1. PROBALLOONING online store, operating at:
www.proballooning.com, is run by PROBALLOONING Przemysław Mościcki, with headquarters at: Ostrowiec 10.05-651 Chynów, operating under the NIP number: 7971952801, REGON: 382966614.
2. These Online Store Regulations define the rules for making purchases in the PROBALLOONING online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.
3. In terms of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of road services electronic of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended)
4. The Regulations are addressed to all Customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase
5. Each customer is obliged to comply with the provisions of the Regulations.
The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.
6. Each customer has the opportunity to read the Regulations at any time by clicking on the Store’s website www.proballooning.com in the hyperlink “Store Regulations”. The regulations can be downloaded and printed at any time.
7. All information contained on the website of the Store www.proballooning.com relating to products (including prices), do not constitute an offer within the meaning of Art. 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to buy the indicated Good or the indicated Service for the price and under the conditions specified in the description.
Regulations – this set of regulations that organize the rules of using the Store’s Services by Customers.
Consumer (contracts concluded before January 1, 2021) – a natural person who performs a civil law contract through the Store, not directly related to its business or professional activity.
Consumer (contracts concluded from January 1, 2021) – the following persons are considered by the Consumer:
a natural person making a civil law contract through the Store, not related directly to its business or professional activity – the so-called “Consumer sensu stricto”
and a natural person concluding a civil law contract through the Store, directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity – the so-called “Entrepreneur with Consumer Rights”.
For the purposes of these Regulations, it is assumed that if the two groups of entities are not distinguished, the Regulations apply to both Consumers sensu stricto, as well as Entrepreneurs with Consumer rights.
Customer – a natural person (including a Consumer) who is at least 13 years of age (provided that he has obtained the consent of a statutory representative), a legal person and an organizational unit that is not a legal person, whose specific provisions grant legal capacity, which uses the Services provided by the Store .
Order Form – a service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Goods or Services to the Basket and defining certain conditions of the Sales Agreement, including method of delivery and payment.
Cart – an element of the Store in which the Goods or Services selected by the Customer are visible and in which the Customer has the option of determining and modifying the Order data, including the number of Products purchased.
Store – a website belonging to the Seller, available under the domain: www.proballooning.com, through which the Customer may purchase Goods or Services from the Seller.
Seller – PROBALLOONING Przemysław Mościcki with headquarters at: Ostrowiec 10, 05-651 Chynów, operating under the NIP number: 7971952801, REGON: 382966614 which, while conducting commercial or professional activity, proposes to sell via its website.
Goods – a movable item that is traded between the Store and the Customer, the terms of sale of which are specified in the Order Form.
Service – economic activity of a non-productive nature, provided without
the simultaneous presence of the Seller and the Customer (remotely), through the transfer of data at the individual request of the Customer, sent and received using devices to electronic processing, including digital compression, and data storage that is entirely set, received or transmitted over a network telecommunications within the meaning of the Act of July 16, 2004 – Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended).
Sales contract – a contract for the sale of Goods or Services at a distance concluded by the Customer via the Store, usually through the Order Form.
1. Before purchasing a ticket / voucher, please read the regulations. The purchase of the voucher means that the customer has read the regulations and accepts all its points.
2. You can return the voucher up to 14 days after purchasing the voucher. Then the voucher is reimbursed in full, without any additional deductions for the work costs of the Customer Service Department and the Accounting Department.
3. Until the flight is completed, the purchased voucher can be exchanged for the same price or for an additional fee for a different type of flight.
4. The flight dates indicated when booking are considered preferred. Confirmation of a specific date depends on meteorological conditions and is agreed with the office after placing the order.
5. Passengers arranged for a given date are required to show up at the meeting point on time with the voucher.
6. Cancellation of the flight by the passenger less than 24 hours before the agreed time of the meeting means that the ticket / voucher will not be used again – the flight will be forfeited.
