TERMS AND CONDITIONS
TERMS AND CONDITIONS
Postal address – first and last name or the name of the institution, location (for cities divided into streets: street name, building number, house or flat number; for cities not divided into streets: name of the city and property number), post code and city name.
Address for complaints:
Awaken Realms sp. z o.o.
Powstańców Śląskich 118
Delivery price list – price list shown in your cart, after proceeding to checkout faze, that determines cost of shipping.
Awaken Realms sp. z o.o.
telephone no.: +48 (609 480 075)
Delivery – a type of transport service together with a specification of the carrier and the cost, listed in the delivery price at checkout
Proof of purchase – invoice, bill or receipt issued according to the act on goods and services tax of 11 March 2004 as amended and other applicable legal provisions.
Product data sheet – an individual subpage of the outlet containing information on an individual product.
Customer – an adult individual with full legal capacity, a legal entity or organizational unit without legal personality but with capacity to perform legal acts, making a purchase from the Seller related to its commercial or professional activity.
Civil Code – the civil code act of 23 April 1964 as amended.
Good practices code – a set of principles of conduct, in particular ethical and professional norms, as described in art. 2 item 5 of the act on prevention of unfair market practices of 23 August 2007 as amended.
Consumer – an adult individual with a full capacity to perform legal acts, making a purchase from the Seller not directly related to its commercial or professional activity.
Basket – a list of products compiled from the products offered in the outlet based on the Buyer’s selection. Buyer – both the Consumer and the Customer. Place of issue of goods – postal address or collection point indicated in the order by the Buyer. Time of issue of goods – the time at which the Buyer or a third person authorized by them to collect the goods takes possession of them. Payment – a method of making payment for the subject of the agreement and delivery Consumer law – the act on consumer rights of 30 May 2014. Product – the minimum and indivisible amount of an item which may be subject of an order and which is listed in the Seller’s outlet as the unit of measure to determine its price (price/unit). Subject of the agreement – products and delivery which are subject of the agreement. Subject of service – subject of the agreement. Collection point – place of issue of items which is not a postal address, specified in the summary made available by the Seller in the outlet. Item – a moveable item which may be or is the subject of an agreement.
Awaken Realms sp. z o.o.
Powstańców Śląskich 118
Tax ID No. (NIP): 8961538288,
System – a network of IT equipment and software operating together which ensures processing and storage, as well as sending and receiving data through ICT networks with the use of an end device adjusted to the individual type of network, commonly called the Internet. Completion time – the number of hours or working days indicated in the data sheet. Agreement – an agreement concluded outside of the entrepreneur’s location or remotely according to the definition of the act on consumer rights of 30 May 2014 in case of Consumers and a sale agreement in the definition of art. 535 of the civil code act of 23 April 1964 in case of Buyers. Defect – both a physical defect and a legal defect. Physical defect– inconsistency between the item sold and the agreement, in particular if the item:
· does not have the properties which this type of item should have due to the purpose indicated in the agreement or resulting from the circumstances or the intended purpose;
· does not have the properties which the Seller has ensured the Consumer it would have,
· is not fit for the purpose about which the Consumer has informed the Seller while concluding the agreement, and the Seller has not expressed any reservations regarding such a purpose;
· was issued to the Consumer in an incomplete state;
· in case of its incorrect installation and start up, if those activities were performer by the Seller or a third party for whose actions the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
· does not have the properties which it was supposed to have according to the manufacturer or its agent or person who introduced it for sale within its commercial activity and a person who by placing their name, trade mark or other marking distinguishing them as the manufacturer on the sold item, unless the Seller did not know about those declarations nor could have reasonably known or they could not have influenced the Consumer’s decision to conclude the agreement, or if their contents have been corrected before conclusion of the agreement.
Legal defect – where the item sold constitutes property of a third person or is encumbered with a third party’s rights, also if a limitation in using or disposing of the item results from a decision or judgment of the appropriate body.
