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Terms and Conditions

§1 Preliminary Provisions

  1. The online store Phoenix, available at www.phoenix-europe.eu, is operated by Hiruko Sp. z o.o., located at marsz. Józefa Piłsudskiego 74/320, 50-020 Wrocław, entered into the National Court Register under the number KRS 0001069268, with a share capital of 100,000 PLN, NIP 8971929748, REGON 526943823.
  2. This Terms and Conditions applies both to Consumers and Entrepreneurs using the Store and defines the rules for using the online store as well as the principles and procedures for concluding Distance Sales Agreements with Customers through the Store.

§2 Definitions

  1. Consumer – a natural person who enters into an agreement with the Seller within the Store, whose subject is not directly related to their business or professional activity.
  2. Seller – Hiruko Sp. z o.o., located at marsz. Józefa Piłsudskiego 74/320, 50-020 Wrocław, entered into the National Court Register under the number KRS 0001069268, with a share capital of 100,000 PLN, NIP 8971929748, REGON 526943823.
  3. Customer – any entity making purchases via the Store.
  4. Entrepreneur – a natural person, legal entity, or organizational unit without legal personality, whose separate law grants legal capacity, conducting business activities on their own behalf, using the Store.
  5. Store – the online store operated by the Seller at www.phoenix-europe.eu.
  6. Distance Agreement – an agreement concluded with the Customer within an organized system of concluding distance agreements (through the Store), without the simultaneous physical presence of the parties, using one or more means of remote communication until the conclusion of the agreement.
  7. Terms and Conditions – these Terms and Conditions of the Store.
  8. Order – the Customer’s declaration of intent made via the Order Form, aiming directly at concluding a Sale Agreement of a Product or Products with the Seller.
  9. Account – the Customer’s account in the Store, where data provided by the Customer and information about their placed Orders are stored.
  10. Registration Form – a form available in the Store that allows the creation of an Account.
  11. Order Form – an interactive form available in the Store that allows placing an Order, especially by adding Products to the Cart and determining the terms of the Sale Agreement, including delivery and payment methods.
  12. Cart – an element of the Store software where the Products selected by the Customer for purchase are displayed, and where the Order data can be established and modified, particularly the quantity of products.
  13. Product – a movable item/service available in the Store, which is the subject of the Sale Agreement between the Customer and the Seller.
  14. Sale Agreement – a sale agreement of a Product concluded or concluded between the Customer and the Seller via the online Store. Depending on the characteristics of the Product, the Sale Agreement also refers to a service contract or a work contract.

§3 Contact with the Store

  1. Seller’s address: marsz. Józefa Piłsudskiego 74/320, 50-020 Wrocław
  2. Seller’s email address: info@phoenix-europe.eu
  3. Seller’s phone number: 607 700 537
  4. Seller’s bank account number: ING Bank Śląski S.A. PL60 1050 1575 1000 0090 8303 2590
  5. The Customer can communicate with the Seller using the addresses and phone numbers provided in this paragraph.
  6. The Customer can contact the Seller by phone from 8:00 AM to 5:00 PM.

§4 Technical Requirements

To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:

  1. A device with internet access and a web browser such as Internet Explorer, Google Chrome, Mozilla FireFox, Opera, or Safari.
  2. An active email account.
  3. Enabled cookies support.
  4. Installed FlashPlayer software.

§5 General Information

  1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including outages of the Store caused by force majeure, illegal actions of third parties, or incompatibility of the online store with the Customer’s technical infrastructure.
  2. Browsing the Store’s assortment does not require creating an Account. The Customer can place orders for Products available in the Store either by creating an Account as specified in § 6 of the Terms and Conditions, or by providing the necessary personal and address details to process the Order without creating an Account.
  3. The prices listed in the Store are in Polish Zloty and are gross prices (including VAT).
  4. The final amount payable by the Customer consists of the price for the Product and the delivery cost (including transport, delivery, and postal services), which the Customer is informed of on the Store’s pages during the Order process, including at the moment of expressing the intention to conclude the Sale Agreement.
  5. In the case of an Agreement involving a subscription or provision of services for an indefinite period, the final price is the total price including all payments for the billing period.
    If the nature of the Agreement’s subject matter reasonably prevents prior calculation of the final price, information on how the price will be calculated, as well as details on transport, delivery, postal services, and other costs, will be provided in the Store’s Product description.

