Terms and Conditions |

REGULATIONS OF THE ONLINE STORE | GRIPPING BEAST LESZEK KANIA

www.grippingbeast.net

1. GENERAL CONDITIONS

The online store available at grippingbeast.net is run by GRIPPING BEAST LESZEK KANIA, Józefa Kraszewskiego 19/8 street, 60-501 Poznań, phone number: +48 691 518 774, e-mail address: info@grippingbeast.net, VAT NO PL: 7811386847, REGON no: 301101923, registered in Central Register and Information on Business kept by the Minister of Economy.
These regulations shall apply to all agreements concluded via grippingbeast.net webpage.
Definitions:
Online store – online store run by the Seller and available under the following address grippingbeast.net,
Regulations – the hereby regulations of online store referred to in Article 8 of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2002, no. 144, item 1204 with further amendments),
Seller – GRIPPING BEAST LESZEK KANIA, Józefa Kraszewskiego 19/8 street, 60-501 Poznań, phone number: +48 691 518 774, e-mail address: info@grippingbeast.net, VAT PL NO: 7811386847, REGON no: 301101923, registered in Central Register and Information on Business kept by the Minister of Economy,
Buyer – natural person with full capacity for legal actions as well as natural person with limited capacity for legal actions as stated in generally applicable laws, natural person conducting a business activity, legal person or entity with no legal personality who makes use of electronically supplied services provided by the Seller,
Registration form – form available in the online store which enables the opening of the account,
Account – marked with individual name (login) and password given by the Buyer, collection of resources in the Seller’s ICT system where the Buyer’s data are gathered including data on the orders already placed,
Order form – form available in the online store which enables the Buyer to place the order and its execution without opening the account,
Order – the Buyer’s statement which is an offer of product sales agreement with the Seller,
Sales agreement – the Special Product sales agreement within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) concluded via online store in Polish,
Project – historical costume or pieces of armor individually designed and manufactured in accordance to the Buyer’s specifications which enable the execution of the order whose subject-matter is the Special Product,
Special Product – any movable thing available in the online store which is a subject-matter of a sales agreement between the Buyer and the Seller; because of its individual features (e.g. available only on request) the property is subject to special sales rules,
Cart – a virtual tool which enables the Buyer to aggregate the chosen products before purchase and calculate their values. While choosing the Products the Buyer may manage the content of the cart by adding and removing the Products,
Promotion – a discount valid for given Special Products, which are the subject to the sales agreement between the Buyer and the Seller, during a specific period of time,
Proof of purchase – VAT invoice or any other document confirming the purchase of the Special Product,
Newsletter – electronically supplied service provided by Seller thanks to which all the Buyers may receive the most important information on the online store automatically on the emails provided to the Seller,
Attachment no. 1 – document, attached to these regulations, which enables submitting the claim referred to in § 5,
Attachment no. 2 – document, attached to these regulations, which enables placing the order via mail.
Services supplied electronically provided by the Seller include:
keeping the account in the online store,
concluding the sales agreement by completing the order form,
contact between the Buyer and the Seller in order to agree on the details of order realization, or in certain situations Project realization being a subject-matter of the order.
Prior to completing the order form or registration form along with creation of the account, the Buyer is asked to familiarize himself/herself with the content of the regulations and their acceptance.
The Buyer shall obtain the access to the account via login and password. Agreement concerning the keeping the account in the online store is made for the unspecified period of time and shall not entail any financial obligations for the Buyer. The agreement may be terminated in any moment by termination of the account in the online store or by sending the information on resignation by the Buyer to the following Seller’s email address: info@grippingbeast.net.
The online store organizes the promotions for chosen Special Products. The Seller lays down the rules concerning the promotions and makes them publicly available on the website of the online store.
Publications, advertisements, pricelists and other information on the Special Products found on this website, particularly their descriptions, technical parameters, application parameters and prices shall be treated as an invitation to conclude the agreement in accordance with the Article 71 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments).
In order to use the online store grippingbeast.net, it is necessary to have a computer with min. 200MHz processor, 64MB RAM, graphics card delivering resolutions of 800×600 and 256 colors as well as internet browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as keyboard or other pointing device which enables filling in the electronic forms.
The conditions of the hereby regulations do not aim to exclude or limit any rights of the Buyer who is a consumer in accordance with the Civil Code regulations of 23 April 1964 (Journal of Laws of 2014, item 121 with further amendments), granted by mandatory provisions of law. If case of any discrepancies, the mandatory regulations take the precedence to the hereby regulations.