7. The ticket / voucher has a specified expiry date. 2 years from the date of issue. The ticket / voucher holder is obliged to report and register with the service provider within the specified period and no later than 2 months until the end of the voucher’s validity. Reporting after the deadline may result in refusal to implement.
8. The flight distance specified on the voucher is a contractual time. Flight time depends on the availability of landing spots, flight time may change +/- 15 minutes. Customers do not bear any additional costs in the event of a flight extension. In special cases, the organizer reserves the right to land at any time of the flight if the pilot considers that the safety of passengers is endangered!
9. The pilot is the captain of the aircraft, therefore passengers are required to follow the pilot’s instructions during the flight and during the preparation for take-off. Passengers can actively participate in the disassembly and assembly of the balloon.
10. The decisive factor for the organization of the flight at a given date are the weather conditions: – constant wind and gusts of wind not exceeding 5 m / s
11. The decision to organize a flight on a given date is entirely up to the organizer.
12. Balloon flights take place up to 3 hours after sunrise and 2 hours before sunset. The exact hours of flights depend on the month in which the implementation takes place. Daytime flights are not possible due to thermal phenomena. Winter flights can take place all day long.
13. On board the balloon, passengers may take luggage up to 2 kg and items such as:
Items taken on board the balloon are taken at your own risk.
It is forbidden to bring on board the balloon:
14. The flight cannot be participated in by:
15. During the flight, it is forbidden to drop any objects from the basket of the balloon, leaning out and risking falling out.
16. The organizer is not responsible for soiling / damage to clothing and material items taken on board the balloon. Balloon flights are an outdoor sport for which you should prepare appropriate clothing:
17. Hot-air ballooning is an extreme sport, which you should be fully aware of when taking part in the flight.
18. The place that serves as the Customer Service Office is the seat of the Proballooning Przemysław Mościcki company located in Ostrowiec 10, 05-651 Chynów.
19. Any complaints arising from the implementation of the flight should be reported to the following address: info@proballooning.com
Passengers fly at their own risk and responsibility. Proballooning shall not be liable for damages beyond its own fault in excess of the value of the guaranteed insurance for the passenger seats of the balloon on which the flight is performed.
1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
2. Orders from Customers are accepted via the Order Form sent via the website: www.proballooning.com or by e-mail to proballooning.contact@gmail.com, 7 days a week, 24 hours a day.
3. The order of Goods or Services is carried out by selecting the Goods or Services that the Customer is interested in, clicking the “ADD TO CART” button next to the description of the Goods or Services, and then, from the “CART” level in the Store tab, completing the Order Form, including selecting the form of delivery and payment, or selecting the payment on delivery option, if one is available for the Good or Service, and then clicking on the purchase confirmation.
4. Entrepreneurs recognized as the so-called Entrepreneurs with consumer rights (see:
the definition of “Consumer” in these Regulations), concluding contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods or Services, that the purchase is not of a professional nature for them.
5. After placing the order, the Customer receives an order confirmation to his e-mail address provided in the Order Form.
6. After the Customer receives confirmation of the offer acceptance, the process of order fulfillment by the Seller begins, whereby:
a. in the case of placing an order payable on delivery – it begins on the next business day, after its confirmation by the Seller.
b. in the case of placing an order paid by traditional transfer – begins after the payment for the order is credited to the Store’s bank account.
7. Orders placed in the Store are processed during the Store’s working hours (on business days, from Monday to Friday, from 8:00 to 18:00. Orders placed on business days after 18:00, on Saturdays, Sundays or holidays, will be processed the next business day.
8. The customer will receive a message about the acceptance of the order, which is understood as the Seller’s declaration of acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.
9. A VAT receipt is issued for each order. At the customer’s request, a VAT invoice will also be sent.
10. The available means of communication between the Customer and the Store are:
a. E-mail – proballooning.contact@gmail.com
b. Phone – +48 882 626 919.
c. Correspondence address – Ostrowiec 10, 05-651 Chynów
d. Whatsapp +48 882 626 919.
