PolskiTerms of use and sale in online store
Forge of Generals as of July 5, 2022
§ 1
General provisions
1. Forge of Generals online store (hereinafter referred to as “Store”) available at the Internet address forgeofgenerals.eu is operated by Data Legal Solutions sp. z o.o. with its registered office at ul. Obrzeżna 5 in Warsaw (02-691) registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Department of the National Court Register under No. 0000722574, REGON: 369669450, NIP: 5213816567, share capital of PLN 5,000 fully paid up (hereinafter referred to as “DLS”).
2. These Regulations are addressed to both Consumers and Businesses using the Store (hereinafter referred to as “Customers”) and sets out the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.
3. Store contact information:
Online store and 3d Forge of Generals printing store
Operated by
Data Legal Solutions sp. z o.o. with its registered office at
Obrzeżna 5 street in Warsaw (02-691).
E-mail address: sklep@forgeofgenerals.eu.
Phone number: +48 535 431 527 Customer Service hours are listed on this page (charge as for a regular phone call, according to the tariff package of the service provider used by the Customer).
4. The Regulations of the Forge of Generals online store are made available continuously on the website sklep forgeofgenerals.eu in a manner that allows customers to obtain, reproduce and record its content.
5. The Regulations constitute a model contract within the meaning of Article 384 of the Act of April 23, 1964 Civil Code.
6th Developing the Regulations is a fulfillment of the obligation indicated in Article 8 paragraph 1 point 1 of the Act of 18 July 2002 on electronic service provision
§ 2
Definitions
1. Forge of Generals – trade name of the online store available in the domain forgeofgenerals.eu, operated by DLS
2. Buyer – a natural person over 16 years of age, as well as a legal person or an organizational unit without legal personality, to which legal capacity is granted by law, who uses the Store, in particular, who, under the terms of these Regulations, created an account in the Forge of Generals online store and placed an order through the Store;
3. User – any natural person who is 16 years of age or older, as well as a legal person or an organizational unit without legal personality, which is granted legal capacity by law, who, under the terms of these Regulations, has created an account at the Forge of Generals store
4. consumer – a natural person who enters into a contract with the Seller through the Store, the subject of which is not directly related to its economic or professional activity
5. SOLOPRENEUR – an entrepreneur who runs a sole proprietorship registered in the Central Register of Business Activity and Information (CEiDG), concluding a contract with the Seller under the Shop, the subject of which is not directly related to its economic or professional activity
7. Seller – Data Legal Solutions sp. z o.o. with its registered office at 5 Obrzeżna Street in Warsaw (02-691).
8. Account – User’s profile created on the basis of e-mail address and password, which contains information about the User/Purchaser and order history (e.g. orders placed, fiscal invoices). The User/Purchaser is responsible for ensuring that all information in the Account is correct, complete and up-to-date.
9. Watched – the section of the Account that allows the Buyer/User to create Lists of Goods and Services that he/she wishes to watch for possible purchases, using the Store’s offered Goods and Services tracking service of receiving information regarding favorite products (information when the price of a product decreases, it is in limited quantity or it returns to the offer);
10. List – a section in Favorites where the Buyer/User can add Goods or Services that he/she wants to observe for potential purchase and which he/she can then remove or add to the shopping cart (“My Cart”);
11. My Shopping Cart – the section of the Account that allows the Buyer/User to add Goods or Services that he/she wishes to purchase at the time of addition or later; in the event that Goods and Services are not purchased at the time of addition by placing an Order, the Buyer/User will benefit from the Goods and Services tracking service offered by the Seller consisting of receiving information from the Seller regarding the products added to the shopping cart;
12. the Site – the online store operated at the Internet address forgeofgenerals.eu
13. Goods and Services – any product or service listed on the Site, including products and services listed in the order to be delivered by the Seller to the Buyer after the conclusion of the Contract;
14. Contract – means a remote agreement concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer;
15. User’s Account Contract – a contract concerning the maintenance of an Account between the User and the Seller, the subject of which are the services provided by the Store under the terms of these Regulations.
