§ 1
INTRODUCTORY PROVISIONS
1. The STREETGAME.pl online store, available at the internet address streetgame.pl, is run by LABA Damian Adamski, Artur Przybylski, Fabian Kowalski S.C. with its registered office in Kołobrzeg, at ul. Rafińskiego 6/2, 78-100, NIP: 6711864436, REGON: 540294839.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 2
DEFINITIONS
1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller – LABA Damian Adamski, Artur Przybylski, Fabian Kowalski S.C. with its registered office in Kołobrzeg, at ul. Rafińskiego 6/2, NIP: 6711864436, REGON: 540294839.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, a legal person, or an organizational unit without legal personality to which a separate law grants legal capacity, conducting business activity in its own name, that uses the Store.
5. Store – the online store run by the Seller at the internet address www.streetgame.pl.
6. Distance Agreement – an agreement concluded with the Customer as part of an organized system for concluding distance agreements (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to the conclusion of the agreement inclusive.
7. Terms and Conditions – these regulations of the Store.
8. Order – the Customer’s declaration of intent submitted via the Order Form and aiming directly at the conclusion of a Product Sales Agreement with the Seller.
9. Account – the customer’s account in the Store, where the data provided by the Customer and information about the Orders placed by them in the Store are collected.
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, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order data, in particular the quantity of products.
13. Product – a digital service or ticket (access to an outdoor city game) available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – a product sales agreement concluded or to be concluded between the Customer and the Seller via the online Store. A Sales Agreement also means – depending on the characteristics of the Product – an agreement for the provision of services or a specific-work contract.
§ 3
CONTACT WITH THE STORE
Seller’s e-mail address: hello@streetgame.pl
§ 4
TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
a. an end-user device with access to the Internet and a web browser,
b. an active electronic mail (e-mail) account,
c. enabled support for cookies.
§ 5
GENERAL INFORMATION
1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unauthorized 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. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal data enabling the fulfillment of the Order without creating an Account.
3. Prices listed in the Store are given in Polish Zlotys (PLN) and are gross prices (including VAT).
§ 6
CREATING AN ACCOUNT IN THE STORE
1. To create an Account in the Store, the Registration Form must be completed.
2. Creating an Account in the Store is free of charge.
3. Logging into the Account is done by entering the login and password established in the Registration Form.
4. The Customer has the right to delete the Account at any time, without giving any reason and without incurring any fees, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in § 3.
§ 7
RULES FOR PLACING AN ORDER
In order to place an Order, the Customer must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order and click the “Add to cart” button (or equivalent);
3. choose the option to place an Order without registration or log in to an existing Account;
4. fill in the Order Form by entering the basic details of the recipient of the Order (first name, last name, e-mail address) necessary for the delivery of the digital Product; enter invoice data if different from the recipient’s data;
5. click the “Buy now” button and confirm the order;
6. choose one of the available electronic payment methods and pay for the order.
§ 8
OFFERED DELIVERY AND PAYMENT METHODS
1. The Customer can use the following methods of delivery or collection of the ordered Product:
a. Digital delivery to the specified e-mail address (electronic delivery).
2. The Customer can use the following payment methods:
a. Electronic payments.
b. Payment by payment card (Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic).
c. Mobile payments (including BLIK).
3. Detailed information on delivery methods and accepted payment methods can be found on the Store’s pages.
4. In the event of a necessity to refund funds for a transaction made by the Customer via quick transfer and/or payment card, the Seller shall make the refund to the bank account linked to the respective payment method of the Customer.
5. The entity providing online payment services is PayU S.A. with its registered office in Poznań.
6. All payments are processed instantly, and order fulfillment takes place after the payment is confirmed by the payment operator.
§ 9
EXECUTION OF THE SALES AGREEMENT
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 the Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by the Seller sending an appropriate e-mail message to the Customer’s e-mail address provided during the ordering process. Upon receipt of the above e-mail message by the Customer, the Sales Agreement between the Customer and the Seller is concluded.
3. In the case of choosing electronic payment or payment card methods, the delivery period for the Product runs from the moment of positive transaction authorization by the payment operator.
4. After a successful payment is made (i.e., upon receiving confirmation from the payment operator), the purchased ticket in the form of a unique link to the game will be sent to the e-mail address provided during the order placement within 10 minutes.
§ 10
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason, subject to legal provisions regarding the delivery of digital content and services whose performance has begun with the Consumer’s explicit consent before the expiry of the withdrawal period.