Order – statement of will of the Buyer submitted via the outlet, determining clearly: the type and number of products; type of delivery; payment method; place of issue of the item, data of the Buyer, with the direct intent to conclude an agreement between the Buyer and the Seller.
§2 General provisions
1. An agreement is concluded in Polish, according to the Polish law and these terms and conditions.
2. The place of issue of the item does not have to be located in the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver items free of defects.
4. All prices provided by the Seller are expressed in the chosen currency (Dolar, Euro and Great Britain Pound) and are gross prices (inclusive of VAT). The prices of products do not include delivery costs which are determined in the delivery price list.
5. All terms are calculated according to art. 111 of the Civil Code, i.e. a term indicated in days ends on the last day, and if the start of a term indicated in days is a certain event, the day on which the event occurs is not taken into account while calculating the term.
6. Confirmation, publication, recording, securing of all essential provisions of the agreement in order to gain access to this information in the future, is carried out as follows:
1. confirmation of the order provided by sending the following documents to the indicated e-mail address: the order, pro forma invoice, information on the right to withdraw from the agreement, these terms and conditions in pdf format, links to download the terms and conditions and the agreement withdrawal template;
2. attaching printed copies of the following documents to the order sent to the indicated place of issue of the item: proof of purchase, information on the right to withdraw from the agreement, these terms and conditions, agreement withdrawal template.
7. The Seller provides information on any guarantees known to it granted by third parties in relation to the products offered within the outlet.
8. The Seller does not charge any fees for communication with the Customer using remote communication means, while the Buyer shall incur related costs at the amount arising from the agreement concluded between the Customer and a third party which provides specific services for its benefit allowing remote communication.
9. The Seller ensures correct operation of the outlet for the Customer accessing the system via the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, a screen of horizontal resolution above 1024 px. The use of third parties’ software which influences the functioning and functionality of the browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may have an impact on the correct functioning of the outlet, therefore for the purpose of achieving full functionality of the outlet sklep.boardanddice.pl or shop.boardanddice.com, it should be turned off.
10. The Buyer may use the function allowing the outlet to remember its data in order to simplify the process of placing subsequent orders. For this purpose, the Buyer should provide a user login and a password, necessary to gain access to the personal account. The login and password are a sequence of characters determined by the Buyer who is obliged to keep them secret and to protect them from unauthorized access of third parties. The Buyer is able at any time to view, correct, update and delete the account kept by the outlet.
11. The Seller complies with the good practices code.
§3 Conclusion of an agreement and its fulfilment
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should take at least the following actions, while some of them may be repeated numerous times:
1. adding a product to the basket;
2. selecting the delivery type;
3. selecting the payment method;
4. selecting the place of issue of the item;
5. placing an order with the shop by using the button determining the payment method: “PAY WITH YOUR CARD OR YOUR PAYPAL ACCOUNT”.
3. Conclusion of an agreement with the Consumer takes place at the time of the order being placed.
4. Fulfilment of the Consumer’s order which is payable on collection takes place at a given time, estimated in the product itself.
5. Fulfilment of the product might be delayed, as stated in product description. Customer agrees, that transaction taking place in this case is treated as pre-order of given item and will be realized in estimated time listed in the product description.
6. The subject of the agreement is posted within a term specified in the product data sheet, and for orders complied of many products, within the longest term from the ones specified in product data sheets. The term is calculated from the order fulfilment time.
7. The purchased subject of the agreement is sent together with a purchase document selected by the Buyer using the delivery type selected by the Buyer to the place of issue of items indicated by the Buyer in the order, together with attachments described in §2 item 6b.
§4 Right to withdraw from the agreement
1. The Consumer has the right, pursuant to art. 27 of the consumer law, to withdraw from the agreement concluded remotely without stating reasons and without incurring costs, except for the costs specified in art. 33, art. 34 of the consumer law.
2. The withdrawal term for an agreement concluded remotely is 14 days from the time of the item being issued, while to comply with this term it is enough to send a relevant statement before its end.
