Terms and Conditions
These Terms and Conditions specify the rules for making purchases in the sales and pre-order system in the online store at www.underworldkingdom.com
The Seller is TUTUCONCEPT SP. Z O.O. with its registered office at ul. Warszawska 16/1, 81-317 Gdynia, entered into the register of entrepreneurs maintained by DISTRICT COURT GDAŃSK – PÓŁNOC IN GDAŃSK, 8TH COMMERCIAL DEPARTMENT OF NATIONAL COURT REGISTER under KRS number 0000685602, having the tax identification number NIP: 5862320107, REGON: 367715306, hereinafter also referred to as “Service Provider”.
The Seller is available at the address: ul. Warszawska 16/1, 81-317 Gdynia
Contact email address: firstname.lastname@example.org
Terms & Conditions of electronically supplied services. These Terms and Conditions are terms and conditions referred to in Article 8 of the Act of 18 July 2002 on electronically supplied services (Journal of Laws of 2002 No 144, item 1204, as amended).
Customer – a natural person, a legal person or organizational unit without legal personality but having legal capacity that places an Order or participates in a Pre-Sale in the Online Store. Also referred to as Website User.
Project Supporter – a person who places an Order in the Pre-Sale system. A Project Supporter is every Website User who voluntarily provides funds to finance the Projects presented by the Seller.
Consumer – a customer who is a natural person using the Online Store for purposes not directly connected with his business or professional activities.
Service Provider – the entity providing sale services via the Online Store according to the principles set out in these Terms and Conditions.
Object of Transaction – the Articles listed and described on the Online Store website.
Article – a movable thing presented in the Online Store to which the Sale Agreement applies.
Pre-Sale– a sale system operated by the Seller, based on the collection of funds for a Project before its implementation.
Supplementary Service – a service provided by the Service Provider to a Customer outside the Online Store due to the nature of the Articles offered.
Sale Agreement – agreement for the sale of Articles within the meaning of the Polish Civil Code, concluded between the Service Provider and a Customer via the Online Store website.
Online Store (Store) – the website available at: www.underworldkingdom.com through which the Customer may place an Order.
Order – Customer’s declaration of intent specifying clearly the type and quantity of Articles, intended directly to effect the conclusion of the Sale or Pre-Sale Agreement.
Project – ideas or plans supported by organised activities with a view to obtaining funds for their implementation.
Project Description – a subpage at www.underworldkingdom.com, where the Project is described. The description contains in particular the start and end date of Pre-Sale, the minimum amount or the minimum number of orders needed to begin the implementation of the Project, information about the consecutive project stages as well as descriptive and illustrative materials.
ICT system – a set of combined IT equipment and software for the processing, storage, transmission and reception of data via telecommunications networks using the end device appropriate for the specific type of network.
Seller – TUTUCONCEPT SP. Z O.O. with its registered office at ul. Warszawska 16/1, 81-317 Gdynia
2. General terms
- These Terms and Conditions detail the principles of use of the Online Store available at www.underworldkingdom.com
- By placing an Order in the Online Shop, the Customer confirms that he has read these Terms and Conditions and accepted the provisions hereof.
- The Online Store at www.underworldkingdom.com conducts retail sales via the Internet.
- To ensure compatibility with the ICT system used by the Service Provider to fulfil the orders, the Customer must have an active email account and a device connected to the Internet.
3. Placing orders
- All the prices shown on the www.underworldkingdom.com website are gross prices listed in Polish zlotys. The prices listed do not include postage.
- Orders are received via the website.
- Online Orders may be placed 24 hours a day, 7 days a week, all year round.
- An Order is effective if the Customer correctly fills the order form and submits correct contact details, including full shipping address, phone number and email address and pays for the Order, and the funds transferred are credited to the Seller’ s account.
- The Seller will contact the Customer if the data submitted are not complete. If the Customer cannot be contacted, the Seller will have the right to cancel the Order.
- In the process of placing the Order, the Customer may request a till receipt or VAT invoice that can be attached to the parcel or sent via electronic means to the specified e-mail address in the form of an electronic image of the billing documents, such as VAT invoice with attachments, correction VAT invoice with attachments and forms. This consent authorises the Seller also to issue and send VAT invoices in the electronic form in accordance with the regulation of the Minister of Finance of 20 December 2012 on the transmission of invoices in electronic form, the principles of their storage mode and procedure for making them available to tax authority or tax control authority.
- In the process of placing the Order, the Customer may allow his personal data to be added to the Seller’s Online Store database for the purpose of processing in connection with Order fulfilment. Once the Customer grants his consent, he has the right to review and correct the data or request that they be removed.