16. commercial information – any type of message sent via electronic communication channels (such as: e-mail/ SMS/web push/mobile push, etc.) containing information about products similar or complementary to those purchased, information about offers or promotions, information about Goods and Services added to the “Account/My Cart” section or to the “Account/Watched” section, as well as other information such as market research and opinion polls;
§ 3
Rules of use of the Forge of Generals online store
1. In order to use the Store, including browsing the Store’s assortment and placing orders for products, you need:
(a) a computer, laptop or other mobile device with Internet access;
(b) access to e-mail;
(c) web browser: Mozilla Firefox version 60.0 and higher or Microsoft Edge version 8.0 and higher, Opera version 50.0 and higher, Google Chrome version 60.0. and higher, Safari version 10.0 and higher;
(d) minimum computer or laptop screen resolution of 1024 x 768 pixels;
(e) enable cookies and Javascript support in your web browser;
(f) Android or IOS operating system (when using the functionality of the online store on a smartphone).
2 Threats related to the provision of the Services and data security the systems and applications used by the Seller ensure a high standard of security and protection of personal data. However, the User should be aware that the use of the Services requires the use of a public telecommunications network (Internet), which involves an increased risk of the following risks:
(a) the possibility of receiving spam, i.e. unsolicited advertising (commercial) information transmitted electronically;
(b) the presence and operation of malware, including: computer viruses, i.e., specific software that is capable, once launched, of infecting files in a self-replicating manner, usually without being noticed by the user; viruses can be more or less harmful to the operating system in which they reside. The carrier of this type of software can be email attachments;
(c) the presence and operation of Internet worms (worms), i.e., malicious software capable of self-replication; in this case, the lack of proper maintenance (software updates) of the computer system by the User may lead to a successful Internet worm attack;
(d) the possibility of spyware, that is, software that spies on the User’s Internet activities, installing itself without the User’s knowledge, consent and control;
(e) the possibility of being exposed to cracking (security breaches) or phishing (password fishing);
(f) sniffing – unauthorized eavesdropping, other than those falling under the terms of cracking and phishing, involving the use of a sniffer – a computer program whose task is to intercept and possibly analyze data flowing over the network;
g) the possibility of being exposed to the actions of other unwanted or “malicious” software, performing actions unintended by the user.
3. The Buyer / User is obliged to use in a manner consistent with the law and good morals, taking into account respect for personal rights and copyrights and intellectual property rights of the Store and third parties. The Buyer/User is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the contents of the Store. The Buyer/User is prohibited from providing unlawful content.
4. The Buyer/User has the opportunity to use the Store by registering and thus creating an Account, in which data and information about the Customer regarding his/her activities at Forge of Generals are collected. The provision of services within the Account is free of charge and indefinite. The Buyer/User has the right to terminate the contract concluded with the Store regarding the Account, at any time by sending a termination statement to email:sklep@forgeofgenerals.eu. The above does not apply to situations in which the Store is in the process of processing an order placed by the Buyer. In such a case, the effect of termination of the contract will occur when the order in question is processed.
5. In order to register with the Store, it is necessary to complete the registration form by providing at least the following data: first and last name, e-mail address. A message confirming the establishment of an account in the Store, as well as the password to the Account, will be sent to the e-mail address of the User placed in the registration form. Upon receipt of the message confirming the establishment of the account, the Account Agreement is concluded.
6. Registration in the Store allows the User/Buyer to: enter, edit or delete data, including delivery addresses; place orders using the data entered by the User/Buyer; create a shopping list; view order history/status; manage the information/notifications he/she wishes to receive including ordering and opting out of receiving commercial information and use other functionalities made available to registered Users.
7. browsing the assortment or placing orders through the Store and does not require registration.