3. The statement of withdrawal from the agreement may be submitted by the Consumer on the template form constituting appendix no. 2 to the consumer law, on the form available at http://shop.boardanddice.com/pl/content/8-przydatne-dokumenty-wzory or in another form according to the consumer law.
4. The Seller shall immediately confirm to the Consumer by e-mail (at the address provided while concluding the agreement and another one if provided in the statement submitted) its receipt of statement of agreement withdrawal.
5. In case of withdrawal from the agreement, the agreement is considered non-concluded.
6. The Consumer is obliged to return the item to the Seller immediately, however no later than within 14 days from the day of the withdrawal from the agreement. In order to comply with this term it is enough to send back the item before its end.
7. The Consumer shall return the items which are subject of the agreement from which it has withdrawn at its own expense and risk.
8. The Consumer does not incur costs of delivery of digital contents which are not recorded on a tangible medium, if it did not consent to provision of the service before the end of the agreement withdrawal term or has not been informed about the loss of the right to withdraw from the agreement at the time of granting such consent or the entrepreneur has not provided confirmation according to art. 15 item 1 and art. 21 item 1 of the consumer law.
9. The Consumer is responsible for the decrease in value of the item which is the subject of the agreement which results from its use in a manner exceeding the actions necessary to determine the character, properties and functionality of the item.
10. The Seller shall immediately, no later than within 14 days from receiving product of agreement from the agreement submitted by the Consumer, refund all payments made by the Consumer, including the costs of delivering the item, and if the Consumer chose a delivery option other than the cheapest ordinary delivery option offered by the Seller, the Seller shall not refund the additional costs to the Consumer, according to art. 33 of the consumer law.
11. The Seller makes the payment using the same payment method as used by the Consumer, unless the Consumer has clearly agreed to another payment method which will not cause it to incur any costs.
12. The Seller may postpone the refund of the Customer’s payment until the item has been returned or until the Customer has submitted a proof of its return, depending on which of those events takes place earlier.
13. The Consumer, according to art. 38 of the consumer law, is not entitled to withdraw from an agreement:
1. in which the price or remuneration depends on fluctuations on the financial market over which the Seller has no control and which may take place before the end of the agreement withdrawal term;
2. in which the subject of service is a non-fabricated item, produced according to the consumer’s specification or used to satisfy its individual needs;
3. in which the subject of service is an item which is liable to deteriorate quickly or with a short product life;
4. in which the subject of service is an item delivered in sealed packaging, which cannot be returned after it’s been opened due to health or hygiene reasons, if the packaging has been opened after receipt of the item;
5. in which the subject of service are items which after being delivered, due to their nature, are permanently bound with other items;
6. in which the subject of service are audio or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after receipt;
7. for delivery of digital contents which are not recorded on a tangible medium, if provision of service commenced upon a clear consent of the Consumer before the end of the agreement withdrawal term and after the Consumer has been informed by the entrepreneur about the loss of right to withdraw from the agreement;
8. for delivery of journals, periodicals or magazines, except for subscription agreement.
1. The Seller, based on art. 558§1 of the Civil Code, completely excludes liability towards Customers due to physical and legal defects (warranty).
2. The Seller is liable towards the Consumer according to art. 556 of the civil code and other provisions for defects (warranty).
3. In case of an agreement with the Consumer, if the physical defect was found before the end of one year from the time of issuing the item, it is considered that it existed at the time of the transfer of risk to the Consumer.
4. If the purchased item is faulty, the Consumer is entitled to:
1. submit a request for the price to be decreased;
2. submit a request to withdraw from the agreement;
unless the Seller, immediately and without excessive inconvenience for the Consumer, replaces the faulty item for one that is free of defects or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not fulfil the obligation to replace the item for one that is free of defects or to remove the defects, it is not entitled to replace the item nor to remove the defect.
