- This website is operated by BRO ENTERPRISE sp. z o.o./ funnyhelmetcovers.com
Throughout the site, the terms “we”, “us” and “our” refer to BRO ENTERPRISE sp. z o.o./ funnyhelmetcovers.com
BRO ENTERPRISE sp. z o.o./ funnyhelmetcovers.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
- These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Our store is hosted on H88 S.A. (ul. Franklina Roosevelta 22, 60-829 Poznań, Poland) They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- These regulations specify the conditions for making purchases on the website funnyhelmetcovers.com
- In order to avoid errors when using the services of our store and placing orders, it is necessary to use one of the following internet browsers: Google Chrome, Internet Explorer, Opera – Mozilla, Firefox, etc.
9.The seller is BRO ENTERPRISE sp. z o.o. with headquarters in Toruń, ul. Ryżowa 5.
- The SELLER applies the European Code of Conduct in Electronic Commerce. Below is a link to the Polish version of the Code: http://www.euro-label.com/pl/kodeks/index.html
- CLIENT – is obliged to enter data into the system in accordance with the facts, in accordance with the law and morality. The data provided may not infringe the personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document – a receipt or an invoice for each sale of the product.
- Shopping, payment and delivery.
2.1. All orders in our store are orders with the obligation to pay;
2.2. According to art. 535 of the Polish Civil Code, the seller undertakes to transfer the property to the buyer and give him the item, and the buyer undertakes to pick up and pay the seller the price;
2.3. A customer who purchases at a distance, who wishes to deliver goods via courier or Poczta Polska after submitting the offer, is asked to immediately send to the e-mail address: firstname.lastname@example.org
III. Shipping and payment information,
3.1. selection of payment (download or transfer), choice of courier or Post Office.
The cost of delivery depends on the weight and dimensions of the selected product (goods). Checking the exact value of shipping costs can be done by placing products in the shopping basket. Placing products in the shopping basket is not tantamount to expressing the will to buy them.
a contact phone, which at the customer’s request will be forwarded to the courier for contact before delivery,
possible request for a VAT invoice along with the invoice details (otherwise a fiscal receipt will be issued);
3.2. Each client choosing a payment method should make a transfer to the data
1) PLN – BRO ENTERPRISE sp. z o.o. in Toruń within 7 days. NEST BANK
PLN: 75 2530 0008 2030 1042 6684 0001. Payment title: Name and surname, order number;
2) USD – BRO ENTERPRISE sp. z o.o. in Toruń within 7 days. NEST BANK
USD: 64 2530 0008 2030 1042 6684 0005 Payment title: Name and surname, order number;
3) EUR – BRO ENTERPRISE sp. z o.o. in Toruń within 7 days. NEST BANK
EUR: 91 2530 0008 2030 1042 6684 0004 Payment title: Name and surname, order number;
3.3. We are trying to send every item within one business day from the date of posting the payment on our account or by choosing payment on delivery and receiving full data for shipment – in accordance with applicable legal standards, delivery will be immediate and will take place no later than 30 days;
3.4. Each shipment is carefully packed and secured, but please check its status at the time of receipt at the courier, and any damage to the goods should be reported to the supplier, who is required to write the appropriate report – please report any defects to the seller without delay;
- Withdrawal from the contract.
4.1. Each consumer has the right to withdraw from this contract within 14 days without giving any reason.
4.2. The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the goods;
4.3. To exercise your right of withdrawal, you must inform us, i.e.
BRO ENTERPRISE, ul. Ryżowa 5, 87-100 Toruń, e-mail: email@example.com about its decision to withdraw from this contract by way of an unambiguous statement (for example, a letter sent by post or e-mail).
4.4. To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
- Effects of withdrawal from the contract
5.1.In the event of withdrawal from this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed otherwise.
5.2.We can withhold the return of the payment until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.
5.3.Please send back or give us the item (BRO ENTERPRISE sp. z o.o., ul. Ryżowa 5, 87-100 Toruń) immediately, and in any case not later than 14 days from the date on which you informed us about the withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days. “;
5.4.You will have to bear the direct cost of returning the goods.
You are only responsible for the decrease in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of things. ”
5.5. According to art. 38 of the polish Act on Consumer Rights, the right to withdraw from a contract concluded away from business premises or at a distance is not available to the consumer in relation to contracts:
1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs;
4) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
5) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6) in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
8) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;
9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement;
11) concluded through a public auction;
12) for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events,
6.1. Complaints should be reported to the address BRO ENTERPRISE sp. z o.o., ul. Ryżowa 5, 87-100 Toruń, e-mail: firstname.lastname@example.org
6.2. In the complaint application, please specify whether the complaint is based on the Consumer Act, on the basis of a warranty or using the guarantee, and in addition please describe:
notification, description of the defect (defects),
data to which the reply is to be sent (of course if the customer wants to keep the mailing form);
6.3 We will respond to each complaint promptly, but no later than within 14 days;
6.4. The warranty covers those offers in which the content of the seller clearly indicated that the offer is covered by the guarantee, which has no impact (does not limit) on the other rights of each customer
VII. Confidentiality and privacy protection.
7.1. BRO ENTERPRISE sp. z o.o. located in Toruń is the owner of all photos and descriptions posted in our offers, therefore it is prohibited to copy them without prior consent;
7.2 Any data obtained from the buyer will be used only for the purpose of the contract, and each customer has the right to inspect them.