8. The User/Purchaser may file a complaint about the functioning of the Store within 30 days from the date on which defects or interruptions in service occurred. A complaint should be made in electronic form by sending an e-mail to: sklep@forgeofgenerals.eu or in writing to the address of the Store indicated in § 1 paragraph 2. of the Regulations. In the complaint, the User should provide: his/her name, mailing address, type and date of the reasons for the complaint.
9. The complaint will be considered by the Store within no more than 14 days from the date of its receipt. The User will be immediately informed of the results of the consideration of the complaint.
10. In the case of a legal person and an organizational unit without legal personality, any action of this entity may be performed only by a person who is authorized to perform on behalf of the entity to carry out activities related to the use of the Store and to exercise all the rights and obligations of this entity as a Buyer / User.
11. In connection with the specificity of the Store, the possibility of purchasing models by entrepreneurs for resale of the purchased models is excluded.
§ 4
Product prices and available payment methods
1. The prices of goods presented on the Store’s website are expressed in Euro (or in USD, Polish zloty if you change it) and are gross prices, i.e. they include value-added tax (VAT).
2. A limited number of Goods or services are intended for sale, including promotional sales and sales outlets, which results in the execution of orders in the order of their receipt, until the stocks of a given Goods / Services are exhausted. In the event of any confirmation of order acceptance despite the exhaustion of stocks, §5 paragraph 2, the third sentence shall apply.
3. Prices of goods listed on forgeofgenerals.eu do not include the cost of delivery of products. The costs of delivery of the ordered products are each time indicated on the forgeofgenerals.eu website during the ordering process, including immediately before and at the time of order approval and submission, and are included in the total value of the order. The total value of the order includes the price of the goods and the cost of delivery.
4. For each product sold by the Store, a sales order or VAT invoice is issued – at the request of the buyer. The sales order or invoice is delivered electronically to the e-mail address provided by the Buyer. By using the sending of a sales order or invoice electronically, the buyer agrees that the sales order or invoice will be sent by e-mail in an unsecured form, i.e. without a password. The Buyer may write in the comments to the order that the receipt or VAT invoice should be delivered in printed form. Acceptance of the Regulations constitutes at the same time an agreement to send (make available) invoices in electronic form, within the meaning of the provisions of the Law of March 11, 2004 on tax on goods and services, according to the rules described in the Regulations. The indication by the Buyer of data for issuing a VAT invoice in the form of NIP number and the company of a sole proprietorship, partnership, legal entity or organizational unit without legal personality, means the expression of the will to conclude a sales contract as an entrepreneur.
5. The buyer is obliged to pay the price for the product ordered in the Store, including the cost of delivery, no later than 10 days from the date of conclusion of the contract, except for orders placed with the form of payment on delivery. An order not paid within the aforementioned period results in automatic cancellation of the order except for COD orders.
6. The buyer purchasing products offered by Forge of Generals has the following methods of payment for the product:
a) by wire transfer – a form of payment for customers who prefer to log in to an online bank by themselves or visit a bank branch. After placing an order, the customer receives by electronic mail (e-mail) the bank account number to which the correct amount should be transferred. As soon as the payment is credited to the Store’s bank account, the order is transferred for processing.
b) Online transfer – a form of electronic payment handled by:
· PayPro S.A. with its registered office at 15 Kanclerska Street, 60-327 Poznan, a clearing agent within the meaning of the Electronic Payment Instruments Act, supervised by the Polish Financial Supervision Authority,
· Stripe Technology Europe, Limited (the e-money licensed entity with the Central Bank of Ireland)
· CINKCIARZ.PL Sp. z o.o. with its registered office in Zielona Gora, at 9 Sienkiewicza Street, 65-001 Zielona Gora, Poland, entered into the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register under the number KRS 0000364722,
Separate hereinafter referred to as the “Agent”, which is the Administrator of the data provided during electronic payment.
c) By payment card (Visa, Mastercard) – each card payment transaction is securely authorized by PayPro S.A. or Stripe Technology Europe, Limited or Conotoxia Sp. z o.o. (Cinkciarz PAY) . As soon as the payment is confirmed, the order is transferred for execution.
