(hereinafter named „Rules”)
I. General information (including data identifying the company, company address, e-mail address, telephone and fax numbers)
1. The Rules defines and settles rights and obligations related to use of internet store available at the following domain https://www.superspokeguard.com/ as well as rules for goods purchases using the store. Within the scope of services provided electronically, these Rules comprise rules mentioned in art. 8 of the Act of 18th July 2002 on providing services electronically (Journal of Laws 2002 No 144, pos. 1204 with later changes).
2. The SuperSpokeGuard.com internet store, offering remote sales of wheelchair spoke guards (hereinafter named together as: „Products”), hereinafter named „Store” is operated by FLASHPOINTS Sp. z o.o. located in Sopot, ul. Armii Krajowej 95/2, 81 – 824 Sopot, registered with the District Court for Gdańsk, VIII Economic Department of the National Court Register under the NCR number: 0000341531, NIP: PL5851451544, REGON: 220903559, company capital: 50 000 PLN (fully paid), tel.: +48 58 5548541
fax.: +48 58 5548542, e-mail: info@SuperSpokeGuard.com, hereinafter named “FLASHPOINTS”.
3. A Customer of the Store may be any individual who is at least 18 years old and has full legal capability, hereinafter named “Customer”.
4. Minimum technical requirements which must be met in order to use the Store, enter an agreement on service provision or enter a sales contract is ownership of a computer or another device connectedo to Internet, equipped in particular in a Microsoft Internet Explorer 8.0 and higher, Firefox 20, Google Chrome 27, Safari 5.0, Opera 11 Web browser. In order to perform purchases in the Store, the Customer must have a valid/active e-mail address as well as a keyboard or other pointing device, enabling correct filling of the electronic forms.
5. Acceptance of Terms of Service is voluntary, but necessary in order to create a Customer Account and/or in order for the Customer to place and order for Products purchase.
II. Customer Service
FLASHPOINTS operates Customer Service, which provides the Customers with provides the Customers with information related to activity of the Store over the phone, during working days, from 8 to 16 at the telephone number +48 58 5548541 and the e-mail address: info@SuperSpokeGuard.com. The cost of a call to Customer Service resuts from the basic call rate of the telephone operator.
III. Agreement for electronic provision of services
1. FLASHPOINTS provides the following services for its Customers using the Store, free of charge:
a. granting the Customer with an individual account with the Store, enabling use of additional functionalities by the Customer (“Customer Account”);
b. obtaining by the Customer, at his or her explicit permission, free periodic information about the Store, to the e-mail address provided by the Customer (“Newsletter”).
2. Within the Store, FLASHPOINTS will be obliged to provide services mentioned in p. 1 above, within the scope and according to rules defined in these Rules.
3. A Customer may create an individual Customer Account at the Store. Creation of a Customer Account is not required to make purchases with the Store. Creation and use of the Customer Account is voluntary and free of charge within the scope of services provided by the Store.
4. The agreement on providing the service of Account creation and maintenance takes place at the time of efficient filling of the registration form by the Customer in order to create the Customer Account, acceptance of stipulations of these Rules and pressing the “Register” button. The Agreement for electronic provision of services is entered into for an indefinite period of time.
5. The Customer Account enables recording and storage of information about address data of the Customer for Products shipping, following the status of the order, access to order history of the Customer and faster procedure of placing an order with the Store.
6. The Customer may terminate the Agreement on providing services electronically notifying the intention to do so to the following address info@SuperSpokeGuard.com or in writing to the address of FLASHPOINTS S.A. ul. Armii Krajowej 95/2, 81-824 Sopot, a request to terminate the Agreement on service provision, providing identification data of the Customer, i.e. the e-mail address indicated in the registration form as well as name and surname of the Customer. In case such a request is submitted, the Customer Service department may contact the Customer in order to confirm their identity, using the provided e-mail address or telephone number.