§6 Creating an Account in the Store

  1. To create an Account in the Store, you must fill out the Registration Form. The following information is required: first name, last name, full residential address, email address, and contact phone number.
  2. Creating an Account in the Store is free of charge.
  3. Logging into the Account is done by entering the username and password created in the Registration Form.
  4. The Customer has the option to delete their Account at any time, without giving a reason and without incurring any fees, by sending a request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§7 Rules for Placing an Order

To place an Order, you need to:

  1. Log into the Store (optional);
  2. Select the Product you wish to order, then click the “Add to Cart” button (or equivalent);
  3. Log in or use the option to place an Order without registering;
  4. If choosing the option to place an Order without registration – complete the Order Form by entering the recipient’s details and the address where the Product should be delivered, choose the type of shipment (delivery method), enter billing details if different from the recipient’s information;
  5. Click the “Order and Pay” button/Click the “Order and Pay” button and confirm the order by clicking the link sent in the email;
  6. Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§8 Offered Delivery and Payment Methods

  1. The Customer can choose from the following delivery or collection methods for the ordered Product:
    • Courier delivery
    • Cash on delivery via courier
  2. The Customer can choose from the following payment methods:
      • Payment upon receipt
      • Cash on delivery
      • Bank transfer to the Seller’s account 
      • Electronic payments
      • Payment by credit card
  1. Detailed information about the delivery methods and accepted payment methods can be found on the Store’s pages.

§9 Wykonanie umowy sprzedaży

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution occurs by the Seller sending the Customer an appropriate email to the email address provided during the Order submission. This email contains at least a statement from the Seller confirming the receipt of the Order, its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives this email.
  3. If the Customer selects:
    • payment by bank transfer, electronic payment, or credit/debit card, the Customer is obligated to make the payment within 3 calendar days from the date of the conclusion of the Sales Agreement; otherwise, the order will be canceled.
    • payment on delivery upon receipt of the shipment, the Customer is obligated to make the payment upon receipt of the shipment.
  4. If the Customer selected a delivery method other than personal pickup, the Product will be sent by the Seller within the time indicated in its description (subject to subsection 5 of this paragraph) and in the method selected by the Customer during the Order submission.
    • In the case of ordering Products with different delivery dates, the delivery date will be the longest of the provided dates.
    • In the case of ordering Products with different delivery dates, the Customer has the option to request partial deliveries of the Products or to have all Products delivered after the entire order is completed.
  6. The start of the delivery period for the Product to the Customer is calculated as follows:
    • If the Customer chooses payment by bank transfer, electronic payment, or credit/debit card – from the date the Seller’s bank account is credited.
    • If the Customer chooses payment on delivery – from the date of the conclusion of the Sales Agreement.
  7. If the Customer chooses personal pickup of the Product, the Product will be ready for pickup by the Customer within the time indicated in the Product description. The Customer will also be informed about the readiness of the Product for pickup by the Seller via an appropriate email sent to the email address provided during the Order submission.
  8. In the case of ordering Products with different readiness dates for pickup, the readiness date will be the longest of the provided dates.
  9. The start of the product’s readiness period for pickup by the Customer is calculated as follows:
    • If the Customer chooses payment by bank transfer, electronic payment, or credit/debit card – from the date the Seller’s bank account is credited.
    • If the Customer chooses cash payment upon personal pickup – from the date of the conclusion of the Sales Agreement.
  10. Product delivery is carried out only within Poland.
  11. Product delivery to the Customer is paid, unless the Sales Agreement specifies otherwise. The delivery costs of the Product (including transportation, delivery, and postal services fees) are indicated to the Customer on the Online Store’s pages in the “Delivery Costs” section and during the Order submission, including at the moment when the Customer expresses their intent to be bound by the Sales Agreement.
  12. Personal pickup of the Product by the Customer is free of charge.