7. Customer’s payment card details are entered only on the secure pages of the Agent and never reach DLS or are otherwise available to DLS.
8. Payments authorized by the Agent are processed using an encrypted data transmission protocol.
9. When payments are processed through an Agent, the Store receives online information about acceptance or rejection of the payment. The time of payment confirmation depends on the payment method selected by the Customer and on the capabilities of the bank cooperating with the Agent and does not depend on DLS.
§ 5
Procedure for concluding a sales contract
1. The information on the website of the Forge of Generals store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code (consolidated text of the Journal of Laws of 2019, item 1145, as amended). The buyer placing an order using the mechanisms available in the Store makes an offer to conclude a contract for the purchase of a specific product under the conditions specified in the product description.
2. The order will be accepted and fulfilled provided that the Goods or service is available in the Store’s warehouse or from the Store’s supplier. In the case of unavailability of Goods or services, the Store shall place appropriate information about it on the Store’s website next to the description of a given Good or service, while the absence of such information on the Store’s website does not mean that a given Good is definitely available. In the case of unavailability of the Goods in the description of which there was no relevant information, and confirmation of the acceptance of the order for the Goods, despite its unavailability, the Store reserves the right to contact the Customer by e-mail or in any other available manner, in order to agree on the manner of solving such a problem, in particular by, for example, proposing replacement Goods and modifying the order, or cancelling the order, taking into account the legitimate interests of the Customer.
3. After placing an order, the Buyer shall receive an automatically generated e-mail from Forge of Generals confirming the registration of the order. This e-mail is not tantamount to a statement of acceptance of the offer and the conclusion of the sales contract. The contract of sale is concluded after Forge of Generals confirms the availability of the product and acceptance of the Buyer’s offer, which will be confirmed by a separate e-mail sent to the Buyer after the order is completed.
4. Once the contract of sale is concluded between the Buyer and the Seller, the Seller will confirm its terms and conditions to the Buyer by sending them in an e-mail to the Buyer’s e-mail address. Confirmation, access, consolidation, securing the content of the concluded agreement shall be made by sending the Buyer the above-mentioned e-mail with confirmation of acceptance of the order for execution.
5. The contract concluded between the Buyer and the Seller for the purchase of a given product at Forge of Generals is of a definite nature and lasts for the period of execution of the order. The place of performance related to the purchase of products in the Store is the delivery address indicated by the Buyer.
§ 6
Order fulfillment, time, method and cost of delivery of the ordered product
1. The ordered product is delivered through courier companies cooperating with the Store. Goods ordered through the Store are delivered within the territory of the Republic of Poland.
2.The Buyer shall bear the costs of delivery specified in the Ways and Costs of Delivery tab.
3.The time of delivery of products by the Store is each time of printing plus the time of completing the order and the time of delivery. Preparation of the product for shipment, as well as its delivery is carried out only on business days. The Shop’s lead time depends on the Shop’s production capabilities, but it should not take longer than 10 working days.
4. Detailed information about order processing times and costs associated with various forms of payment can be found on the forgeofgenerals.eu website in the Delivery Time and Costs tab.
§ 7
Warranty claims procedure
1. All products available in the Store are brand new, free from physical and legal defects, and have been legally introduced into the Polish market.
2. The Shop is obliged to provide Consumers/SOLOPRENEUR with goods without physical and legal defects. The Shop shall be liable to Consumers/SOLOPRENEUR for defects in goods under the rules set forth in the provisions of the Civil Code Act of April 23, 1964, in particular Article 556 and subsequent articles of the Civil Code. In the case of non-consumer sales, the warranty provisions of the Civil Code are excluded under Article 558 § 1 of the Civil Code.
