Terms and conditions of use

§ 1. Definitions

For the purposes of these Terms and Conditions, the following meanings are assigned to the terms below:

1. Price – the value expressed in monetary units that the Buyer is obliged to pay the Seller for the Product;
2. GPSR – Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety;
3. Discount Code – a unique code (sequence of characters) that can be used by the Buyer to reduce the Price;
4. Consumer – a natural person concluding an Agreement with the Seller not directly related to their business or professional activity;
5. User Account – a collection of resources and permissions within the Website's IT system assigned to a specific Buyer;
6. Buyer – a natural person, legal person, or organizational unit with legal capacity, in particular a Consumer or Quasi-Consumer;
7. Newsletter – e-mail messages containing information about news, promotions, or Products related to the Website;
8. Product – Goods or Voucher;
9. Quasi-Consumer (PNPK) – a natural person concluding an Agreement with the Seller directly related to their business activity, when it follows from the content of the Agreement that it does not have a professional character for that person;
10. Pre-sale – the process of collecting orders by the Seller for Products that will be available for sale from a specified date;
11. Terms and Conditions – the terms and conditions of the SIMBA Group online website, available at www.simba.pl;
12. Website – the website operating at www.simba.pl and its extensions;
13. Seller –
    SIMBA Group sp. z o.o.
    ul. Zimna 15
    00-001 Warszawa
    VAT ID (NIP): 0000000000
    REGON: 000000000
    KRS: 0000000000
    e-mail: biuro@simba.pl
    tel.: 733 601 601
14. Goods – a movable item offered by the Seller within the Shop, including Goods with Digital Elements;
15. Agreement – an agreement concluded between the Seller and the Buyer, the subject of which is the sale of Goods or the provision of Digital Content;
16. Electronic Services – all services provided electronically by the Seller to the Buyer via the Website;
17. Voucher – a unique code (sequence of characters) that can be used by the Buyer to pay the Price or part of the Price;

§ 2. General Provisions

1. The Seller, via the Website, provides Electronic Services and conducts the sale of Products. The Buyer may purchase Products indicated on the Website pages or specified within the Pre-sale.
2. The Website is not used for concluding Agreements between Buyers.
3. The Terms and Conditions define the rules and conditions for using the Website, as well as the rights and obligations of the Seller and Buyers.

§ 3. Electronic Services regarding the Website

1. The Seller provides Electronic Services to the Buyer related to the use of the Website, consisting of providing the Buyer with the opportunity to:
   1. browse the publicly available content of the Website;
   2. register and use a User Account;
   3. place an order and conclude an Agreement;
   4. subscribe to the Newsletter;
   5. submit User Content.
2. Electronic Services are provided to the Buyer free of charge.
3. To use Electronic Services, it is not necessary for the Buyer's computer equipment or software to meet special technical conditions. Sufficient are:
   1. Internet access;
   2. a standard, up-to-date operating system;
   3. a standard, up-to-date web browser with cookies enabled;
   4. possession of an active e-mail address.
4. It is prohibited to provide content of an unlawful nature while using Electronic Services.
5. To ensure the security of the Buyer and data transmission in connection with the use of the Website, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the provided Electronic Services.
6. The Seller takes actions to ensure the fully correct functioning of the Website. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Website.
7. Due to the fact that the Website is an IT system managed by the Seller, the Seller may conduct technical and IT work aimed at the development of the Website and the provision of Electronic Services at the highest possible level.
8. As part of the development of the Website, the Seller may in particular:
   1. add new functions and change or remove existing functions within the Website;
   2. introduce the Website to other types of devices, e.g., mobile devices;
   3. provide an application related to the Website.

§ 4. Website Content

1. Publicly available Website content includes content such as texts, photos, graphics, audio, and video recordings.
2. Browsing the publicly available content of the Website is possible anonymously, i.e., without providing personal data.
3. Using certain Website functionalities may require providing personal data or creating a User Account.

§ 5. User Account

1. The Buyer may create a User Account on the Website.
2. Creating a User Account is free and voluntary.
3. The User Account allows the Buyer to use additional Website functionalities, such as order history, managing address data, and tracking order status.
4. The Buyer may delete the User Account at any time by contacting the Seller or using the appropriate function in the User Account panel.

§ 6. Placing an Order and Conclusion of the Agreement

1. The Buyer may place an order via the Website 7 days a week, 24 hours a day.
2. In order to place an order, the Buyer should add selected Products to the cart and then proceed to the order form.
3. In the order form, the Buyer provides data necessary for order fulfillment and selects the delivery and payment method.
4. Placing an order occurs after clicking the button finalizing the order.
5. The Agreement is concluded upon confirmation of order acceptance by the Seller.

§ 7. Pre-sale

1. The Seller may offer Products as part of a Pre-sale.
2. Products offered as part of a Pre-sale are marked on the Website with appropriate information.
3. The order fulfillment date for an order placed as part of a Pre-sale is provided on the Product page.

