rights to use, copy and distribute data available on the site are subject to the provisions of the Law on Copyright and Related Rights.
10.4 The use of the Website data for commercial purposes may be carried out after notifying the Owner and obtaining his written consent.
11. PROTECTION OF PERSONAL DATA
Check out how we take care of your personal information.
11.1 The principles of personal data protection are defined in the document "Privacy Policy".
11.2 The rules for the use of cookies on the Website are defined in the document "Cookies Policy".
12. PROVISIONS FOR NON-CONSUMER CUSTOMERS
If you are shopping on our Service, and you are not a consumer - this part of the terms and conditions is addressed to you.
12.1 This section of the Terms and Conditions and the provisions contained herein apply only to Customers who are not Consumers and Entrepreneurs - Consumers.
12.2 In accordance with Article 558 § 1 of the Civil Code, the Owner's liability under the warranty for the Product towards the Customer who is not a Consumer is excluded.
12.3 Neither the Owner nor its employees, authorized representatives and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally.
12.4 Whenever the liability of the Owner, its employees, authorized representatives and/or agents is established, such liability to a Customer who is not a Consumer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the Price paid for the last Service Contract and shall cover only the real damage suffered.
12.5 Any disputes arising between the Owner and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Owner.
12.6 With respect to Customers who are not Consumers, the Owner may amend the Terms and Conditions at any time under generally applicable laws.
13. FINAL PROVISIONS
13.1 The Regulations in version 1.0. shall come into force on 30.10. 2024.
13.2 The Regulations are available in Polish.
13.3 In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
13.4 Unless otherwise provided by mandatory provisions of law, the applicable law for the resolution of all disputes arising under these Terms and Conditions shall be Polish law.
13.5 In the event that the mandatory regulations of the country of the Customer's habitual residence provide for more favorable conditions for the Customer than the provisions of Polish law and the provisions of these Regulations, the provisions of the law of the country of the Customer's habitual residence shall apply.
13.6 The content of these Terms and Conditions may be subject to change in a situation in which the Seller modifies the manner or scope of its business operations or as a result of legal changes resulting in the need to supply the Terms and Conditions to generally applicable law. The Online Store will inform Users of any changes by posting information on the Online Store website, in the case of Users who have an active Customer Account - in the form of an e-mail message. Each person who receives the aforementioned message will be able to submit a statement of termination of contracts for the provision of electronic services (within no more than 14 days from the date of receipt of the message) implemented on the basis of these Regulations. The provisions of the Regulations in effect at the time the Order is placed shall apply to Orders placed before the amendments to the Regulations became effective.
13.7 Legal documents have been prepared by Legitimate Law Firm for Funlandia Sp. z o.o. and like many other Contents on the site are subject to copyright protection - please do not copy them.
by the Office of Legal Advisor Piotr Krajewski
Link to forms:
Complaint form
Withdrawal form
Legal documents have been prepared by Legitimate Law Firm, please do not copy their contents without our permission