2. The period specified in section 1 begins from the day the Product (link to the game) is delivered to the Consumer.
3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller electronically to the address specified in § 3.
4. In the event of an effective withdrawal from the agreement, the buyer will receive a refund of funds on the next business day to the account from which the purchase was made.
§ 11
COMPLAINTS AND WARRANTY
1. The Sales Agreement covers new Products (outdoor city game services).
2. In the event of a defect in the product or service purchased from the Seller, the Customer has the right to file a complaint based on the provisions of the Civil Code and the Consumer Rights Act.
3. The complaint should be submitted electronically to the Seller’s address specified in these Terms and Conditions: hello@streetgame.pl.
4. The complaint will be considered within 14 days from the date of its proper submission.
§ 12
GENERAL RULES FOR PARTICIPATION IN OUTDOOR CITY GAMES
1. The city games offered by the Seller do not require prior reservation of time or place.
2. The Seller provides the opportunity to start the game at specific times, which are published and updated on an ongoing basis on the Store’s website: https://streetgame.pl/godziny-rozpoczecia/.
3. The Buyer accepts the fact that the Seller reserves the right to temporarily disable the game on selected days for technical or safety reasons.
4. The Buyer is obliged, before starting the game, to check the current start times and availability of the game on that day on the website.
5. Information about the unavailability of the game or changes in start times is published on the Store’s website. In sudden situations, the Seller may also contact the Buyer via SMS.
6. The Buyer acknowledges that starting the game outside the currently designated hours may result in its malfunction or lack of access to certain elements of the route. Participation in the game in such a case is at the Buyer’s own risk and does not entitle them to a refund.
7. If the Buyer starts the game on a day and at a time when the game was marked as unavailable on the Store’s website, they are not entitled to a refund.
8. In the event that the game was marked as available, yet due to reasons solely on the part of the Seller it could not take place, the Buyer has the right to a refund or to choose another date of participation in the game.
9. To participate in the game, it is necessary to have one’s own mobile device with a charged battery and constant access to the Internet.
10. The Buyer undertakes not to destroy or take any props located on the game route and to leave the encountered elements in the same condition as they found them.
11. The Buyer takes full responsibility for any damage to the game elements resulting from their fault or the fault of their fellow players.
12. The Buyer, during participation in the outdoor city game, is obliged to behave in accordance with applicable social norms and legal regulations (including traffic laws).
13. The Buyer accepts the fact that unfavorable weather conditions (bad weather) do not constitute a basis for a complaint or a refund of the purchased ticket.
14. The purchased link to the game is valid for a period of 12 months from the date of purchase. After this period, the link automatically expires and becomes invalid.
§ 13
OUT-OF-COURT DISPUTE RESOLUTION AND CLAIM PURSUIT
1. Detailed information regarding the possibility for the Consumer to use out-of-court complaint handling and claim pursuit methods, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and at the internet addresses of the Office of Competition and Consumer Protection (e.g., http://www.uokik.gov.pl).
2. The Consumer has the option to apply to a permanent amicable consumer court or use the free assistance of a district (municipal) consumer advocate.
§ 14
PERSONAL DATA IN THE ONLINE STORE
1. The Administrator of the Customers’ personal data collected through the online Store is the Seller.
2. Personal data of Customers are collected solely for the purpose of executing the Sales Agreement, and if the Customer gives a separate consent – also for marketing purposes.
3. In the case of a Customer who uses electronic payment or payment card methods in the Store, the Administrator shares the collected personal data of the Customer with the selected entity handling these payments in the Store (PayU S.A.).
4. The Customer has the right to access the content of their data, correct them, and request their deletion. Detailed information on data processing is specified in the Privacy Policy document available on the Store’s page.
5. Providing personal data is voluntary, however, failure to provide the data required in the Order Form results in the inability to conclude a Sales Agreement.
§ 15
FINAL PROVISIONS
1. Agreements concluded through the online Store are concluded in the English language.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legal regulations or changes in payment methods. The Seller will inform the Customer about each change at least 7 days in advance by publishing information on the Store’s page.
3. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Act on the Provision of Electronic Services, and the Consumer Rights Act.
4. The Customer has the right to use out-of-court methods of considering complaints and pursuing claims via the EU’s online ODR platform available at: http://ec.europa.eu/consumers/odr/.