11. The price given in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due. The cost of delivery is not included in the price, as it depends on the method of delivery chosen by the customer.
12. The Seller reserves the right to change the prices in the Store, introduce new Goods or Services for sale, carry out and cancel promotional campaigns, or make changes to them, in accordance with applicable law.
13. If the Consumer is obliged to pay in excess of the agreed price, described in the previous paragraph, the Store will immediately inform the Consumer about this fact, explaining the reason for the price difference. The consumer will be charged with additional costs only after obtaining the express consent of the consumer.
1. The order is shipped in the Store via:
2. The shipping fee (in PLN) via Poczta Polska is:
3. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and public holidays will be processed the next one business day.
4. The waiting time for the shipment is usually 3 business days. The waiting time consists of the order fulfillment time, i.e. completing the Goods for the order, and the estimated delivery time, which is from 24 hours in the case of Poland.
5. The seller is not responsible for delays resulting from the fault of the carrier.
6. When collecting the parcel delivered by the courier, in his presence, the Customer should carefully check the content and completeness of the parcel, the condition of the external packaging and the condition of the ordered Goods. In the event of damage to the parcel, the Customer should prepare a damage report together with the courier, in two identical copies signed by the Customer and the courier.
7. It is possible to collect the ordered Goods in person at the stationary Store, at the following address: Ostrowiec 10, 05-651 Chynów
8. It is possible to replace the product / service purchased through the website www.proballooning.com for any product / service visible on the website www.proballooning.com with a value equal to or higher than the product / service owned, after paying the difference.
As part of the functioning of the Store, the following payment methods are possible:
a. cash on delivery – upon delivery;
b. by bank transfer to the bank account – 74 1050 1025 1000 0097 5216 6133;
c. payment via Przelewy24, Payu, Blik, Twisto
The customer who has chosen the option of payment by bank transfer, is obliged to pay the fee for the order placed within five (5) working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system. In the title of the payment, it is enough to enter only the number of the order being placed. It is possible to extend the payment deadline, provided that the Store staff is informed of this fact in advance.
1. The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in Art. 556 and following of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).
2. A physical defect of the Goods consists in the non-compliance of the Goods sold with the contract, which takes place when:
3. A legal defect of the Goods occurs when the Goods are owned by a third party or are encumbered with the right of a third party, when the restriction in use or regulation results from a decision or judgment of a competent authority.
4. In the case of the Consumer, the public assurances of the producer or the entity that places the Goods on the market, within the scope of its business activity, or which presents itself as the producer, are treated as equal to the Seller’s assurances. However, the Seller shall not be liable if he did not know these assurances or could not know them, or when these assurances could not have influenced the Consumer’s decision to conclude a sales contract, and when the content of these assurances was corrected prior to the conclusion of the sales contract.
5. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.
6. In the case of the Consumer, when a physical defect has been found within one year from the date of the release of the Goods, it is presumed that the defect or its cause existed at the time of the release of the Goods.
7. If the buyer is a consumer and the physical defect was found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed to the buyer.
8. If the Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or to remove the defect.
9. If the product has a defect, the Customer may also request that the item be replaced with an ad-free item
or remove the defect.
10.The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a product free from defects, or instead of the replacement of the Product, demand the removal of the defect, unless it is impossible to bring the Product to compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method of proposed by the Seller.
11. The customer may not withdraw from the contract if the defect is irrelevant.
12. Complaints about the Goods may be submitted:
a. in writing, to the address of the Seller’s seat;
b. by e-mail, to the e-mail address indicated in the confirmation of placing the Order.
13. The complaint should include:
a. data of the person submitting the complaint (name and surname, correspondence address, optionally – e-mail address and contact telephone number);
b. indication of the reason for the complaint and the content of the request;
c. Order number appearing in the Order acceptance confirmation;
d. the original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the submission of a complaint, but it is not necessary for its submission.