7. FLASHPOINTS may terminate the Agreement on providing services electronically with the Customer with an appropriate, at least 14 – day notice period because of important reasons understood only as (clost catalogue) significant violation of Rules stipulation by the Customer, comprising violations of points: III. 10 and III. 11. of the Rules or permanent cessation of electronic service provision by FLASHPOINTS, justified by objective reasons.
8. Complaints related to services provided electronically by FLASHPOINTS (e.g. incorrectly calculated supply costs or incorrect Products found in the basket) may be submitted, in particular, over the telephone, to the number +48 58 554 85 41 or electronically, sending an e-mail to the following address: info@SuperSpokeGuard.com. In order to speed the complaint processing up, we would like to ask to indicate the name and surname of the Customer, e-mail address for contact, as well as a thorough description and reason behind the complaint / inquiry in the contents of the complaint submission. FLASHPOINTS processes complaints/inquiries within 14 days from their receipt and informs about the result of their processing. In a situation when data or information provided in complaints/inquiries require to be amended, FLASHPOINTS asks the person submitting the application to amend the data before the submission is processed.
9. Fields filled by the Customer upon creation of Customer Account and in the forms provided in order to execute the order should contain real and current data of the Customer and should be updated when necessary, within scope that is required in order for FLASHPOINTS to correctly provide the services it offers.
10. The Customer shall be obliged to use the services offered by FLASHPOINTS according to effective legal regulations, stipulations of the Rules as well as according to customs and commonly accepted rules of social co-existence.
11. The Customer shall be obliged not to take actions comprising publishing of law-violating content within the Store, in particular content violating material copyrights of third parties or their personal interests (prohibition of publishing law-violating content).
1. In order to start a service of the Store providing a Newsletter, the Customer shall be obliged to agree to receive the Newsletter by making his or her active e-mail address available in the field “Sign up for the Newsletter” and pressing the “Save” button. The Customer may also decide to select the appropriate checkbox expressing the agreement of the Customer to receive commercial information from entities cooperating with FLASHPOINTS or to process personal data for marketing purposes of entities cooperating with FLASHPOINTS. Agreement on providing the Newsletter service becomes entered into the moment a confirmation of will of the Customer to receive the Newsletter is sent by clicking the activation link sent by the store to the e-mail address provided by the Customer.
2. The Customer may terminate the Agreement for provision of services electronically at any time, within the scope related to Newsletter provision, by clicking the deactivation link found in every Newsletter sent to the Customer or by submitting the wish to do so to the e-mail address: info@SuperSpokeGuard.com, specifying the e-mail address of the Customer, to which the Newsletter is sent.
1. Orders for Products (further in the text also: „Orders”) may be placed 24h a day 7 days a week. The Orders are accepted for execution on working days, 8-16 hours.
2. The Store enables the Customer to place the Order in the following way, in order:
a. The Customer adds the selected Product to the basket.
b. The Customer selects one of the offered shipment options.
c. The logged Customer having a Customer Account confirms or fills the order form with current data required in order to enter and execute the sales contract (i.e. telephone number or address). A Customer who does not have a Customer Account must fill the order form on his on her own, in regards to their data required to enter and execute the sales contract.
d. The Customer selects the method of price payment and other total costs of Order execution indicated in the order form.
e. The Customer sends the Order using special functionality of the Store made available for the purpose (button: “Order with obligation of payment”).
f. In response to the Order from the Customer, the Store immediately sends him or her an electronic message to the e-mail address specified for the purpose by the Customer, containing confirmation of Order receipt and acceptance of the offer placed by the Customer, or information about lack of possibility of accepting it. At the moment of accepting the Order for execution by the Customer Service department (the Customer obtaining the e-mail message), the sales contract is considered as entered into.
3. The Order sent by the Customer using the form made available by the Store comrpises a declaration of will of the Customer expressing direct will of entering the sale contract remotely, via the Store.
4. However, the Store reserves the right to keep the option of updating Product prices displayed on the Store’s website, however, it does not influence the Orders submitted and accepted by the Store before the changes were introduced.