VIII. Ability to use non-judicial means of dealing with complaints and redress and access to these procedures:
8.1. The buyer who is a consumer has the opportunity to use the out-of-court method of dealing with complaints and pursuing claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Toruń. Information on how to access the abovementioned mode and procedures for resolving disputes, can be found at the following address: http://www.uokik.gov.pl, in the tab “Settlement of consumer disputes”.
- Processing and protection of personal data.
9.1. The CUSTOMER’S Personal Data Administrator processed in connection with the use of the ONLINE STORE is SELLER.
9.2. Providing personal data, as well as consent to their processing are completely voluntary. All personal data provided to us are processed only to the extent and purpose for which the CUSTOMER agreed. In the event that the CUSTOMER does not provide the data necessary to perform the order and does not agree to their processing, it may not be possible to complete the order.
9.3. The administrator ensures the security of the transferred data and the implementation of CUSTOMER’s rights resulting from the RODO Regulation. The CLIENT has the right to access their personal data and rectification or request their complete deletion (if it is not contrary to the law) or limit the right to process their personal data at any time – to this end, you can use the functions in the update store user’s account data or please send a notification (eg to the e-mail address provided), specifying the request for changes or deletion of data from the records.
9.4. The CLIENT has the right to receive data regarding a structured, commonly used machine-readable format. He also has the right to send this data to another administrator, without any obstacles on the part of the ADMINISTRATOR from which the data will be extracted (Article 20 (1)). In cases where it is technically possible, the CLIENT may request the ADMINISTRATOR to forward its data directly to another administrator (Article 20 (2)).
9.5. The ADMINISTRATOR may refuse to delete the CUSTOMER’s data only in cases specified by applicable law, in particular if the CLIENT has not paid all amounts due to the ADMINISTRATOR.
9.6.In order to service the contract, it is necessary to provide the following CONSUMER data:
– surname and name,
– address for shipping products,
– e-mail adress,
– contact telephone number,
– in the case of the company, the company name and tax identification number.
9.7. All personal data provided during the ordering process is used only to form, conclude, change or terminate the Contract between the SERVICE PROVIDER and the CLIENT and fulfill the Contract of Sale or contract for the provision of electronic service or order fulfillment and are not made available to other institutions or third parties – except those described in point .6.
9.8. In the case of the sale of products via the ONLINE STORE in order to deliver products to the CLIENT, personal data necessary to address and deliver the parcel are provided to companies professionally involved in the delivery of parcels – in particular Poczta Polska and courier companies – together with entrusting the shipment to be delivered.
9.9.We give each client the right to negotiate individual terms / conditions of purchase by negotiating a given offer (in writing);
9.10. In the mode of non-regulated rules, they also have a code of conduct in civil matters;
9.11. In short, the Act of February 4, 1994 on copyright and other proprietary companies, as well as their prior combating. legal act;
- Online store terms.
10.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
10.2.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
10.3.You can’t transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
- General conditions
11.1.We reserve the right to refuse service to anyone for any reason at any time.
11.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
11.3.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
11.4.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
XII. About information on website
12.1.We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
12.2.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
XIII. Modifications to the service and practice
13.1.Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
XIV. PRODUCTS OR SERVICES
14.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
14.2.We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
14.3.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
14.4.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- Accuracy of billing and account information
15.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
15.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
XVI. Optional tools
16.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
16.2. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
XVII. Third party links
17.1. Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
XVIII. User comments, feedback and other submissions.
18.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
18.2.We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
18.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any kind of virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
XIX. Personal informations
- Errors, inaccuracies and omissions
20.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
20.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
XXI. Prohibited uses
21.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XXII. Warranties and liability
22.1.We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
22.2.You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
22.3.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
22.4.In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
23.1.You agree to indemnify, defend and hold harmless BRO ENTERPRISE sp. z o.o./ funnyhelmetcovers.com. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- 1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
25.2.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
25.3.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XXVI. Entire agreement
26.1.The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
26.2.These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
26.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
XXVII. Governing law
27.1.These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of POLAND.
XXVIII. Changes to the term of service
28.1. You can review the most current version of the Terms of Service at any time at this page.
28.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
XXIX. CONTACT INFORMATION
29.1. Questions about the Terms of Service should be sent to us at email@example.com