§10 Right of Withdrawal from the Agreement

  1. The Consumer may withdraw from the Sales Agreement within 14 days without providing any reason.
  2. The period specified in subsection 1 begins from the delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
  3. In the case of an Agreement involving multiple Products that are delivered separately, in batches, or in parts, the period specified in subsection 1 runs from the delivery of the last item, batch, or part.
  4. In the case of an Agreement for regular delivery of Products over a specified period (subscription), the period specified in subsection 1 begins from the receipt of the first item.
  5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the deadline expires.
  6. The declaration can be sent via traditional mail, fax, or electronically by sending the declaration to the Seller’s email address or by submitting the declaration on the Seller’s website – the Seller’s contact details are provided in § 3. The declaration can also be made using a form, a template of which is attached as Appendix No. 1 to these Terms and Conditions and is an attachment to the Consumer Rights Act of May 30, 2014; however, this is not mandatory.
  7. If the declaration is sent by the Consumer electronically, the Seller will immediately send a confirmation of receipt of the withdrawal declaration to the email address provided by the Consumer.
  8. Effects of Withdrawal from the Agreement:
    • In the case of withdrawal from the distance contract, the Agreement is considered not concluded.
    • In the event of withdrawal from the Agreement, the Seller shall immediately, and no later than 14 days from the date of receiving the Consumer’s withdrawal statement, refund all payments made by the Consumer, including the delivery costs, except for any additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
    • The Seller will refund the payment using the same payment methods that the Consumer used in the original transaction, unless the Consumer explicitly agrees to another solution that will not incur any costs for the Consumer.
    • The Seller may withhold the refund until the Product is returned or until the Seller receives proof of its return, whichever occurs first.
    • The Consumer should return the Product to the Seller’s address provided in these Terms and Conditions without delay, and no later than 14 days from the day they informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
    • The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be sent back by regular mail.
    • The Consumer is only responsible for a decrease in the value of the Product resulting from the use of the Product in a way other than what was necessary to determine the nature, characteristics, and functioning of the Product.
  9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the return costs, will be provided in the Product description in the Store.
  10. The right to withdraw from a distance contract does not apply to the Agreement:
    • in which the subject matter is a non-prefabricated item made according to the Consumer’s specifications or intended to satisfy their individualized needs,
    • in which the subject matter is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, if the package has been opened after delivery,
    • in which the subject matter is a perishable item or one with a short shelf life,
    • for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the service began that after the service is performed, they would lose the right to withdraw from the Agreement,
    • in which the price or remuneration depends on fluctuations in the financial market, which the Seller cannot control and which may occur before the withdrawal period expires,
    • in which the subject matter is items that, after delivery, due to their nature, become inseparably linked with other items,
    • in which the subject matter is alcoholic beverages, the price of which was agreed upon when the sales agreement was concluded, and which can only be delivered after 30 days, and whose value depends on fluctuations in the market beyond the Seller’s control,
    • in which the subject matter is audio or video recordings or computer programs delivered in a sealed package, if the package has been opened after delivery,
    • for the delivery of newspapers, periodicals, or magazines, except for subscription agreements,
    • for the delivery of digital content not stored on a tangible medium, if the performance of the service began with the Consumer’s express consent before the withdrawal period expires and after the Consumer was informed by the Seller about the loss of the right to withdraw from the Agreement.

§11 Complaint and Warranty

  1. The Sales Agreement covers new Products.
  2. The Seller is obligated to deliver the Product to the Customer free from defects.
  3. In the event of a defect in a product purchased from the Seller, the Customer has the right to file a complaint based on the provisions concerning warranty in the Civil Code.
  4. The complaint should be submitted in writing or electronically to the Seller’s contact addresses provided in these Terms and Conditions.
  5. It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the Customer’s details submitting the complaint, and the Customer’s request regarding the defective product.
  6. The Seller will respond to the complaint request immediately, but no later than within 14 days. If the Seller does not respond within this period, the Customer’s request is deemed to have been accepted as justified.
  7. Products returned as part of the complaint procedure should be sent to the following address: Hiruko Sp. z o.o. Ul. Polskiej Organizacji Wojskowej 67, 98-300 Wieluń.
  8. If the Product is covered by a warranty, information about the warranty and its terms will be included in the Product description in the Store.

§12 Out-of-Court Methods of Complaint Resolution and Claim Enforcement

  1. Detailed information regarding the possibility for the Consumer to use out-of-court methods for resolving complaints and pursuing claims, as well as the rules for accessing these procedures, are available at the offices and websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:

  2. The Consumer has the following examples of options for using out-of-court methods of resolving complaints and pursuing claims:
    • The Consumer is entitled to approach the permanent consumer arbitration court mentioned in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2014, item 148, as amended), with a request for the resolution of a dispute arising from the Agreement concluded with the Seller.
    • The Consumer is entitled to approach the provincial inspector of the Trade Inspection, according to Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2014, item 148, as amended), with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
    • The Consumer may obtain free assistance in resolving a dispute between them and the Seller by using the free help of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Polish Consumers Association).

§13 Personal Data in the Online Store

  1. The Administrator of personal data collected from Customers through the Online Store is the Seller.
  2. The personal data of Customers collected by the administrator via the Online Store is gathered for the purpose of fulfilling the Sales Agreement, and if the Customer agrees, also for marketing purposes.
  3. The recipients of Customers’ personal data in the Online Store may include:
    • In the case of a Customer who chooses postal or courier delivery in the Online Store, the Administrator provides the collected personal data to the selected carrier or intermediary who processes deliveries on behalf of the Administrator.
    • In the case of a Customer who uses electronic payment methods or payment cards in the Online Store, the Administrator provides the collected personal data to the selected entity handling these payments in the Online Store.
  4. The Customer has the right to access their data and correct it.
  5. Providing personal data is voluntary, but failure to provide the data necessary for concluding the Sales Agreement, as specified in the Regulations, will result in the inability to conclude the agreement.

§14 Final Provisions

  1. Agreements concluded through the Online Store are made in the Polish language.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, such as changes in law, payment methods, or delivery methods— insofar as these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of any changes with at least 7 days’ notice.
  3. In matters not regulated in these Regulations, generally applicable Polish law provisions apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Consumer Rights Act; and the Personal Data Protection Act.
  4. The Customer has the right to use out-of-court methods for resolving complaints and pursuing claims. To do so, they may file a complaint via the EU’s online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
PLN Polish złoty
EUR Euro
CZK Czech koruna
GBP Pound sterling