5. The Consumer, instead of having the defect removed by the Seller, is entitled to request replacement of the item for one free of defects or to request removal of the defect instead of replacement of the item, unless to make the item compliant with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while in order to assess whether costs are excessive, the value of a faultless item is considered, as well as the type and significance of the fault detected and the aspect of inconvenience caused to the Consumer in case of fulfilling the obligation in another manner.
6. The Consumer is not entitled to withdraw from the agreement if the fault is insignificant.
7. If the purchased item is faulty, the Consumer is also entitled to:
1. request for the item to be replaced for one that is free of defects;
2. request for the defect to be removed.
8. The Seller is obliged to replace the faulty item for one that is free of defects or to remove the defect in a reasonable time without excessive inconvenience for the Consumer.
9. The Seller may decline to comply with the Consumer’s request, if making the item compliant with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with another manner of ensuring its compliance with the agreement.
10. If a faulty item has been installed, the Consumer may request the Seller to uninstall the item and to install it again after it has been replaced with a faultless item or after the defect has been removed, however, the Consumer shall incur part of the related costs exceeding the price of the purchased item or may request the Seller to pay part of the costs of uninstalling and reinstalling the item up to the value of the price of the purchased item. If the Seller fails to fulfil this obligation, the Consumer is entitled to perform those actions at the cost and risk of the Seller.
11. The Consumer who exercises the powers arising from the warranty is obliged to deliver the faulty item to the address intended for complaints at the Seller’s cost, and if due to the type of the item or the method of its installation the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the location of the item. If the Seller fails to fulfil its obligation, the Consumer is entitled to return the item at the cost and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 item 10.
13. The Seller is obliged to accept the faulty product from the Consumer in case of replacing the item for one which is free of defects or in case of withdrawing from the agreement.
14. The Seller, within fourteen days, shall issue their decision on:
1. a request to lower the price;
2. a statement of withdrawal from the agreement;
3. a request for the item to be replaced for one that is free of defects;
4. a request for the defect to be removed.
Otherwise, it is deemed that the Seller has accepted the Consumer’s request or statement.
15. The Seller has a liability arising from the warranty, if a physical defect is detected within two years from issue of the item to the Consumer, and if the subject of sale is a used item, within one year from issue of the item to the Consumer.
16. The Consumer’s claim to have the defect removed or the item replaced for a faultless one is time-limited to one year counting from the date of detecting the defect, however, no less than two years from the time of issue of the item to the Consumer, and if the subject of sale is a used item, within one year from the time of issue of the item to the Consumer.
17. If the use-by date specified by the Seller or the manufacturer expires after two years from the time of issue of the item to the Consumer, the Seller is liable on the basis of the warranty for physical defects in the item detected before the use-by date.
18. Within the terms specified in §5 items 15-17, the Consumer may submit a statement of withdrawal from the agreement or a request for the price to be lowered due to a physical defect in the purchased item, and if the Consumer requests for the item to be replaced for one that is free of defects or for the defect to be removed, the term for submitting a statement of withdrawal from the agreement or a request for the price to be lowered is calculated from the time of the ineffective end of the term for the item to be replaced or the defect removed.
19. In case of proceedings being held at a court or an arbitration tribunal in relation to one of the entitlements resulting from the warranty, the term to exercise other entitlements of the Consumer resulting from the warranty is suspended until the proceedings have been finally concluded. The above is also applicable respectively in case of a mediation procedure, while the term to exercise other entitlements of the Consumer resulting from the warranty is calculated from the day of the court’s refusal to accept a settlement entered into before a mediator or an ineffective conclusion of the mediation procedure.
20. To exercise the powers arising from the warranty related to legal defects in the sold item, §5 items 15-16 are acceptable, however, the term is calculated from the day on which the Customer found out about the defect, and if the Consumer found out about the defect only after a claim of a third party has been submitted – from the day on which the decision issued in the proceedings with the third party became final.
