TERMS AND CONDITIONS OF THE FURY-ZONE.COM ONLINE STORE
The online store www.Fury-zone.com operating under the brand name Fury is a platform operated by Gamedot Spółka z ograniczoną odpowiedzialnością, ul. Lema 16, 62-050 Mosina, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Economic Department of the National Court Register no. 0000421155, NIP 699-195-40-27, REGON 302074269, with a share capital of PLN 5,000.00 (hereinafter also referred to as: "Gamedot Sp. z o.o.").
DEFINITIONS.
The terms used in these Regulations shall mean:
- Fury-zone.com - online store operating at www.fury-zone.com/sklep, selling goods via the Internet.
- Working days - all days of the week from Monday to Friday, excluding public holidays.
- Order processing time - the time it takes for the Store to complete an order and transfer it to the carrier carrying out the form of delivery chosen by the Customer.
- Customer - a natural or legal person or an organizational unit without legal personality, but having the capacity to perform legal actions, making purchases in the Store, having a customer account.
- Consumer - a customer who is a natural person making a legal transaction with Fury-zone.com that is not directly related to his/her business or professional activity, who has a Customer account under the terms of these Regulations.
- Entrepreneur with the rights of a Consumer - a customer who is a natural person making a legal action directly related to his/her business activity, when the content of the action shows that it does not have a professional character for this entrepreneur, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity, who has a Customer account on the principles set forth in these Regulations.
- Customer's account - a database containing Customer's data used to execute placed orders, order history, Customer's preferences regarding selected store functionalities, data on payments and overpayments for orders;
- Traditional transfer - payment made by the customer in a bank through an online or stationary account or at the post office.
- Electronic transfer - payment made by the customer from an online bank account through an online payment system.
I. ACCEPTANCE AND PROCESSING OF ORDERS.
- Fury-zone.com sells goods via the Internet. Information about the goods Fury-zone.com posts on the website www.fury-zone.com.
- A customer of Fury-zone.com may be a natural person with full or limited legal capacity and a legal person.
- Orders from Customers are accepted through the website www.fury-zone.com 7 days a week and 24 hours a day (except for technical interruptions necessary for system updates).
- To make purchases at Fury-zone.com it is necessary to have an active e-mail account.
- The customer, by sending an order to Fury-zone.com, makes an offer to enter into a contract of sale of the ordered goods with Fury-zone.com. The confirmation of order acceptance sent by Fury-zone.com to the e-mail address provided by the Customer constitutes a statement of acceptance of the offer referred to above. Fury-zone.com has the right to request confirmation from the Customer.
- In order to place an order, the Customer must make:
- selection of the ordered goods,
- choice of delivery method and delivery address,
- choice of payment method,
- acceptance of the terms and conditions.
- Fury-zone.com will confirm to the Customer who is a Consumer the conclusion of the contract via e-mail to the Consumer's e-mail address indicated in the order form.
- Acceptance of our offer means that you thereby express your request for a VAT invoice as a document confirming the purchase of goods in accordance with the provisions of the goods and services tax. Invoices for the purchased product are sent in electronic form (PDF file). Accordingly, your acceptance of our offer is at the same time your consent to the sending of invoices in electronic form, in accordance with the goods and services tax regulations.
II. CHANGES TO ORDERS.
- Making changes is possible by contacting Customer Service via the contact form on the help pages or by sending an e-mail from the address used when placing orders to [email protected].
- Modifications regarding: the Customer's address, delivery address and including refund orders will be accepted only through the contact form on the Help pages or by sending an email from the address used when placing orders to [email protected].
III. PRICES OF GOODS
- All prices of goods posted on the website Fury-zone.com:
- are given in Polish zloty,
- include VAT,
- do not include information on delivery costs.
- The price listed next to each good is binding at the time of placing an order by the Customer.
- Delivery costs will be included as a separate item on the sales document. Delivery of goods is carried out in the manner selected by the Customer and specified in the order. The current table containing information on delivery costs is available when placing an order.
IV. ORDER PROCESSING TIME.
- The expected time to prepare the order for shipment is max. 48 hours. This is the time that elapses from the acceptance of the order for processing until the package is transferred from Fury-zone.com to the carrier making the delivery, only working days are taken into account.
- The order is delivered to the customer via a courier service.
- For selected goods, Fury-zone.com reserves the right to exclude some forms of delivery.