14. The customer who exercises the rights under the warranty will deliver the defective Goods at the Seller’s expense to the following address: Ostrowiec 10, 05-651 Chynów.
15. The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
16. If the complaint is justified, the Seller undertakes to replace the defective Product with a Product free from defects or to remove the defect within fourteen (14) days from the date of reporting the complaint by the Customer.
17. In the event of an effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days from the date of receipt of the withdrawal from the contract, provided that the payment will not be reimbursed until the Product is returned or the Customer provides proof of its
referrals.
18. If the Consumer has requested the replacement of the item or the removal of the defect, or has submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen (14) days, it is considered that the request was accepted justified.
19. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year (1) from the date the defect was discovered. In the case of a Consumer, the limitation period may not end before the expiry of two (2) years.
20. The above provisions do not preclude the Seller from granting a warranty for the purchased Goods and Services, as provided for in separate warranty regulations.
1. In accordance with the Consumer Rights Act of May 30, 2014 (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract for the sale of Goods or Services purchased in the Store, without specifying the reasons by submitting a relevant statement in writing, within fourteen (14) days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer) of receipt of the Service. In order for the Consumer to meet this deadline, it is enough to send a statement before its expiry.
2. The consumer may withdraw from the contract by submitting to the Seller a declaration of withdrawal from the contract. The template of the declaration is attached as Appendix 1 to these Regulations.
3. The declaration of withdrawal from the contract should be sent to the following address: Ostrowiec 10, 05-651 Chynów
4. The consumer will return the Goods to the Seller within fourteen (14) days from the date on which he rescinded the contract. To meet the deadline, it is enough to return the Goods before its expiry.
5. The goods should be returned to the Seller’s address: Ostrowiec 10, 05-651 Chynów.
6. The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are returned or delivered. by the Consumer of proof of his return.
7. The Seller will refund the payment using the same method of payment as used by the Consumer.
8. The consumer bears the costs of returning the Goods to the Seller.
9. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:
10. The right to withdraw from a distance contract is not available to an entity other than the Consumer, within the meaning adopted for the purposes of these Regulations (see the definition of “Consumer”).
1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, With:
2. This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons, described in these Regulations as Consumers, the so-called “Entrepreneurs with consumer rights”, which entered into force for contracts concluded from 1 January 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the so-called Consumer category in the strict sense.
1. By placing an order, the Customer agrees to the processing of personal data provided by him, for the purpose of processing and handling the order, by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), OJ L 119, 4.5.2016, p. 1-88.
2. The administrator of personal data provided by the Customer when using the Store is the Seller.
3. Personal data in the Seller’s database are not transferred to entities that do not participate in the implementation of the Sales Agreement.
4. The customer, in accordance with Art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), OJ L 119, 4.5.2016, p. 1-88 has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
5. Providing personal data is voluntary, but there is no consent to processing
personal data prevents the fulfillment of the customer’s order.
6. Detailed information on personal data and privacy protection is included in the “Privacy Policy” tab on the Store’s website.
1. The Regulations define the rules for the conclusion and performance of the Contract for the sale of Goods or Services on the Store’s website.
2. The sales contract is concluded between the Customer and the Seller.
3. The Regulations are available to all Customers in an electronic version on the Store’s website www.proballooning.com
4. In order to be able to use the Store’s Services, it is necessary to have devices that allow access to the Internet and a web browser that allows you to display websites, as well as provide an e-mail address that allows you to send information regarding the implementation of the order.
5. It is forbidden for all persons, including customers, to post illegal content on the Store’s website.
6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law, granting rights to consumers, these provisions shall prevail.
8. Should any of the provisions of these Regulations be or should become invalid or ineffective, the validity of the entire Regulations remains unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. This also applies accordingly to any gaps in the Regulations.