§ 8. Price and Payments

1. Product prices listed on the Website are gross prices (including VAT).
2. Product prices do not include delivery costs, which are provided during the ordering process.
3. The Seller provides the following payment methods:
   1. payment by traditional bank transfer;
   2. online payment via a payment system;
   3. payment on delivery (COD).
4. The Buyer may use a Discount Code or Voucher to reduce the Price.

§ 9. Execution of the Order regarding Goods

1. The Seller executes orders on business days.
2. The order fulfillment time is provided on the Product page.
3. The Seller delivers Goods to the address indicated by the Buyer in the order.
4. The Buyer is obliged to check the condition of the shipment upon delivery.

§ 10. Newsletter Subscription for Digital Content

1. The Buyer may subscribe to the Newsletter to receive information about news, promotions, and Products.
2. Newsletter subscription is voluntary and free of charge.
3. The Buyer may unsubscribe from the Newsletter at any time.

§ 11. Withdrawal from the Agreement by a Consumer or Quasi-Consumer without giving a reason

1. A Consumer or Quasi-Consumer may withdraw from the Agreement without giving a reason within 14 days from the date of receiving the Goods.
2. To exercise the right of withdrawal from the Agreement, the Consumer or Quasi-Consumer must inform the Seller of their decision by means of an unequivocal statement.
3. The Consumer or Quasi-Consumer may use the model withdrawal form, but it is not mandatory.
4. In case of withdrawal from the Agreement, the Seller returns all received payments to the Consumer or Quasi-Consumer, including delivery costs, immediately, no later than 14 days from the date of receiving the withdrawal statement.
5. The Consumer or Quasi-Consumer bears the direct costs of returning the Goods.

§ 12. Warranty for defects and responsibility for compliance of the Goods with the Agreement

1. The Seller is responsible to the Consumer or Quasi-Consumer for the compliance of the Goods with the Agreement.
2. Goods are compliant with the Agreement if, in particular, their description, type, quantity, quality, completeness, and functionality remain compliant with the Agreement.
3. The Seller is responsible for the lack of compliance of the Goods with the Agreement existing at the time of delivery and disclosed within two years from that time.

§ 13. Exchange or repair of Goods non-compliant with the Agreement

1. If the Goods are non-compliant with the Agreement, the Consumer or Quasi-Consumer may demand their repair or replacement.
2. The Seller may perform a replacement when the Consumer or Quasi-Consumer demands repair, or the Seller may perform a repair when the Consumer or Quasi-Consumer demands replacement, if bringing the Goods into compliance with the Agreement in the manner chosen by the Consumer or Quasi-Consumer is impossible or would require excessive costs for the Seller.
3. The Seller performs the repair or replacement within a reasonable time, not longer than 21 days, from the moment the Seller was informed by the Consumer or Quasi-Consumer of the lack of compliance of the Goods with the Agreement.

§ 14. Price reduction or withdrawal from the Agreement in case of Goods non-compliant with the Agreement

1. If the Goods are non-compliant with the Agreement, the Consumer or Quasi-Consumer may submit a statement on price reduction or withdrawal from the Agreement when:
   1. the Seller refused to repair or replace the Goods;
   2. the Seller did not bring the Goods into compliance with the Agreement;
   3. the lack of compliance of the Goods with the Agreement still occurs despite the Seller's attempts to bring the Goods into compliance with the Agreement;
   4. the lack of compliance of the Goods with the Agreement is significant enough to justify a price reduction or withdrawal from the Agreement without prior recourse to repair or replacement;
   5. it clearly follows from the Seller's statement or circumstances that they will not bring the Goods into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer or Quasi-Consumer.
2. The reduced Price must remain in such proportion to the Price resulting from the Agreement in which the value of the Goods non-compliant with the Agreement remains to the value of the Goods compliant with the Agreement.
3. The Seller returns the amounts due to the Consumer or Quasi-Consumer as a result of exercising the right to a price reduction immediately, no later than 14 days from the date of receiving the statement.
4. The Consumer or Quasi-Consumer cannot withdraw from the Agreement if the lack of compliance of the Goods with the Agreement is insignificant.

§ 15. Responsibility for compliance of Digital Content with the Agreement

1. The Seller is responsible to the Consumer or Quasi-Consumer for the compliance of the Digital Content with the Agreement.
2. Digital Content is compliant with the Agreement if, in particular, its description, type, quantity, quality, completeness, functionality, compatibility, and interoperability remain compliant with the Agreement.

§ 16. Bringing Digital Content into compliance with the Agreement

1. If Digital Content is non-compliant with the Agreement, the Consumer or Quasi-Consumer may demand bringing it into compliance with the Agreement.
2. The Seller brings the Digital Content into compliance with the Agreement within a reasonable time from the moment they were informed of the lack of compliance and without excessive inconvenience to the Consumer or Quasi-Consumer.