- The customer, receiving the shipment with the order, should check the condition of the package. In case of damage or violation of packaging, a damage protocol should be drawn up in the presence of the courier. The damage protocol sent to Fury-zone.com together with the complaint will facilitate its processing.
V. FORMS OF PAYMENT. START OF ORDER PROCESSING.
- The customer may choose the following forms of payment for the ordered goods:
- payment on delivery. Order processing begins after the ordering process is completed,
- bank transfer, electronic transfer, payment card via online payment system. Order processing begins after Fury-zone.com receives confirmation of the correct execution of the operation from the payment operator, in the case of bank transfer - after the payment is received in the account of Fury-zone.com.
- In the case of selected goods, for Customers who are not Consumers, Fury-zone.com reserves the right to exclude some forms of payment for the order.
- In the case of an order placed by Consumers, Fury-zone.com, before placing the order, provides information on delivery restrictions and accepted payment methods.
VI. NON-CONFORMITY OF GOODS WITH THE CONTRACT. COMPLAINTS.
- Fury-zone.com shall be liable to the Customer if the purchased goods are not in conformity with the contract.
- Goods are in conformity with the contract if, in particular, their description, type, quantity, quality, completeness and functionality remain in conformity with the contract, and with respect to goods with digital elements - also compatibility, interoperability and availability of updates,
- In addition, in order to be considered in compliance with the contract, the goods must:
- be suitable for the purposes for which Goods of this kind are usually used, taking into account applicable laws, technical standards or good practices,
- appear in such quantity and have such characteristics, including durability and safety, and, with respect to Goods with digital elements, also functionality and compatibility, as are typical for Goods of that kind and which the Consumer or Entrepreneur with the rights of the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance made by Fury-zone.com or persons acting on their behalf, in particular in advertising or on a label, unless Fury-zone.com demonstrates that:
- it did not know of the public assurance in question and, judging reasonably, could not have known of it,
- prior to the conclusion of the contract, the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner,
- the public assurance did not affect the decision of the Consumer or the Entrepreneur with the powers of the Consumer to conclude the contract
- be delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with the rights of the Consumer may reasonably expect to be delivered,
- Fury-zone.com shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in paragraph 3 above, if the Consumer or Entrepreneur with the rights of the Consumer, at the latest at the time of the conclusion of the contract, was expressly informed that a specific feature of the goods deviates from the requirements of conformity with the contract specified in paragraph 3 above, and expressly and separately accepted the lack of a specific feature of the goods.
- Fury-zone.com shall be liable for the lack of conformity of the goods with the contract resulting from improper installation of the goods, if:
- it was carried out by or under the responsibility of Fury-zone.com,
- the improper installation carried out by the Consumer or the Entrepreneur with the authority of the Consumer was due to errors in the instructions provided by the Entrepreneur or a third party.
- Fury-zone.com shall be liable for the lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by Fury-zone.com or persons acting on their behalf, is longer. The lack of conformity of the goods with the contract, which is revealed before the expiration of two years from the time of delivery of the goods, shall be presumed to have existed at the time of delivery of the goods, unless the contrary is proven or the presumption cannot be reconciled with the specifics of the goods or the nature of the lack of conformity of the goods with the contract.
- Fury-zone.com may not rely on the expiration of the time limit for determining the non-conformity of the Goods with the contract specified in paragraph 6 above, if it has deceitfully concealed the non-conformity.
- If the Goods are not in conformity with the contract, the Consumer or Entrepreneur with the rights of the Consumer may demand repair or replacement.
- Fury-zone.com may make a replacement when the Consumer or Entrepreneur with Consumer rights demands a repair, or Fury-zone.com may make a repair when the Consumer or Entrepreneur with Consumer rights demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the Consumer or Entrepreneur with Consumer rights is impossible or would require excessive costs for Fury-zone.com. If repair and replacement are impossible or would require excessive costs for Fury-zone.com, it may refuse to bring the goods into conformity with the contract.
- In assessing the excessive cost to Fury-zone.com, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Goods with the contract, the value of the goods in conformity with the contract and the excessive inconvenience to the Consumer or the Entrepreneur with the rights of the Consumer arising from the change in the manner of bringing the goods into conformity with the contract.