5. Information presented on the website of the Store comprise only an invitation to the Contract as understood according to art. 71 of the Civil Law Codex, aimed by FLASHPOINTS at the Customer, and not an offer as understood by the Civil Law Codex.
6. If a part or all of the Products ordered by the Customer are unavailable, the Store will immediately, however not later than within thirty days after entering the contract, inform the Customer about the fact and return the entire amount received from the Customer. In case of problems occurring during Order execution, in order to explain or introduce possible changes, the Customer Service department may contact the Customer to the provided telephone number or e-mail address.
7. Each purchase of the Product is documented with a receipt or a VAT invoice, depending on the choice made by the Customer at the time of order placement.
8. The main characteristics of providing the service, taking into account the object of the service and the manner of communication with the customer are defined on the web page for each Product.
VI. Product delivery (manner of providing the service by FLASHPOINTS)
1. The shipment is delivered to the address specified by the Customer in the Order form. The delivery address may be changed after the Customer applies for it using an e-mail message sent to the address info@SuperSpokeGuard.com, containing the „ADDRESS CHANGE ” phrase in the subject. The Store may not take into account the application of the Customer if the Product was already sent to the address indicated in the Order form.
2. The combined waiting time for the Customer to receive the particular Product (supply time) includes time of order execution by FLASHPOINTS and the time of product delivery by the shipment company. The time of order execution by FLASHPOINTS is counted from the moment FLASHPOINTS confirms Order acceptance for execution until the moment FLASHPOINTS sends the shipment containing goods and it cannot exceed 2 working days (days from Monday to Friday, excluding holidays). The aforementioned time should be increased by the time of Product delivery for each of the shipping parties, which depends on the shipment form selected by the customer and is each time presented on the subpage of the given Product and in the tab https://www.superspokeguard.com/en_GB/i/GLS-Delivery/26.
3. Product delivery costs are borne by the Customer. Information about the delivery costs is provided every time next to the Product presented in the Store, in the Delivery tab.
4. Products ordered in the Store are delivered within the territory of the Republic of Poland and to selected countries of the European Union indicated in the tab https://www.superspokeguard.com/en_GB/i/GLS-Delivery/26 and every time on the subpage of the given Product (Delivery tab).
VII. Payment method and deadline
1. Prices in the Store are defined in GBP, EUR, PLN and include all appropriate customs fees and taxes, however, they do not include delivery costs, unless conditions of Promotion used by the Store state otherwise.
2. The Store offers the following payment forms:
a. Payment „in advance” (online):
- Electronic wire transfer;
- Card payment;
- Payment via PayPal;
- Instalment payment (within PayU)
3. The Customer may select a payment from payment forms indicated in the Order form. Payment deadline for the ordered Products in case the Customer selected the “in advance” form of payment is 5 days since the sales agreement is entered into. After said deadline, the Customer Service department will contact the Customer in order to inform them about the option of providing the payment within an additional deadline of 3 days. Not providing the payment, despite the indicated, additional deadline, is a condition terminating the Product sales agreement.
VIII. Special offers
Within the store, FLASHPOINTS may introduce promotions understood as special conditions of Product sales, regulated according to rules expressed in separate regulations, related to special offer of the Store in effect at the specific time, which the Customer may explore according to rules defined therein (hereinafter also: „Promotions”). In case of discrepancies between the actual Promotion rules with the stipulations of the Rules, the appropriate Promotion rules take precedence.
IX. Complaint processing procedure used by FLASHPOINTS
1. Products offered with the Store are covered by manufacturer or distributor warranty. Detailed warranty conditions and its duration are then listed in the warranty card issued by the warrant and attached to the Product.
2. FLASHPOINTS carries the legal obligation of providing the Customer with fault-free Products.
3. If a Product obtained by the Customer is faulty, then the Customer may use, at their own discretion, the rights they are entitled to according to the warranty, at indicated service stations or – independently – from rights they are granted by FLASHPOINTS by virtue of warranty. Execution of Customer rights from the warranty does not influence the responsibility of FLASHPOINTS by virtue of their own warranty. The Customer may execute their rights by virtue of warranty from physical defects of the Products regardless of their rights resulting from the warranty.