3. Complaints under warranty Consumer/solo enterprenero may submit:
a. in electronic form by sending an e-mail to: sklep@forgeofgenerals.eu or
b. using the form located on the website forgeofgenerals.eu/returns and complaints or
c. in writing to the address of the Store specified in § 1 par. 2 of the Regulations.
4. a properly submitted complaint should include: name, surname, address, e-mail address of the Consumer/JDG, the date of conclusion of the sales contract forming the basis of the complaint, the subject of the complaint with an indication of the Consumer/JDG’s request, all circumstances justifying the complaint.
5. Making an appropriate demand or making a statement, the Consumer/SOLOPRENEUR should, at the expense of the Seller, deliver the defective item to the Store in order to enable the Seller to examine the item and take a position on the validity of the reported demand or made statement.
6. If the data or information provided in the complaint needs to be supplemented, the Store will ask the complainant to supplement it in the indicated scope before considering the complaint.
7. The store shall consider the complaint within 14 days from the date of its receipt. The response to the complaint is sent to the e-mail address provided by the Consumer/SOLOPRENEUR or to the postal mail address. If within 14 days the Shop does not respond to the demands, it means that it recognized the demands as justified.
8. The defect-free product is sent back to the Consumer/SOLOPRENEUR at the expense of the Shop.
9. The Consumer/SOLOPRENEUR has the right to demand a reduction in price or withdraw from the contract, unless the Shop immediately and without excessive inconvenience to the Consumer/SOLOPRENEUR replaces the defective product with a defect-free one or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the Shop or if the Shop has not replaced the product with a defect-free product or removed the defect.
§ 8
Withdrawal from the contract
1. Pursuant to Article 27 of the Consumer Rights Act of May 30, 2014, a Consumer/SOLOPRENEUR who has concluded a remote contract through the Store may withdraw from the contract within 14 days without giving any reason. To meet the deadline it is sufficient to send a statement before its expiration. The principles of withdrawal from the contract, including a model form on withdrawal from the contract, which the Consumer/SOLOPRENEUR may use, as well as cases in which the right to withdraw from the contract is not entitled, are specified in the instruction, which constitutes Appendix No. 2 to the Regulations. The provisions of this paragraph shall apply mutatis mutandis to the withdrawal from the Agreement concerning the Customer’s Account in the Store.
2. In the event of withdrawal from the Sales Agreement, it is considered not concluded. The Consumer/SOLOPRENEUR is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he/she withdrew from the Sales Agreement. To meet the deadline it is sufficient to return the Goods to the Seller’s address before the expiration of this period.
3. The Consumer/SOLOPRENEUR shall bear only the direct costs of returning the goods to the Seller (the cost of returning the product to the Seller). The Consumer/SOLOPRENEUR shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
4. In the event of withdrawal from the contract, the Shop will return to the Consumer/SOLOPRENEUR all payments received from him/her, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Consumer/SOLOPRENEUR other than the cheapest ordinary method of delivery offered by the Seller The Shop will make a refund immediately, but no later than within 14 calendar days from the date on which the Seller was informed of the Buyer’s decision to exercise the right of withdrawal. The Shop will refund the payment using the same means of payment that were used by the Consumer/SOLOPRENEUR in the original transaction, unless the Consumer/SOLOPRENEUR expressly agrees to a different solution; in any case, the Consumer/SOLOPRENEUR will not incur any fees in connection with the return of the payment by the Seller. The Store has the right to withhold the refund until it receives the item or until it is provided with proof of its return, whichever event occurs first.