- Fury-zone.com shall repair or replace the goods within a reasonable time from the moment Fury-zone.com is informed by the Consumer or Entrepreneur with the rights of the Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer or Entrepreneur with the rights of the Consumer, taking into account the nature of the goods and the purpose for which the Consumer or Entrepreneur with the rights of the Consumer purchased them. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by Fury-zone.com.
- The Consumer or Entrepreneur with the rights of the Consumer shall make the goods subject to repair or replacement available to Fury-zone.com. Fury-zone.com shall collect the goods from the Consumer or Entrepreneur with the rights of the Consumer at its expense.
- If the goods were assembled before the goods became incompatible with the contract, Fury-zone.com disassembles the goods and reassembles them after repair or replacement, or has them done at its expense.
- The Consumer or Entrepreneur with the rights of the Consumer shall not be obliged to pay for the ordinary use of the goods that are subsequently replaced.
- If the goods are not in conformity with the contract, the Consumer or Entrepreneur with the rights of the Consumer may submit a statement of price reduction or withdrawal from the contract when:
- Fury-zone.com has refused to bring the goods into conformity with the contract in accordance with paragraph 9 above,
- Fury-zone.com has failed to bring the goods into conformity with the contract in accordance with paragraph 11 to paragraph 13 above,
- the lack of conformity of the goods with the contract continues even though Fury-zone.com has tried to bring the goods into conformity with the contract,
- the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first resorting to the remedies specified from. 8 to paragraph 13 above,
- it is clear from Fury-zone.com's statement or circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer or the Entrepreneur with the rights of the Consumer.
- Fury-zone.com shall refund to the Consumer or Entrepreneur with the rights of the Consumer, the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with the rights of the Consumer about the price reduction.
- The Consumer or Entrepreneur with the rights of the Consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
- If the lack of conformity with the contract concerns only some of the goods delivered under the contract, the Consumer or Entrepreneur with Consumer's rights may withdraw from the contract only with respect to these goods, as well as with respect to other goods acquired by the Consumer or Entrepreneur with Consumer's rights together with the non-conforming goods, if the Consumer or Entrepreneur with Consumer's rights cannot reasonably be expected to agree to keep only the conforming goods.
- In the event of withdrawal from the contract, the Consumer or Entrepreneur with the rights of the Consumer shall immediately return the goods to Fury-zone.com at its expense to the address: Gamedot Sp. z o. o., 16 Lema Street, 62-050 Mosina.
- To speed up the complaint process, it is recommended to attach the proof of purchase and a description of the defect to the returned goods.
- Fury-zone.com, upon receipt of the parcel with the advertised goods, will respond to the submitted complaint and inform the Customer about further proceedings. Costs associated with the return of the advertised goods (economy parcel), Fury-zone.com will reimburse after a positive resolution of the complaint in accordance with the procedure described in Section IX Refunds to Customers. Overpayments.
- Fury-zone.com shall refund the price to the Consumer or Entrepreneur with the rights of the Consumer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
- Fury-zone.com shall refund the price using the same method of payment used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer has expressly agreed to a different method of return that does not involve any costs for the Consumer.
- Any complaints related to the goods. Consumer or Entrepreneur with the rights of a Consumer may address in writing to fury-zone.com or email [email protected].
- Fury-zone.com will respond to the complaint of the goods within 14 days from the date of the request containing the complaint.
- Fury-zone.com does not use the out-of-court dispute resolution referred to in the Act of September 23, 2016 on out-of-court resolution of consumer disputes.
VII. WARRANTY. WARRANTY FOR ENTREPRENEURS.
- Goods may be covered by a manufacturer's or distributor's warranty. Detailed terms of the warranty and its duration are given in the warranty card issued by the guarantor. The manner of exercising rights under the warranty is specified in the warranty card.
- The provisions of the Civil Code on warranty are excluded when the Customer is an entrepreneur other than an Entrepreneur on consumer rights.
VIII. RIGHT OF WITHDRAWAL.
- Customers who are Consumers and Entrepreneurs on the rights of the Consumer may withdraw from the contract without giving any reason and incurring costs within 14 days, whereby the Consumer or Entrepreneur on the rights of the Consumer shall bear the direct costs of returning the item.