4. The Customer may also use the compliant form provided by FLASHPOINTS, which will be sent to the Customer at the time they express their will to submit a claim based on the warrranty, however, this is a facultative option.
5. FLASHPOINTS is responsible against the Customer if the sold Product has a physical or legal defect (warranty).
6. If the sold Product shows a defect, the Customer can:
- place a declaration on lowering the prices or cancellation of the agreement, unless FLASHPOINTS immediately and without any real inconveniences to the Customer replaces the faulty Product with one which is fault-free or which will remedy this fault. The lowered price should remain in such a proportion to the price resulting from the contract, as the value of the faulty Product is related to the value of the fault-free Product. The Customer may not cancel the agreement if the fault of the Product is insignificant.
- demand the Product to be replaced with a fault-free one or to have the fault removed. FLASHPOINTS is obliged to replace the faulty Product with a fault-free one or to remove the fault within reasonable time, without excessive difficulties for the Customer.
with reservations and according to rules determined in appropriate regulations of the Civil Law Codex.
7. If the Customer is a consumer (understood as an individual entering a legal operation with the company, not directly related to his or her business or professional activity – hereinafter in the text also “Consumer”), instead of the fault remedy suggested by FLASHPOINTS, he or she may demand the Product to be replaced with a one free of faults or instead to have the Product replaced, to have the fault remedied, unless restoring the Product to the state conforming with the contract in the manner selected by the Consumer is impossible or would require excessive costs in comparison to the manner suggested by FLASHPOINTS. When evaluating the excess of costs, the value of a Product free from faults is taken into account, along with the type and meaning of the fault found, as well as inconvenience the Consumer would be exposed to as a result of other kind of compensation.
8. The Customer who executes their rights resulting from the warranty, is obliged to supply the faulty Product to the following address: ul. Jana z Kolna 35, 81-859 SOPOT
9. If the buyer being a Consumer demands the items to be replaced or the fault to be removed, or submitted a declaration about price lowering, defining an amount by which the price should be lowered, and FLASHPOINTS did not opinionate this demand within 14 days, it is considered that the demand was accepted as justified.
10. FLASHPOINTS is responsible by virtue of warranty, if the physical fault is found before two years after the day on which the item was handed out to the Customer. The claim for removal of a fault or Product replacement for a fault-free one becomes overdue at the end of the year from the day on which the fault was found, however, in the case of Product purchase by a customer – the course of overdue deadline may not end before the deadline mentioned in the first sentence.
X. Address, to which the consumer may submit complaints related to the Products
The Customer (incluing the Consumer) may submit their claim related to Product faults, in particular by sending a letter to the following address: FLASHPOINTS Sp. z o.o.. ul. Armii Krajowej 95/2 81-824 SOPOT POLAND or by sending an e-mail message to the address: info@SuperSpokeGuard.com. Please attach, if possible, a copy of a Product purchase proof to the complaint (e.g. a receipt, an invoice). In order to speed up processing of the complaint submission, please specify the reason behind the claim, the claim submitted by the Customer and contact data of the Customer. If the complaint submission does not contain information required to process the complaint, FLASHPOINTS will contact the Customer in order to obtain it.
XI. Method and deadline for execution of the right to terminate the agreement
1. The Consumer has the right to cancel the sales agreement of the Product entered into within the Store within 14 days, without specifying reasons and without any costs whatsoever other than foreseen in legal regulations.
2. The Consumer may cancel the agreement submitting a cancellation declaration to FLASHPOINTS. Such a declaration may be submitted using the form template for agreement cancellation (according to the statutory form template mentioned in art. 30 p. 1 of the consumer rights Act), comprising an appendix to these Rules. At their own discretion, in retards to cancellation the Product sales agreement, the Consumer may alternatively use the form offered by FLASHPOINTS, attached to the delivery containing Products, however, this is not obligatory. This does not limit the rights of the Consumer to submit any other declaration with the same meaning, where they inform about their decision to cancel the agreement.
