REGULATIONS OF THE ONLINE SHOP

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Preliminary provisions 

The seller is: 
Company name: E3G Sp. z o.o.
Company address: ul. Warszawska 146, 25-414 Kielce
Tax Identification Number: 6572964788

You can contact the seller: 
at the email address: gdansk@e1gokart.pl 
at the address: ul. Rakietowa 11, 80-298 Gdańsk

These Regulations specify the principles for providing services by electronic means and the principles and procedure for concluding distance contracts with the Seller – the sale of Vouchers. The Regulations specify in particular the rights and obligations of the Parties, as well as the complaint procedure. 
These Regulations are the regulations referred to in Article 8(1)(1) of the Act
of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws of 2017, item 1219 of 24 June 2017, as amended). 
The Regulations are made available free of charge via the website, which allows you to obtain, reproduce, record and print the content of the Regulations. 

Definitions 

  • Customer – a natural person (including a Consumer) who is at least 13 years of age, whereas if they are not of age, the consent of their statutory representative is required, as well as a legal person and an organisational unit that is not a legal person and who is granted legal capacity by law and who uses the service provided by electronic means by the Seller.  
  • Consumer – a natural person concluding a legal transaction with an entrepreneur (Seller) not directly related to their business or professional activity.  
  • Seller – an entity selling the possibility of using the service in a service facility. The registration and contact details of the Seller are visible in the Sales Panel, just below the order finalisation button.   
  • Voucher – a confirmation of concluding a contract for the use of the service (e.g. voucher for entry to an aquapark, voucher for entry to attractions, voucher for entry to a museum, voucher for a fitness pass, voucher for entry to workshops, voucher for a trip, voucher for a cosmetic service, etc.) concluded with the Seller on or before the date specified on the Voucher, during the opening hours and dates of the service facility and, if clearly indicated during the purchase and on the Voucher, after prior reservation of the date. If there is no information on the Voucher regarding the number of people who can use the services at one time, the Voucher entitles one person to use the services.
  • Order – the Customer’s declaration of will, aimed directly at concluding a distance contract via the Sales Panel, specifying the type and number of Vouchers.  
  • Electronic payment system – Blue Media S.A. based in Sopot at ul. Powstańców Warszawy 6, registered in the District Court for Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under number 0000320590, with a share capital of PLN 2,000,000 (fully paid), NIP [Tax Identification Number]: 585-13-51-185; entered into the register of payment service providers under number IP17/2013. 
  • Sales Panel – a set of cooperating IT devices and software, making it possible to provide services by electronic means and conclude a distance contract with the Seller, located on the Seller’s website.

General information indicating how to use the offer

In order to redeem a pass or a voucher, you should present the voucher in the form of a printout or on a telephone or other electronic device at the track reception at ul. Cisowa 6 in Skórzewo. 

Types, scope and conditions of providing services by electronic means

The Seller provides the following services via the Sales Panel: 

  • a service enabling the Customer to familiarise themselves with the Seller’s offer, 
  • a service enabling the Customer to conclude an online contract (remotely) by ordering a Voucher, 
  • a service consisting in sending the Voucher to the e-mail address provided by the Customer.
  • Technical requirements for using the services available vie the Sales Panel are as follows: Internet connection; Internet browser making it possible to display hypertext documents made available on the Internet on the screen of the Customer’s device with JavaScript enabled: Google Chrome/Google Chrome Mobile version 63 or later, Mozilla Firefox version 52 or later, Opera version 58 or later and Internet Explorer version 11 or later or other compatible browser; having a current, active, properly configured e-mail account. 

Principles for providing services by electronic means and conditions for concluding and terminating contracts for the provision of services by electronic means

  • The Customer starting to use the services covered by the Regulations is tantamount to concluding a contract for the provision of services by electronic means available via the Sales Panel without the need to prepare a separate contract. If the Customer terminates the use of the services made available via the Sales Panel, the contract for the provision of services by electronic means is terminated automatically without the need to submit additional declarations when the Customer leaves the Sales Panel, excluding the service consisting in sending the Voucher to the e-mail address, which is completed after the Voucher has been sent the e-mail address indicated by the Customer. 
  • Possibility to use services: a service making it possible for the Customer to conclude an online contract (remotely) by ordering a Voucher, the service consisting in delivering the Voucher to the e-mail address indicated by the Customer depends on placing an order for the Voucher, in accordance with the rules described in chapter 4.
  • The service consisting in sending the Voucher to the e-mail address indicated by the Customer takes place after the Voucher sales contract has been concluded. The service making it possible to conclude an online contract (remotely) by ordering a Voucher may be started and ended by the Customer at any time.  
  • Possibility to use a free service: the service enabling the Customer to view the Seller’s offer is provided each time at the individual request of the Customer. The customer can start and stop using the service at any time. Leaving the website where the Sales Panel is located means resigning from the provision of the service in question by the Seller to the Customer. 