2. ORDER PLACEMENT – CONDITIONS

The Buyer is obliged to use the online store in accordance with the law in force, principles of community life and decorum, respect the personal and ownership rights of the third parties.
The internet store sells its products on the territory of the Republic of Poland and
The Buyer may place the order in one if the following ways:
place the order via the account,
place the order by filling the form available on the website of the online store,
place the order via email.
All the Special Products available in the online store are original, brand-new (free from defects) and in accordance with the applicable standards and requirements.
Assortment of the online store grippingbeast.net consists of various appliances for historical reconstruction of the Early and the Late Middle Ages made for individual order – especially replica weapons, clothes, archery and other elements of weaponry as well as medieval accessories and jewellery.

The orders referred to in 3 a), b) and c) of this paragraph may be placed 24/7.
The Buyer is obliged to fill in the registration form and thereby open the account to place the order referred to in 3 a) of this paragraph in a proper way.

The Buyer is obliged to add the Product to the cart, fill in the order form available on the website of the online store and send it to the online store to place the order referred to in 3 b) of this paragraph and execute it in a proper way.
The Buyer is obliged to send the filled form (attachment no. 2) to the email address grippingbeast@gmail.com to place the order referred to in 3 c) of this paragraph and execute it in a proper way.
Orders referred to in 3 a), b) and c) of this paragraph are processed from Monday to Friday from 9 am till 5 pm.
Orders placed on weekdays after 5 pm, on Saturdays, Sundays and public holidays will be processed the next business day.
Each order having as its object the Special Product is executed according to the rules laid down separately with the Buyer – taking into account the Buyer’s individual needs. The above refers mainly to the Products’ adjustments and delivery terms of the orders.
In case of the Special Products available on request, the Seller may request the Buyer to make the prepayment in the amount of 50 % of the whole value of the ordered Special Product prior to processing the order.
In case of orders having as their object the Special Products or when the Project is prepared as a part of the order – the Buyer shall accept the conditions of order performance and the Project as well. After that, the Seller shall send the final version of individual Project to the email address given by the Buyer during its registration. In case of no acceptance, the process of order performance will not start.
The Buyer shall accept the Project referred to in point 14 of this paragraph in the form of an explicit written declaration stating that the Buyer accepts the version of the Project presented by the Seller. The statement shall be made within 7 days from the receipt of the email message referred to in point 14 of this paragraph.
The Seller shall send the confirmation of order placement and the acceptance of the order for completion to the Buyer by email.
The sales agreement will be concluded at the moment of receipt the email message referred to in point 16 of this paragraph.
No changes in orders having as their object the Special Product or the Project are allowed after the order performance is initiated unless such a possibility has been foreseen by both the Seller and the Buyer while laying down the rules of order performance or the Seller accepts the change.
Order having as its object the Special Product may be canceled by the Buyer who is a customer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) only up to the moment of receipt of a message referred to in point 16 of this paragraph.
The order performance (preparation of the order and preparation for the shipment) is usually 2 weeks. Yet, in case of the Special Products ordered on special request the time of order realization is agreed individually with the Buyer. This consultation time devoted to discuss the details between the Buyer and the Seller concerning the Special Product or the Project shall not be counted as time of order performance.
The Buyer shall be informed about non-availability of the Special Products. Hence, the Buyer may agree on an extended time of order realization, resign from the Special Product ordered or resign from the whole order. In case of non-availability of the Products, the estimated time of order realization is agreed individually with the Buyer and the average time is 2 weeks.
The Seller reserves the right to cancel the order if the Buyer has not provided the Seller with missing items necessary for the proper fulfillment of order, despite the Seller’s notification, within 7 days from the notification.