- The Customer can choose the option to store his data in the system to help him place subsequent orders. To do this, the Customer should enter a login and password required to access his account. A password is a string of characters to be specified by the Customer. The Customer’s password is not known to the Seller; the Customer is required to enter a complex password and to keep it secret and protect it against unauthorized third party access, since such access to the password might compromise the safety of Seller’s data.
- Having placed an effective Order, the Customer will receive an automatic order confirmation response from the store. The Customer should inform the Seller of the absence of such confirmation, which may be caused by incorrect operation of mechanisms independent from the Seller.
- For Orders paid for by bank transfer, order processing starts once the cleared payment is received to the bank account specified in the Order confirmation; for Orders paid by card or by “Cash on Delivery” option, order processing starts upon Order placement.
4. Postage costs and shipping time
- The ordered Articles are sent to the address indicated in the order form. The Store will inform the Customer immediately by e-mail of any errors in the completed order form that prevent or may delay the shipment, where such an error can be detected.
- The ordered Articles are delivered by specialised courier companies or via Poczta Polska (Polish Post). In some cases the ordered Articles can be collected personally from the Seller’s premises. The Order collection options available are specified in the Order and selected by the Customer during each Order placement.
- Parcels are delivered as per the delivery time specified for each Article on the website. The time specified is approximate and applies to “Cash on Delivery” Orders. For orders where the “bank transfer“ or “card or online payment” option is selected, the time of delivery specified on the Store website is extended by the time taken to receive the cleared payment to the Store bank account (1–2 business days on average).
- A receipt or proof of purchase with the Customer’s details (invoice) is issued for each Article sold.
- The Articles ordered may be paid for in cash on delivery (upon receipt of the Article, if this option is available at the purchase of the specific Article), via online payment service (PayU, PayPal) or by transfer to the Store’s bank account. The available payment options are described each time an Order is placed. The “cash on delivery” option is available only occasionally.
- The date of payment is considered to be the working day on which the payment is credited to the Seller’s account.
- The Pre-Sale scheme enables the Seller to acquire the funds for the implementation of Projects.
- The funds for the implementation of Projects are contributed by the Project Supporters on a voluntary basis and collected by the Seller.
- The Seller secures the funds collected for Project implementation until the amount collected corresponds to the amount specified in the Project as the minimum necessary for Project implementation or until the end of collection of funds for Project implementation.
- The minimum amount necessary for Project implementation is stated in the Project Description – individually for each Project.
- The key Project implementation dates are is stated in the Project Description – individually for each Project.
- The minimum level of financial support contributed by Project Supporters is specified in the Project Description.
- In return for receiving a specific level of financial support the Seller agrees to make a reciprocal performance in favour of the Project Supporters.
- The funds for Project implementation may be supplied by Project Supporters from the date of issue of Project launch to the last day of the period indicated in the Project Description as a period of time necessary for raising the required funds.
- The current Project implementation status is shown in the Project description on an ongoing basis.
- The precondition for Project implementation is raising at least the entire declared minimum amount or quantity within the time limit specified in the Project Description. Otherwise, the funds raised up to that point are returned to the Project Supporters.
- In the event the entire amount necessary is raised before the date specified in the Project Description, the fund raising continues until the deadline specified in the Project Description, when the entire funds raised are allocated for Project implementation.
- In the event the threshold values specified in Project Description are not attained, the funds are returned within 14 business days of Project term expiry.
- The collection of funds by the Operator is carried out via online payment service. By accepting these Terms and Conditions, the Website User acknowledges that he has read the terms and conditions of the online payment service and accepts them.
- The Seller reserves the right to cancel, suspend or discontinue raising funds for a particular Project at any time at the Seller’s discretion.
- In the event of Project suspension, the Seller may extend the time limit for the Project specified in the Project Description.
- In the event of discontinuation of the fund raising for a particular Project the funds collected up to that point will be returned to Project Supporters within 14 business days of the date of formal Project discontinuation.
- Pre-Sale activities do not fall under the provisions of the Act of 15 March 1933 on public collections (Journal of Laws of 1933, No. 22, item 162, as amended).
- Project Supporters may not withdraw their support during or after the end of the Project if the Project attained the indicated minimum amount needed for its implementation by the date specified in the Project Description.
- If a Project Supporter submits a request for cancellation of his support (save for the situation described in item 10 of this section), the Seller returns the entire amount contributed by the Project Supporter unless the amount is returned more than 30 days after the date of payment, which is due to the costs imposed by the operator of online payment service and the payment system, the operator being a company independent of the Seller, whose name is stated at the time of making the payment.