3. If the Consumer submits a declaration about cancellation of the agreement via e-mail, such declaration should be sent to the address: info@SuperSpokeGuard.com. If the Consumer submits a declaration about cancellation of the agreement in a written form, such declaration should be sent to the address: FLASHPOINTS Sp. z o.o.., ul. Armii Krajowej 95/2 81-824 SOPOT POLAND. In order to meet the dealine, it is enough to send the declaration before the deadline.
4. The course of the 14 – day period for agreement cancellation starts, in a case of Product sales – at the time the Products are collected by the Consumer or a third party indicated by them, other than the carrier. If the sales agreement includes many products which are supplied separately, in batches or in parts – since obtaining the last item (Product), batch or part.
5. In case of cancellation of an agreement remotely entered into, it is considered as never having been entered into. FLASHPOINTS shall be obliged to return all payments made be the Consumer, including Products delivery costs, within not later than 14 days after obtaining the declaration of the Consumer about agreement cancellation. FLASHPOINTS returns payments made using the same payment method as used by the Consumer, unless the Consumer agreed to another method of return, which does not incur any costs on its side.
6. FLASHPOINTS may, within a promotional activity or a special offer, according to conditions defined in separate rules, offer the Consumer to have the returned Products collected by FLASHPOINTS. In other cases, FLASHPOINTS may wait with return of payments received from Consumer until the time when the Products are returned, or the Consumer provides a proof that the Products have been sent back – depending on which of the circumstances occurs first.
7. If possible, please attach a purchase proof (e.g. receipt, invoice) to the returned Product.
8. If the Consumer selects the method of Product delivery other than the cheapest, regular method of delivery offered by FLASHPOINTS, FLASHPOINTS shall not be obliged to return the Consumer the additional costs related to the delivery method.
9. The Cosumer shall be obliged to return the Product to FLASHPOINTS or to hand the Product over to the individual authorised by FLASHPOINTS immediately, however, not later than 14 days since the day on which the agreement cancellation took place, unless FLASHPOINTS – as a part of separate Promotion conditions – will offer the Cosumer an option of collection of the returned Products from him or her. The 14 – day period will be considered as respected if the Products are sent before the end of the period. Please pack and secure the returned Products in a manner preventing their damage during transport.
10. The returned Products must be sent back to the following addresses:
in the Products are returned using services of a courier – the the following address:
Flashpoints Sp. z o.o.
ul. Jana z Kolna 35,
81-859 SOPOT POLAND
11. The Consumer shall bear only direct costs of Product return, unless FLASHPOINTS agrees to bear such costs as a part of separate promotion conditions defined in promotion rules.
12. The Consumer shall be responsible for decreasing the value of returned Products resulting from using them in a manner extending beyond use necessary to confirm their character, features and functioning. FLASHPOINTS reserves the right to claim damages from the Consumer, within scope foreseen by effective legal regulations.
XII. Lack of right to cancel the agreement
The Consumer shall not have the right to cancel the agreeement in regards to the following agreements:
a. if the subject of the service provided includes a Product delivered in a sealed package, after opening of which the Product may not be returned because of health safety and protection or for hygienic reasons, if the package was opened after delivery;
b. if the subject of the service provided includes a Product which, after delivery, because of their nature, becomes irrevocably combined with or attached to other objects.
XIII. Personal data protection
1. Personal data of the Customer are processed by FLASHPOINTS as the personal data administrator.
2. Provision of personal data by the Customer is voluntary, but necessary in order to create a Customer Account or to place an Order.
3. FLASHPOINTS uses appropriate technical and organizational measures, ensuring protection of processed personal data.
4. The Customer has the right to access their personal data as well as to amend and delete them. Personal data may be amended or deleted after logging on to the Customer account or in case of unregistered Customers, the Customer may amend or delete their data by sending a respective inquiry to FLASHPOINTS.