Concluding purchase contracts and method of payment

  • In order to place an order, you must select the Voucher or Vouchers available in the Sales Panel, specify their quantity, select any additional parameters required in the form, accept these Regulations, the Privacy Policy and the Regulations of the Facility, taking further technical actions based on the messages or information appearing on the website.   In order to complete the order, the Customer is obliged to provide all necessary data enabling their execution, which is indicated as required fields in the Sales Panel. 
  • The total value of the order and the final order price are included in the payment summary and are visible before the final approval of the order by the Customer.  
  • After clicking the “Proceed to payment” button, the Customer will be redirected to the electronic payment system to pay for the order. The Customer makes a payment via the Electronic payment system and to make the payment, they must accept the provisions of the Regulations of the Electronic payment system. 
  • The entity providing online payment services is the Electronic payment system. Fast online transfers, mobile payment systems such as Google Pay and Apple Pay, as well as the following card payment methods are available:
  • Visa
  • Visa Electron 
  • MasterCard 
  • MasterCard Electronic 
  • Maestro
  • When the Customer is redirected to the Electronic payment system, they should immediately initiate payment for the Order. If the Electronic payment system does not record payment for the order within a specified period of time, the services ordered are returned to the pool of available services, and if the money is received after this time, it will be automatically returned to the Customer. To order the Voucher once again, please complete the order form again and make the payment.  
  • A customer who makes an effective payment concludes a sales contract. The conclusion of the contract is confirmed once the Voucher has been received to the
    e-mail address provided in the Sales Panel form. 
  • The voucher constitutes proof of purchase. 
  • The Customer is obliged to pay the price for the Voucher purchased, if several items are ordered, the prices of individual Vouchers are added up. The total price is given in the order form completed by the Customer. After the customer has selected the method of payment and, if applicable, delivery, they will be informed about the total price of the order, including possible delivery costs (summary), before confirming the order.  
  • Voucher prices are given in Polish zlotys. The Seller informs the Customer of the gross price. The gross price includes all components, including VAT.  
  • The Seller provides a service to the Customer by enabling them to exercise the rights to use the service, within the time limit and under the conditions specified during the purchase and on the Voucher, as well as under the terms of the Facility Regulations, if the Facility Regulations were indicated during the purchase. 
  • The Customer may report incorrectly provided data in the form to the Seller for correction by sending an e-mail to the Seller’s address visible in the footer of the Sales Panel. 
  • The Customer may communicate with the Seller via the Seller’s e-mail address visible in the footer of the Sales Panel. 
  • The Seller is not responsible for any incorrect or false data provided by the Customer. 

Withdrawal from the contract 

  • For Vouchers for which a specific day or period of service provision is indicated and which concern contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision, the Buyer is not entitled to withdraw from the distance contract and have the money refunded. This results from Article 38(12) of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
  • If point 1 does not apply and if: 
  • the Voucher has not been used by the Customer, 
  • the Voucher’s redemption date has not yet been exceeded within
    14 days from the purchase of the Voucher,

the Customer may withdraw from the contract without giving reasons by informing the Seller thereof in writing via e-mail to the Seller’s address visible in the footer of the Sales Panel. The notice should include the Voucher, which is subject to refund.  If a refund is possible, the payment is refunded to the Customer immediately, no later than within 14 days from the date of receiving the declaration on withdrawal from the contract, by electronic means using the same payment method used by the Customer to purchase the Voucher. 

  • The Seller has the right to terminate the contract by stating an important reason therefor.  For this purpose, they will immediately inform the Customer in writing thereof to the e-mail address used to purchase the Voucher and offer an exchange for an equivalent service or a refund. Unless the Customer agrees to the exchange, the Seller will refund, within 7 days of informing the Customer of the termination of the contract, all payments made by them regarding the Voucher covered by the contract. 

Complaints, warranty for defects 

  • The Seller makes every effort to ensure that the services covered by the Voucher are provided without defects and in accordance with the service description.
  • The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms specified in Articles 556–576 of the Civil Code. In relation to Customers who are Entrepreneurs or Entrepreneurs exercising their consumer rights, the warranty is excluded.  
  • The Customer has the right to file a complaint regarding failure to comply with the terms of the contract with the Seller.  
  • Complaints should be sent in writing via e-mail to the Seller’s address visible in the footer of the Sales Panel. The complaint should include the Voucher to which the complaint relates. The complaint must be accompanied by a description of the situation.   
  • All complaints should be reported immediately after the grounds for reporting arise. 
  • Each written complaint will be considered within 14 days from the date of delivery. 
  • In the event of any deficiencies in the complaint (e.g. no Voucher attached), the Seller will request the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of the Customer receiving the request.  
  • The above provision applies accordingly in the event of a complaint about a service provided by electronic means. In such a case, the Customer should provide their name and surname, correspondence address, type and description of the problem. 

Disputes

  • Any disputes arising from or related to: the provision of electronic services by the Seller under these Regulations arising between the Seller and the Customer who is not a Consumer; or to a distance contract concluded between the above-mentioned Parties are to be resolved by the court having jurisdiction over the Seller’s registered office.
  • In the event of disputes involving the Consumer, it is possible to use out-of-court complaint handling methods and pursue claims. The consumer may request the intervention of the Ombudsman or use mediation (if the Seller agrees to mediation). Access to the above-mentioned procedures is described in the Polish Code of Civil Proceedings and the Act on the Protection of Competition and Consumers. The Seller states that pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, at https://ec.europa.eu/consumers/odr you can find an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). 

Final provisions

  • Recognition of individual provisions of these Regulations in the manner provided for by law as invalid or ineffective does not affect the validity or effectiveness of the remaining provisions of the Regulations.
    A provision that comes closest to the objectives of the invalid provision of these Regulations will be applied instead of the invalid provision.  
  • Matters not regulated in these Regulations are governed by the provisions applicable in the territory of the Republic of Poland, in particular the Civil Code, the Act on the Provision of Services by Electronic Means and the Act on Consumer Rights.  
  • The Seller reserves the right to change these Regulations. Changes to the Regulations are effective from the moment they are indicated and placed in the Sales Panel. The previous regulations apply to contracts concluded before the change in the regulations (in force at the time of conclusion of the contract so the change in the regulations will not apply to contracts that were previously concluded).  

The Seller indicates that it has not implemented the Code of Good Practices within the meaning of Article 2 (5) of the Act of 23 August
2007 on Counteracting Unfair Market Practices (Journal of Laws of 2017, item 2070, consolidated text).

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