Terms and conditions

TERMS AND CONDITIONS
Terms and conditions of online store
 
 
Chapter I
Preliminary provisions
§ 1
General provisions

  1. The Service Provider is aeroMind sp. z o.o. sp.k., 112B Piątkowska Street, 60-649 Poznań, REGON 368269850, NIP 7822741074, kontakt@aeromind.pl, tel.: +48613071030
  2. Service Provider operates an online store (e-store) on the platform aeroMind.pl conducts retail sales of goods and services via the Internet under these Regulations.
  3. These Regulations constitute the basis for the operation of the Store.
  4. The Regulations, upon their acceptance, are a binding integral part of the Agreement without the need for a separate agreement.
  5. By accepting the provisions of these Regulations, the User decides to enter into cooperation with the Service Provider and declares that he accepts the conditions of the Regulations.
  6. The User declares that he has full legal capacity and is authorized to enter into valid contracts on his behalf.
  7. By accepting the Terms of Use, the User agrees to abide by them.
  8. Products offered in the Store are new. The Shop also offers used and ex-display Products. Information in this regard is contained in each Product description.
  9. Photos of goods placed in the Store may differ in color from the actual product due to different configuration of customers' computer equipment.

§ 2
Definitions

  1. For purposes of these Terms and Conditions, the following terms shall mean:
  2. Terms and Conditions - these are the rules of operation of the Online Store,
  3. Seller - the Service Provider i.e. aeroMind sp. z o.o. sp.k., 112B Piątkowska Street, 60-649 Poznań, REGON 368269850, NIP 7822741074, kontakt@aeromind.pl, tel. +48 613071030
  4. Store - the Seller's on-line sales service, available to Users/Customers equipped with appropriate end devices, enabling them to get acquainted with Goods and/or Services, where the User has the possibility to purchase Goods or Services. The online store is available at: http://www.aeromind.pl
  5. Purchase form - a script being a part of the Store used to place an order by the Customer,
  6. Reservation - reservation of Goods at the Service Provider's premises for the Client;
  7. Goods - product/s offered to the Client by the Seller through the Online Store,
  8. Service - a service provided by the Service Provider to the Client, available in the Shop offer;
  9. User - a natural person with full legal capacity, a legal person, an organizational unit without legal personality, which uses the Store.
  10. Consumer - a natural person making a legal action with the entrepreneur not directly related to his/her business or professional activity.
  11. User Account - individual for each User access to the panel of individual orders, ordered and/or shared Files, ordered Goods/Services, launched for the User by the Seller (after the User registers and concludes the agreement for the provision of the service of maintaining the User Account).
  12. B2B Account - individual access to the B2B panel for wholesalers / vendor partners
  13. Unmanned Aerial Vehicle (UAV) - an apparatus, powered and unmanned on board, that can use the lifting force generated by the laws of aerodynamics, on fixed (wings) or mobile supporting surfaces (rotor) or aerostatic buoyancy force (aerostat) to stay in the air, controlled by autonomous systems or remotely by an operator (from the ground, air or ship).
  14. Business day - one day from Monday to Friday excluding public holidays.
  15. Guarantee - a document that guarantees the quality of a sold product, on the basis of which the issuer of the document (guarantor) is obliged to remove a physical defect of the thing or to deliver a product free from defects, if these defects appear within the period specified in the guarantee.
  16. Delivery costs - costs of issue, in particular costs of packaging and insurance of the Goods, as well as costs of sending and collecting them.
  17. Non-consumer - a legal person, an organizational unit without legal capacity, which is granted legal capacity by the law, a natural person conducting business or professional activity in its own name, for which the conclusion of the Agreement is directly related to its business or professional activity.
  18. Agreement - the agreement concluded between the User and the Seller under the terms and conditions available in these Regulations, the object of which is the purchase of Goods / Services, including the provision of services by the Service Provider to the User electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2020 No. 344, as amended)
  19. Customer - a natural person, legal person, organizational unit without legal capacity, to which the law grants legal capacity, concluding an Agreement with the Seller;
  20. Manufacturer - an entrepreneur engaged in the business of manufacturing a product or any other person who acts as a manufacturer by placing his/her name, trademark or other distinctive sign on or attached to the product
  21. Product - a movable item available in the Seller's offer, being the subject of the Contract between the Client and the Seller.
  22. Used/post-exhibition (ex-display) product -, product in full working order, but may have signs of use;
  23. Remote agreement - an agreement concluded with the Consumer within an organized system for concluding agreements at a distance, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication up to the conclusion of the agreement;
  24. Civil Code - the Act of 23 April 1964, the Civil Code (Journal of Laws 2020.1740, as amended);
  25. RODO- REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU.L.2016.119.1 as amended).