5. Personal data of the Customer are processed in order to executed Customer Orders, to provide correct provision of services provided electronically and in order to inform the Customer about products offered and services provided by the Store.
XIV. Information about technical methods and measures used in error detection and correction in the entered data:
1. Upon Order placement, until the moment the button “Go to checkout” is pressed, the Customer has the option of correction of all data entered in the “Basket” panel by themselves, by adding or removing the particular item from the Basket. A correction of a placed Order may also by made via telephone or by sending an e-mail to the BOK address indicated in p. II.
2. The Customer has the option of changing data entered during Account creation at any time, using options available within the Customer Account.
XV. Preservation, security and making the contents of the agreement available
1. These Rules are available on the following website https://superspokeguard.com/en_GB/i/Service-Rules/28 and at the main office of FLASHPOINTS Sp. z o.o. in Sopot ul. Jana z Kolna 35 81-859 SOPOT. Customers may access these Rules at any time as well as download them in *.pdf and *doc formats as well as print it out.
2. Preservation, security and making the important stipulations of the agreement entered into and their confirmation takes place by sending an e-mail message containing confirmation of the placed Order to the customer, and by attaching an Order specification and a fiscal purchase proof to the delivery containing the Product for the Customer.
3. Preservation, security and making the contents of the agreement for providing services electronically takes place by sending an e-mail message to the e-mail address specified by the Customer.
XVI. Final stipulations
1. The sales agreement and the agreement on providing services electronically is signed in Polish.
2. The Rules become effective as of 25th December 2014.
3. FLASHPOINTS reserves the right to change the Rules if at least one of the important reasons listed below occurs (closed catalogue):
a. change of legal regulations determining Products sales or provision of services using the electronic method by FLASHPOINTS influencing mutual rights and obligations defined in the agreement on providing services or in the sales agreement entered into by the Customer and FLASHPOINTS.
b. the necessity of adjusting FLASHPOINTS activity to enforcements, decisions, resolutions or suggestions resulting from:
- a decision of a public state agency related to the field of business operation of FLASHPOINTS or
- court decision applying to the field of operation of FLASHPOINTS
influencing mutual rights and obligations defined in the agreement on service provision or in the sales agreement entered into between the Customer and FLASHPOINTS:
c. change of method of providing services electronically by FLASHPOINTS caused only by technical or technological reasons (in particular, updates of technical requirements indicated in these Rules);
d. change of scope or rules of electronic provision of services by FLASHPOINTS, to which stipulations of the Rules apply, by introducing new, modifying or withdrawing current functionalities or services covered by the Rules and offered to the Customer by FLASHPOINTS;
e. merger, division or transformation of FLASHPOINTS or changes to identification data of FLASHPOINTS defined in the Rules.
4. FLASHPOINTS will inform their customers about Rules changes with adequate notice period.
5. In case of Customers who accepted the Rules, they have the right to terminate the agreement within 14 days after they receive the notification about Rules change. The change to Rules does not influence the contents and conditions of Products sales agreements entered into by the Customer and FLASHPOINTS before the Rules change.
6. If changes are made to the Rules, FLASHPOINTS will make the uniform text of Rules available by publishing it on their website and using a message sent to the e-mail address specified by the Customer.
7. In case of sales agreements or agreements on provision of electronic services entered into within the Store, law of the Republic of Poland shall apply, and the jurisdiction shall be with general courts of the Republic of Poland, unless currently effective legal regulations regulate it otherwise. Potential disputes between FLASHPOINTS and the Customer who is not a Consumer, shall be taken to a court appropriate for the location of the main office of FLASHPOINTS.
8. Selection of Polish law on the basis of these Rules does not exclude protection of the Consumer granted on the basis of legal regulations which may not be excluded as a result of agreement between FLASHPOINTS and the Customer, by virtue of law which would be the law of choice according to appropriate regulations, had no selection been made.
9. The Rules are available for the Customers, free of charge, at the following URL address https://superspokeguard.com/en_GB/i/Service-Rules/28 where the Customers may browse them at any time, as well as to print the Rules out.