1. GENERAL PROVISIONS
1. The City Sightseeing Warsaw online shop, operating at: www.city-sightseeing.pl, is run by Driven sp zoo, with its registered office at: Bitwy Warszawskiej 1920r 18/105, operating under the NIP (VAT) number: 5213742001, REGON: 364971575.
2. These Online Shop Regulations define the rules for making purchases in the City Sightseeing Warsaw online shop, in particular the rules and procedure for concluding distance sales contracts via the Store 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 electronic services 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 Shop. 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 may read the Regulations at any time by clicking on the “Store Regulations” hyperlink on the Store’s website www.city-sightseeing.pl. The Regulations can be downloaded and printed at any time.
7. All information contained on the website of the Store www.city-sightseeing.pl 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 2020, item 1740 , 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 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 private 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 private person making a civil law contract through the Store, not related directly to its business or professional activity – the so-called ” Consumer sensu stricto “
- a private 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 the Central Business Activity Records and Information – 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 private 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 Services to the Cart and defining certain conditions of the Sales Agreement, including method of delivery and payment.
Shopping Cart – an element of the Store in which the 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 at the domain: www.citysightseeing.pl, through which the Customer can purchase Services from the Seller.
Seller – Driven sp zoo with its seat at Bitwy Warszawskiej 1920r 18/105, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division, under the KRS number: 0000627819, NIP (VAT): 5213742001, REGON: 364971575 who, while carrying out a gainful or professional activity, proposes to sell via his website.
Service – economic activity of a non-productive nature, provided without the simultaneous presence of the Seller and the Customer (at a distance), through the transfer of data at the individual request of the Customer, sent and received using electronic processing devices, including digital compression, and data storage, which is in all broadcast, received or transmitted via the telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (i.e. Journal of Laws of 2021, item 576 , as amended).
Sales contract – a distance sales contract concluded by the Customer via the Store, usually through the Order Form.
3. ACCEPTANCE AND FULFILLMENT OF ORDERS
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 using the Order Form sent via the website: www.city-sightseeing.pl, 7 days a week, 24 hours a day.
3. Services are ordered as follows:
- Select the type, and number of tickets and choose your discounts. Then select the payment method.
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, at the time of ordering the 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, and the payment for the order placed is credited to the Store’s bank account.
7. After confirming the payment, a ticket will be generated and sent to the e-mail address provided in the application form. The ticket contains a barcode that must be shown to the driver on the bus each time the Customer boards.
8. Orders placed in the Store are processed 24 hours a day, regardless of the day of the week.
9. 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.
10. A VAT receipt is issued for each order. At the customer’s request, a VAT invoice will also be sent.
11. The available means of communication between the Customer and the Store are:
a. E-mail – email@example.com
b. Telephone – +48793957979
12. The price given in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due.
13. The Seller reserves the right to change the prices in the Store, introduce new Services for sale, carry out and cancel promotional campaigns, or make changes to them, in accordance with applicable law.
14. 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.
4. COMPLETION OF PAYMENT
1. As a part of the Store’s operation, online payment methods are possible via the Cinkciarz.pl platform
2. 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 date,
provided that the Store staff is informed of this fact in advance.
1. The above provisions do not exclude the Seller’s possibility of granting a warranty for the purchased Services, which is provided for in separate warranty regulations.
5. RIGHT OF WITHDRAWAL
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 Services purchased in the Store, without giving any reason, by submitting an appropriate statement in writing, within fourteen (14) days from the date 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: Driven sp zoo, ul. Bitwy Warszawskiej 1920r 18/105, 02-366 Warsaw
4. 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.
5. The Seller will refund the payment using the same method of payment as used by the Consumer.
6. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:
- 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;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- 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 to withdraw from the contract;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
- after the service is provided.
7. 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”).
6. OUT-OF-COURT DISPUTE RESOLUTION
1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
- Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance of the competent field of permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free help from the municipal or poviat consumer ombudsman.
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 Page 6of 8 from January 1, 2021. for all contracts, this chapter applies only to entities belonging to the so-called Consumer category in the strict sense.
7. PROTECTION OF PERSONAL DATA
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, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer’s order.
8. FINAL PROVISIONS
1. The Regulations define the rules for the conclusion and performance of the Service Sales Agreement 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.city-sightseeing.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 remainder of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as faithfully as possible. This also applies accordingly to any gaps in the Regulations.
Annex 1: Form of withdrawal by the Consumer sensu stricto and the Entrepreneur with the rights of the Consumer from the concluded contract