§ 17. GPSR and General Product Safety

1. The Seller indicates on the Website only such Goods that comply with the requirements of the GPSR or relevant provisions of EU harmonization legislation.
2. In order to fulfill the information obligations provided for in Article 19 of the GPSR, the Seller provides the following information in the description of each Item:
   1. name, registered trade name or registered trademark of the manufacturer, and the postal and electronic address;
   2. information allowing for the identification of the Product;
   3. any warnings or safety information.
3. For all matters related to the safety of Goods, the Seller has designated an electronic point of contact: biuro@simba.pl

§ 18. Submission of User Content

1. The Buyer may submit User Content within the Website, in particular in the form of opinions, comments, or reviews.
2. By submitting User Content, the Buyer declares that they possess all rights to it.
3. The Buyer may not submit User Content of an unlawful nature.

§ 19. Moderation of User Content

1. The Seller may moderate User Content before or after publication.
2. The Seller may remove User Content that violates the Terms and Conditions or legal provisions.

§ 20. Reporting User Content

1. Anyone can report User Content to the Seller that violates the Terms and Conditions or legal provisions.
2. The report can be sent to the e-mail address: biuro@simba.pl

§ 21. Sanctions for unacceptable User Content

1. In case of submission of User Content by the Buyer that violates the Terms and Conditions or legal provisions, the Seller may:
   1. remove the User Content;
   2. restrict the possibility of submitting User Content;
   3. suspend or delete the User Account.

§ 22. Appeals

1. The Buyer may appeal against the Seller's decision regarding User Content or the User Account.
2. The appeal can be sent to the e-mail address: biuro@simba.pl
3. The Seller considers the appeal within 14 days of its receipt.

§ 23. Reviews

1. The Buyer may post a review of a Product or the Seller.
2. Reviews are published on the Website after verification by the Seller.
3. The Seller verifies whether the review comes from a Buyer who actually purchased the Product.

§ 24. Personal Data and Cookies

1. The controller of the Buyer's personal data is the Seller.
2. The Website uses cookie technology.
3. Details related to personal data and cookies are described in the privacy policy available at www.simba.pl

§ 25. Intellectual Property Rights

1. The Seller informs the Buyer that all content available on the Website pages, Digital Content, and elements of Products may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights.
2. Exploitation of copyrighted content without the consent of the Seller or another entitled entity constitutes a violation of intellectual property rights.

§ 26. Out-of-court dispute resolution and redress

1. The Consumer has the opportunity to use out-of-court methods of resolving complaints and pursuing claims. The Consumer has, among others, the possibility to:
   1. apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded Agreement;
   2. apply to the regional inspector of the Trade Inspection with a request to initiate mediation proceedings;
   3. use the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
2. The Consumer can search for more detailed information on out-of-court dispute resolution and redress on the website polubowne.uokik.gov.pl

§ 27. Complaints and Notifications

1. Every Buyer has the right to file a complaint in matters related to the functioning of the Website or the execution of the Agreement.
2. A complaint can be submitted:
   1. in writing to the address of the Seller's registered office;
   2. electronically to the e-mail address: biuro@simba.pl
3. The Seller considers the complaint within 14 days of its receipt.
4. In order to facilitate the Consumer's or Quasi-Consumer's exercise of rights related to the Seller's responsibility for the compliance of Goods or Digital Content with the Agreement, the Seller has prepared a complaint form template available at www.simba.pl

§ 28. Final Provisions

1. The Seller reserves the right to change the Terms and Conditions for important reasons, such as:
   1. change in legal provisions affecting the content of the Terms and Conditions;
   2. the need to adapt the Terms and Conditions to a decision, judgment, or other ruling of a competent court or state authority;
   3. the need to fulfill a legal obligation incumbent on the Seller;
   4. editorial changes.
2. If the Seller has the Buyer's electronic address, the Buyer will receive an e-mail with information about the change to the Terms and Conditions.
3. The Terms and Conditions in force at the time of concluding the Agreement apply to Goods Sales Agreements.
4. The Terms and Conditions in force at the time of concluding the Agreement apply to Digital Content Provision Agreements.
5. In the case of Electronic Services, if the Buyer does not accept the change to the Terms and Conditions, they may resign from using the Electronic Services without incurring any costs.
6. Changes to the Terms and Conditions do not affect rights acquired by the Buyer before the date the change came into force.
7. All disputes related to Agreements concluded via the Website will be considered by a Polish common court competent for the place of the Seller's permanent business activity. This provision does not apply to Consumers and Quasi-Consumers, in whose case the court's jurisdiction is determined on general principles.
8. These Terms and Conditions are effective from 1 January 2025.
9. All archival versions of the Terms and Conditions are available for download in .pdf format – links are provided below the Terms and Conditions.