7. Rescission of the agreement
- The Consumer who has concluded a remote agreement has the right to rescind the agreement for convenience by submitting an appropriate written statement within 14 calendar days (legal basis: Article 34 of the Act of 30 May 2014 on consumer rights). That time limit is non-extendible and counted from the date of delivery of the thing or, in the case of a service agreement – from the date of conclusion of the agreement.
- In the event of rescission of a remote agreement, the agreement is deemed not to have been concluded. The parties’ respective performances are returned in an unaltered state unless an alteration was necessary within the scope of ordinary management.
- The return should be effected without delay and no later than within 14 days. The Articles purchased should be returned to the Service Provider’s address.
- In accordance with the Act, the obligation of return does not apply to: the performance of service started, with the Customer’s approval, before the expiry of the period referred to in Article 34, concerning audio and video recordings and computer programs on storage media unsealed by the Customer, contracts relating to performances the price or compensation for depends only on the price movements on the financial market, performances with characteristics specified by the Customer in his order or strictly relating to the particular Customer, performances which cannot be returned due to their nature or the subject matter of which is perishable, the supply of print media, gaming and betting services.
- The following are non-returnable: Articles purchased with a discount coupon or articles acquired on a non-cash basis unless the Consumer pays the shipping costs corresponding to the actual costs incurred by the Seller and Articles whose original packaging or tamper-evident seals have been broken.
8. Complaint procedure
- The products have a warranty issued by the manufacturer, importer or seller, valid in the territory of Poland. The warranty period (if applicable) for each product is shown in its description on the store website. The detailed terms and conditions of warranty are set out on the warranty card issued by the warranter. The warranty services for the products are usually provided directly by manufacturers’ authorised service centres. Full addresses of service centres can be found on the warranty cards attached to the products and/or on the manufacturers’ websites. A complaint under the warranty can also be submitted by Customers via the Seller.
- Complaints should be submitted to the Service Provider’s address.
- When filing a complaint, the Customer should deliver the relevant product to the Service Provider together with the proof of purchase and completed complaint form.
- The Service Provider will consider the complaint within 21 days from the date of its submission. If the complaint is accepted, the Service Provider will repair or replace the faulty Article with a new, faultless Article or return the purchase price of the Article if the Article cannot be replaced through the fault of the Seller.
- If the Article is non-compliant with the agreement, the Customer may require to bring it in line with the agreement by free repair or replacement with a new one, unless the repair or replacement is impossible or requires excessive expenses. The assessment whether the required expenses are excessive or not takes into account the value of an article consistent with the agreement and the nature and degree of the non-compliance identified.
- The Customer forfeits the rights referred to in item 5 of this paragraph if he fails to notify the store of the article’s non-compliance with the agreement within two months of discovering such non-compliance. A notice sent before the expiry of this time limit is sufficient to ensure that the time limit is not exceeded.
10. Changes to the Terms and Conditions
- Customers having an account in the Store will be informed of changes to the Terms and Conditions via e-mail to the address provided during registration or order placement.
- If the Store Terms and Conditions have changed since the last login, the Customer is required to accept or reject such changes. By making any purchases, the Customer accepts the changes to the Terms and Conditions (if any). If the Customer rejects the amended Terms and Conditions, he will be unable to make any purchases in the Online Store.
- If the Customer rejects the changes to the Terms and Conditions, he can delete his account at any time, using the options available in the IT system.
- Any Orders placed by the Customer before the amended Terms and Conditions become effective will be fulfilled according to the Terms and Conditions applicable prior to the change.
11. Final Provisions
- For matters not regulated by these Terms and Conditions provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2000 No. 22 item 271, as amended), Act of 27 July 2002 on special conditions of sale of consumer goods, amending the Civil Code (Journal of Laws of 2014, item 827), and the Civil Cod of 23 April 1964 (Journal of Laws of 1964 No. 16 item 93, as amended) shall apply.
- Any disputes arising from the application of these Terms and Conditions and in connection with the performance of agreements concluded between the Stores and its Customers will be settled by the competent court pursuant to the provisions on subject matter and local jurisdiction of the Civil Procedure Code of 17.11.1964 on (Journal of Laws No. 43 item 296, as amended).
- The Parties agree to settle any disputes amicably, in a manner ensuring confidentiality. Disputes not settled amicably will be settled by the competent court. The parties agree not to disclose details of their disputes to third parties.