3. PAYMENTS

Prices given in the store are gross prices expressed in EUR and they include VAT but exclude customs duties. Prices do not include the costs of delivery which are calculated during the order placement.
Buyer shall be notified on each occasion about the whole value of the order before the order is placed.
Proof of purchase (VAT invoice) is attached to each order.
In the event that the Buyer not being a consumer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) for the purpose of order realization, the Seller is hereby authorized to issue VAT invoice without the receiver’s signature.
The Buyer may choose one of the following payment methods for the Special Products ordered:
payment at the personal pick-up,
payment via ordinary bank transfer or online transfer to the Seller’s bank account,
payment via PayPal,
cash on delivery.
The Buyer shall choose the payment method while placing the order.
If the Buyer chooses to pay as stated in 5 b) of this paragraph, the Special Products are dispatched after booking 100 % of the order value into the Seller’s account.
If the Buyer chooses to pay as stated in 5 c) of this paragraph, the Special Products are dispatched after the positive authorization of 100 % of order value.
If the Buyer chooses to pay as stated in 5 d) of this paragraph, the Special Products are dispatched immediately, however not later than 72 hours after the order placement by the Buyer (refers to situations when the Products are in stock).
If the Buyer chooses to pay as stated in 5 b), c) and d) of this paragraph and does not pay within 7 days from the date of order confirmation, the Seller shall request the Buyer to make the payment. If a request proves fruitless, the Seller has a right to cancel the order and inform the Buyer about it by email or by phone.

4. DELIVERY

The Buyer may choose one of the following ways of acceptance of the goods ordered:
personal receipt of the Special Products ordered after prior consultation with the Seller,
delivery of the Special Products by courier company to the Buyer’s address given while placing the order,
delivery of the Products by Poczta Polska mail service to the Buyer’s address given while placing the order.
The Buyer shall choose the way of delivery while placing the order.
The Buyer shall cover the costs of delivery.
The Seller undertakes to pay the costs of delivery if the order value exceeds 1000 EUR or the equivalent sum calculated on the basis of the average of exchange rates of the National Bank of Poland applicable on the day of order placement. However, the parcel dimensions shall not exceed the standard parcel dimensions determined by Poczta Polska mail service or a given courier company.
Delivery costs are calculated in accordance with the current pricelists and depend on the weight and dimensions of the parcel. The Buyer shall be notified about the delivery costs while placing the order. In case of delivery outside of the country, the delivery costs are calculated individually on the basis of estimated weight of the parcel and its country of destination.
The Seller undertakes to provide the Buyer with the Special Products free from defects.
The Buyer undertakes to collect the Special Product shipped.

5. CLAIMS

The Seller recommends to check the content of the parcel in a presence of courier or Poczta Polska employee. Not checking does not exclude the possibility of a claim. However, the act of checking the parcel accelerates the claim process.
The above shall not apply to an entrepreneur within the meaning of Article 43 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) who is obliged to check the parcel in the presence of courier or Poczta Polska employee.
If it is stated that the Special Product is defective, the Buyer shall inform the Seller about that.
The claim shall include the Buyer’s data, description of the fault of the Product, information when the fault occurred and the Buyer’s demand. In order to smooth the claim process, the Seller makes the Attachment no. 1 available on the website.
The receipt or its copy shall be attached to the claimed Special Product.
The Buyer shall send the claimed Special Product back.
Claims shall be address to ::

GRIPPING BEAST LESZEK KANIA, Józefa Kraszewskiego 19/8 street, 60-501 Poznań,

or by sending an mail to: info@grippingbeast.net.

If any information or data is missing in the claim, prior to considering the claim the Seller shall request the person who lodged the claim to complete the missing data in a given scope.
The Seller undertakes to reply to the claim submitted by the Buyer within 14 days. Lack of response on the Seller’s side after this time, results in a complaint found justified.
The Seller shall have the liability for any warranty claims if the defect is detected within 2 years after the Product is handed over to the Buyer.
Insignificant differences resulting from individual settings of the Buyer’s computer – particularly settings of the screen – shall not be the basis for any claim of the Special Product purchased.