- The period for withdrawal from the contract begins:
- for a contract in the performance of which Fury-zone.com delivers the thing, being obliged to transfer its ownership - from taking possession of the thing by the Consumer or Entrepreneur on the rights of the Consumer or a third party indicated by them other than the carrier, and in the case of a contract that:
- involves multiple things that are delivered separately, in batches or in parts - from taking possession of the last thing, batch or part;
- involves the regular delivery of things for a specified period of time - from taking possession of the first thing;
- for other contracts - from the date of conclusion of the contract.
- The right of withdrawal does not apply to the Consumer or Entrepreneur on the rights of the Consumer in cases:
- contracts in which the subject of performance are things that after delivery, due to their nature, are inseparably combined with other things;
- contracts in which the subject of performance are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- contracts for the supply of newspapers, periodicals or magazines, except for a subscription contract;
- contracts for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal;
- in which the subject of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery.
- The Consumer or Entrepreneur on the rights of the Consumer should make a statement of withdrawal from the contract, which can be made in any form. To meet the deadline it is sufficient to send the statement before its expiration by mail to the address: Gamedot Sp. z o. o., 16 Lema St., 62-050 Mosina or by e-mail to: [email protected]. Upon the Customer's request, Fury-zone.com will provide the Customer with a sample withdrawal statement form. The model statement is also Appendix No. 2 to the Act of May 30, 2014 on Consumer Rights (i.e. Journal of Laws of 2024, item 1796). Fury-zone.com provides the possibility to submit a statement of withdrawal by means of a form at https://pl.fury-zone.com/complaint (notification type "Return of goods") and a model statement of withdrawal at https://pl.fury-zone.com/[...].pdf.
- Upon receipt of the statement of withdrawal by the Consumer or Entrepreneur on the rights of the Consumer, Fury-zone.com will immediately confirm its receipt via e-mail, to the address through which the statement was sent.
- The Consumer or Entrepreneur on the rights of the Consumer with the withdrawal from the contract must immediately return the goods to Fury-zone.com, but no later than within 14 days from the day on which he or she withdrew from the contract For safety reasons, it is recommended to return the goods in the original, intact packaging.
- Returned goods Consumer or Entrepreneur on the rights of the Consumer should deliver to the address: Gamedot Sp. z o. o., 16 Lema St., 62-050 Mosina.
- The Consumer or Entrepreneur on the rights of the Consumer is responsible for the reduction in the value of the item resulting from using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the item. Fury-zone.com may reduce the amount of the return by the value of this diminution (e.g., the cost of restoring the goods to a condition that allows further sale), while the lack of original packaging does not in itself prevent withdrawal."
- Fury-zone.com shall refund all payments made by the Consumer or Entrepreneur on the rights of the Consumer (the price of the goods) within 14 days from the date of receipt of the declaration of withdrawal, in accordance with the rules described in Section IX Refunds to Customers.
IX. REFUND TO CUSTOMERS. PAYMENTS.
- In the event of circumstances obligating Fury-zone.com to refund payments made by the Customer, Fury-zone.com shall refund all payments made by the Customer, no later than within 14 days.
- Fury-zone.com shall refund the payment using the same method of payment that was used, unless the Customer has expressly agreed to a different method of refund that does not involve any additional costs for the Customer.
- If the Customer made payment by credit card or electronic transfer, the refund shall be made to the bank account from which the payment was made. In the case of payment by traditional transfer, payment on delivery or when, for reasons beyond the control of Fury-zone.com, it is impossible to identify the bank account from which the payment was made, the refund will be made after Fury-zone.com receives the refund instruction from the Customer. The refund will be transferred to the Customer's bank account only on the basis of the Customer's instruction. The instruction is communicated to Fury-zone.com via the contact form on the Help pages or by sending an email from the address used when placing the order to [email protected]. Fury-zone.com reserves the right to verify the identity of the Customer submitting the return instruction.
- Fury-zone.com shall not be liable for failure to make a refund or delay of the return date if the Customer who is not a Consumer, despite a request sent to his/her email address, fails to indicate the bank account number to which the payment is to be made or if he/she fails to provide Fury-zone.com with all the data necessary to make the payment. Fury-zone.com shall not be liable for failure to make a refund or its delay if this occurred due to the Customer providing incorrect personal information (name, surname, address) or an incorrect account number.
X. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT.
- According to the Act of July 29, 2005 on used electrical and electronic equipment (Journal of Laws No. 180, item 1495), the customer, when buying electrical or electronic equipment, has the right to return the old (used) equipment of the same type to the store where he bought the new product. Gamedot Sp. z o.o. customers wishing to take advantage of this opportunity are asked to send back used equipment to the address: Gamedot Sp. z o.o., 16 Lema Street, 62-050.