§ 9
Processing of personal data
1. The administrator of personal data of Users who are natural persons is the Seller.
2. Personal data obtained through the operation of the Account, shall be processed:
a. in order to perform the Agreement and the User Account Agreement on the basis of Article 6(1)(b) of the GDPR, and in particular in order to:
i. Performing the Agreement concluded remotely between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer,
ii. improving the quality of services provided through market research, Users’ behavior and preferences, adapting the Site’s offer to Users’ expectations, creating a collective image of Users and advertising, and for statistical and administrative purposes;
iii. to provide the Newsletter service under the terms and conditions specified in the regulations of this service.
b. for the purpose of exercising the withdrawal from the contract concluded at a distance on the basis of Article 27 of the Act of May 30, 2014 on Consumer Rights and for the purpose of exercising the rights concerning the warranty for defects of the sold thing on the basis of Article 560 of the Civil Code and Article 561 of the Civil Code on the basis of Article 6(1)(c) of the GDPR
3. The data required for payment for an order are collected by the Seller only in the case of payment by traditional bank transfer, and in the case of other non-cash payments, the Administrator of this data is PayPro S.A. company.
4. The User is responsible for providing personal data that does not belong to him or is false.
5. the User, being a natural person, shall have the right to:
a. the right to withdraw the granted consent;
b. the right to object to data processing;
c. the right to access personal data; the User may exercise the right to access and correct his/her data by sending a message to biuro@datals.pl
d. the right to request rectification of personal data;
e. the right to request deletion of personal data;
f. the right to request restriction of processing of personal data;
g. the right to portability of personal data, i.e. the right to receive personal data from the Seller in a structured, commonly used machine-readable computer format. You may send this data to another Data Controller. The right to portability of personal data applies only to those data that we process on the basis of a contract with the data subject or on the basis of his consent;
h. right to lodge a complaint with an authority – the data subject also has the right to lodge a complaint with the supervisory authority dealing with personal data protection, i.e. the President of the Office for Personal Data Protection.
6. Provision of data is voluntary, however, failure to provide data may hinder or prevent the use of the Account and conclusion of the Agreement. Provided data will not be made available to other entities for their marketing purposes.
7. Provided data will be processed for the period of limitation of claims arising from non-performance or improper performance of this Agreement. This period will be calculated from the date of termination of this Agreement.
8. With regard to the operation of the Account, personal data has been entrusted to Thecamels S.C. Kamil Porembiński, Adam Mirowski, with its registered office at 18 Wróblewskiego Street, 93-578 Łódź, having NIP number: 728-266-32-34 and REGON number: 100-377-635.
9. detailed information on the processing of personal data can be found in the Privacy Policy regarding the processing of personal data with the use of cookies in the cookie policy.
§ 10
Out-of-court means of dealing with complaints and claims.
1. Any disputes related to the services provided by the Store at forgeofgenerals.eu will be settled by common courts. Settlement of disputes arising between the Shop and a Buyer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Shop.
2. The Consumer has the opportunity to use out-of-court settlement of complaints and claims before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection in Warsaw. Information on how to access the aforementioned dispute resolution mode and procedures, can be found at the following address: www.uokik.gov.pl, under the “Consumer Dispute Resolution” tab.
3. At http://ec.europa.eu/consumers/odr, the consumer can access the settlement of consumer disputes electronically through the EU online platform (ODR platform). The ODR platform is a multilingual, interactive website for serving consumers and businesses seeking out-of-court settlement of disputes arising from the conclusion of a distance sales or service contract.
§ 11
Final Provisions
1. The store has the right to organize promotional actions, the . detailed conditions of which will be each time determined on the forgeofgenerals.eu website. A limited number of products is intended for sale in promotional actions. Fulfillment of orders placed by Buyers follows the order of their placement until the stocks covered by a particular promotional action are exhausted. Individual promotional actions in the Store do not merge, unless the Regulations of a given promotional action state otherwise.
2. The Store may amend the Regulations and launch a new version of the services provided under forgeofgenerals.eu. The change shall become effective on the date indicated by the Store, with the proviso that the provisions of the previously effective Regulations shall apply to orders placed before the change takes effect.