6. WARRANTY

All goods offered in the online store are under warranty granted by the manufacturer.
Details of guarantee procedure may be found on the guarantee card attached to the Special Product.
The warranty does not exclude, limit or suspend the Buyer rights on grounds of the Seller’s liability for physical and legal defects of the Special Product in compliance with the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments).

7. WITHDRAWAL FROM THE AGREEMENT

The Buyer, who is a consumer in accordance with the Article 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) has a right to withdraw from a remote agreement within 14 days from the moment of goods receipt without giving any reason.
The above right shall not apply in the following cases:
service contracts after the service has been fully performed if the performance has begun with the Buyer’s prior express consent, and with the acknowledgement that he (the Buyer) will lose his right of withdrawal once the contract has been fully performed by the Seller,
the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period,
the supply of non-prefabricated goods made to the Buyer’s specifications or clearly personalized,
the supply of goods which are liable to deteriorate or expire rapidly,
the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by Buyer after delivery,
the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller,
agreements where the Buyer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Buyer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods,
the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,
contracts concluded at a public auctions,
the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance,
the supply of digital content which is not supplied on a tangible medium if the performance has begun with Buyer’s prior express consent and his acknowledgement that he hereby loses his right of withdrawal.
In conjunction with section § 7. point 2 c), entitlement referred to in point 1 of this paragraph does not refer to orders whose subject matter are the Special Products.
The provision included in point 11 of this paragraph is connected to the specific nature of the Special Products, i.e. non-prefabricated goods, made to the Buyer’s specifications or clearly personalized.
The provisions of this paragraph shall not be applied to the Buyers who are not consumers within the meaning of the Article 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) i.e. persons making the legal actions related to their profession or business activity – in this event the right to withdraw from the sales agreement is excluded.

8. PROTECTION OF PERSONAL DATA

The Buyer, while filling the order form or registration form and starting the account, is requested to agree on processing his/her personal data by the Seller pursuant to the Act on Protection of Personal Data of 29 August 1997 (Journal of Law, no. 133, item 883).
The Seller shall process the personal data only in order to provide the services referred to in point 4 in § 1 of hereby regulations.
The personal data of the Buyer shall not be revealed to the third parties or institution for marketing purposes without the Buyer’s prior express consent.
The Buyer has a right to access his/her personal data for the purpose of verification, modification or removal from the Seller’s data base.
Detailed information about data protection can be found in document Privacy Policy at grippingbeast.net.

9. PROTECTION OF COPYRIGHT

All the pictures of sample Special Products and other materials (including texts, graphics, logotypes) published at grippingbeast.net are owned by the Seller or have been used with consent of third parties who are holders of copyrights.
Prohibited is the copying of the pictures, other graphic materials and reprinting of texts published at grippingbeast.net including making them available online without the Seller’s written consent or the third party who is holder of copyrights.
Prohibited is also downloading pictures from the grippingbeast.net website for marketing and commercial purposes.
Use of the above mentioned materials without the Seller’s written consent or other third parties who are holders of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.

10. FINAL PROVISIONS

The Seller reserves the right to impose limitations in online store services due to technical service, repair works or improvement works. At the same time, the Seller undertakes all the reasonable endeavors to make sure that all the above mentioned works are done at night and last as short as possible.
The Seller reserves the right to change the regulations. The changes enter into force at a time specified by the Seller, however not earlier than 7 days from their announcement. Orders placed before the aforementioned changes will be fulfilled in accordance with the arrangements valid in the moment of order placement.
Any disputes between the sides shall be resolved by conciliation. However, in the absence of amicable settlement, the competent court for any disputes is the court competent for the Seller’s headquarters.
This regulation shall not apply to consumers within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) where all the disputes shall be settled amicably or in the presence of independent and impartial mediator. In the event that no amicable resolution is reached, even through mediation, jurisdiction of the court shall be determined according to the rules generally applicable in the Republic of Poland.
Any matters not regulated by the hereby regulations will be regulated by adequate Polish provisions, particularly the Acts of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 with further amendments) and the Acts of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and others.
These regulations come into force on 26 April 2016.