21. If, due to a defect in the item, the Consumer has submitted a statement of withdrawal from the agreement or a request for the price to be lowered, the Consumer is entitled to request for the damages incurred by it to be repaired if they have been caused by entering into the agreement without knowing about the defect, even if the damage is a consequence of circumstances for which the Seller is not liable, in particular it may request reimbursement of the costs of concluding the agreement, the costs of collection, transport, storage and insurance of the item, a refund for expenses incurred in such a scope in which the Consumer did not gain any profit on them and they were not refunded by a third party, as well as the costs of legal proceedings. This does not create prejudice to the provisions on the obligation to repair damages according to general principles.
22. The end of any term for detecting faults does not exclude exercising the powers arising from the warranty, if the Seller has intentionally concealed the defect.
23. The Seller, if it is obliged to provide a service or to make a payment for the benefit of the Consumer, shall do so without undue delay, no later than within the term established in the legislation.
1. The Administrator of databases of personal details provided by the Consumers of the outlet is the Seller.
2. The Seller is obliged to protect personal data according to the act on personal data protection of 29 August 1997 and the act of electronic service provision of 18 July 2002. The Buyer, by providing its personal data for the Seller while placing an order, agrees for the Seller to process the data in order to fulfil the order. The Buyer may, at any time, view, correct, update and remove its personal data.
§7 Specifics of agreement
1. Buyer understand, that all transaction that takes place in store, are pre-orders, that have delayed delivery specified directly at product description.
2. Delivery time is an estimate, that might be changed by the seller with giving valid reason for the delay. Seller will put all reasonable efforts to meet given estimate.
3. Products might slightly change from the presented versions. Current pictures are just a prototypes and they do not represent the final quality of the product. However, changes will not be made to a fundamental parameters of the product and Seller will put effort in ensuring that all changes will positively influence the final product.
4. Should a Backer refuse to accept the package due to Custom’s charges and fees, Awaken Realms reserves itself the right to subtract the costs of returning this package back to sender from the balance of the money pledged by the Backer for the purpose of the Kickstarter campaign that the shipment regards. Meaning Awaken Realms will not be liable for any additional costs connected with the shipping of a Backer’s reward over the sum of money that was paid specifically for the purpose of shipping, by the Backer, upon his order/pledge fulfillment via this Pledge Manager.
5. Backer may use credits (credits are transferred amount of money pledge on Kickstarter campaign for the product). Those credit will be subtracted from the overall value of the cart. Any remaining credits will be left for use.
6. Any additional payment can be made using Paypal / credit card.
7. People that have not taken part in Kickstarter for the product, might still pre-order product, on the same conditions as Kickstarter backers.
§8 Final provisions
1. None of the provisions of these terms and conditions are intended to affect the Buyer’s rights. They must not be interpreted in this manner, as in case of discrepancies between any parts of these terms and conditions and the legal provisions in force, the Seller declares that it will unconditionally obey by and apply the legal provisions instead of the questioned provisions of the terms and conditions.
2. Registered Buyers shall be informed about any amendments to the terms and conditions and their scope by e-mail (at the e-mail addresses provided during registration or while placing orders). The notifications shall be sent at least 30 days before the new terms and conditions become effective. The amendments shall be introduced to adjust the terms and conditions to the current state of the law.
3. The current version of the terms and conditions is always available to the Buyer in the terms and conditions section (http://twom.gamefound.com/en/info/terms-of-service). While an order is being fulfilled and during the entire post-sale care period, the Buyer is bound by the terms and conditions it accepted while placing the order. Except for the case where the Consumer decides that the terms and conditions are less favorable than the current ones and informs the Seller of their decision to choose the current terms and conditions as the binding ones.
4. To any matters not settled herein, the relevant legal provisions are applicable. Any disputes, if the Consumer so wishes, shall be settled by way of mediation at Provincial Trade Inspection Inspectorates or by way of legal proceedings at an arbitration tribunal located at a Provincial Trade Inspection Inspectorate or by way of equivalent and legal methods of pre-litigation or out-of-court dispute settlement indicated by the Consumer. As a last resort, the case is settled by a court competent locally and materially.