- The cost of shipping used equipment shall be borne by the Customer.
XI. PERSONAL DATA.
- The administrator of personal data is Fury-zone.com
- Personal data provided in the forms are treated as confidential and are not visible to unauthorized persons
- By placing an order with Fury-zone.com, the Customer consents to the inclusion of his personal data in the Fury-zone.com database and to its processing for the purpose of fulfilling the contract. Provision of personal data by the Customer is voluntary, however, lack of consent to their processing prevents Fury-zone.com from fulfilling the order. The customer is responsible for providing false personal data.
- Personal data are protected in accordance with the Act of May 10, 2018 on the protection of personal data (i.e. Journal of Laws of 2019, item 1781) in a manner that prevents access by third parties. Detailed rules for the processing of personal data are set out in the privacy policy available at https://pl.fury-zone.com/polityka-prywatnosci.
- If the Customer gives additional consent, personal data will be processed by Fury-zone.com in order to inform the Customer about new goods, promotions and services available at Fury-zone.com.
- Customers of Fury-zone.com have the right to inspect their personal data, correct it and request its deletion.
- Contact with the person who supervises the processing of personal data in the Fury-zone.com organization is possible by e-mail at: [email protected]
- Fury-zone.com has the right to share the Customer's personal data and other data of the Customer with entities authorized under applicable law (e.g. law enforcement agencies).
XII. CONTACT WITH THE STORE.
The Customer may contact the Store by mail to the address: Gamedot Sp. z o. o., 16 Lema St., 62-050, electronically by writing to: [email protected] and at phone number: 570 578 573, as well as using the form in the Contact tab.
XIII. FINAL PROVISIONS.
- The contract of sale is concluded between the Customer and Gamedot Ltd.
- Goods presented on the pages of Fury-zone.com do not constitute an offer within the meaning of the Civil Code. Information about goods on the website does not mean that the goods are available in the warehouse of Fury-zone.com or its suppliers.
- Fury-zone.com is not responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Customer, or for the deletion and blocking of e-mail messages by software installed on the computer used by the Customer.
- Fury-zone.com shall not be responsible for any errors in the processing of the Customer's order or other instructions, resulting from the transmission of incorrect data by the Customer.
- Fury-zone.com is not responsible for transactions made by unauthorized third parties who have gained access to the Customer's account as a result of the Customer's failure to exercise caution when using the login and password to the account.
- Fury-zone.com uses cookies to observe the use of www.fury-zone.com. The types of cookies used by the Store are:
- Session cookies - they work only when browsing the pages of the website allowing them to function properly,
- Permanent cookies - remain on your computer after visiting www.Fury-zone.com,
- Cookies of external entities - allow to adjust the displayed page to the customer's preferences.
- The Customer has the possibility to use the website without using the cookie mechanism, but this may mean that some functions or services of Fury-zone.com will not work properly. If the Customer does not agree to the use of cookies, he or she should, at any time, select in the browser settings the option to reject cookies or to signal their transmission.
- In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Law on Consumer Rights.
- No provision of these Regulations should be interpreted as limiting or excluding the rights of the Consumer, which arise for him under generally applicable laws. If it turns out that any provision of these Terms and Conditions is inconsistent with the provisions protecting the interest of the Consumer - in legal relations between Fury-zone.com and a Customer who is a Consumer or an Entrepreneur on the rights of a Consumer, the relevant provisions of commonly applicable law shall apply, ignoring the inconsistent provisions of these Terms and Conditions.
- These Terms and Conditions are effective as of 01.01.2021.
- Fury-zone.com reserves the right to change the Terms and Conditions in case of changes in legislation, introduction of new functionalities of the online store or commencement of new services. Fury-zone.com will inform all Customers about the planned changes to the Terms and Conditions by e-mail. Any changes to the Terms and Conditions shall become effective on the date indicated by Fury-zone.com, not less than 7 days from the date of informing Customers and making them available on Fury-zone.com. Orders placed before the effective date of changes to these Regulations shall be fulfilled on the basis of the provisions in force on the date of the order.
- These Regulations have been drawn up in Polish and English. In case of discrepancies between the versions, the Polish version shall prevail.