§ 3
TechnicalRequirements

  1. In order to work with the Seller's IT system, the User is required to have a device connected to the Internet with an installed web browser that supports the UTF-8 code page (and possibly style sheets, so that the Online Store portal will look clear); it is not required to install additional extensions or plug-ins.
  2. In order to make purchases in the Store, it is required to have an active e-mail account (electronic mailbox) and a cell phone number.

§ 4
Prices and promotional offers

  1. Prices of Goods are given in Polish zloty and include all components, including VAT and customs duties. The prices do not include delivery costs. The store allows shopping in foreign currencies.
  2. The price shown next to the Goods at the moment of placing an order by the Client shall be binding for the Parties to the Contract. It does not refer to the Goods whose properties and delivery conditions are individually agreed with the Client. In this case, in the description of the Goods there is relevant information in this regard.
  3. The Seller reserves that products placed in the "Promotion" and "Sale" categories at the prices offered therein are available while stocks last.
  4. Detailed rules for the use of price promotions are regulated each time in a separate document in the form of Price Promotion Terms and Conditions, made available to Users / Customers through a hyperlink in the Store referring to the document.

§ 5
Submission and execution of the order

  1. Orders can be placed in the Store 24 hours a day, on all days of the year.
  2. Information about the Goods / Services are given, in particular their descriptions, technical
    and performance parameters and prices, are an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code and do not constitute an offer within the meaning of Article 66 of the Civil Code. The User is obliged to use the Online Store in a manner consistent with the provisions of applicable law in the Republic of Poland, the provisions of the Terms of Use, as well as with the general principles of using the Internet.
  3. It is forbidden to provide unlawful content such as content that promotes violence, defames or violates personal rights and other rights of third parties.
  4. The User acknowledges that he uses the Store only for his own personal use. It is unacceptable to use the resources and features of the Store in order to carry out by the User a commercial activity or one that would or could violate the interests of the Seller.
  5. Orders at the Store can be placed by the Customer in the following manner:
    1. through the Purchase Form available on the Store's website,
    2. by e-mail to the address available on the Store's website,
    3. by e-mail by accepting the offer sent by the Seller at the request of the Client to the e-mail address indicated by the Client,
    4. making reservation of the Goods at the Seller's physical store;
  6. Purchases in the Store can be made through prior registration and login of the User or without registration.
  7. The User is obliged to complete the Purchase Form completely and truthfully.
  8. Active use of the Store requires user registration and logging into the Store. Registration is voluntary and free of charge.
  9. Creating a User Account requires providing the following data necessary to identify the User: name and surname, e-mail address, address of residence, telephone number;
  10. The User is only permitted to create individual Accounts.
  11. An active User Account entitles the User in particular to:
    1. access and view the list of Orders placed,
    2. saving and creating the list of favorite Goods observed by the User;
    3. managing payment and delivery addresses,
    4. change the password and Account details (including personal information);
  12. Logging into the Store involves entering the e-mail address and password provided during registration.
  13. The user is obliged to provide true data during registration. Service Provider is not responsible for the consequences of providing false data. If during the use of the Store there is a change in the aforementioned data, the user should contact the Store staff. Seller shall not be liable for the consequences of failure to comply with this obligation.
  14. After the User places an order, he/she will receive a message at the e-mail address provided earlier, confirming the contents of the placed order and the order number.
  15. In all cases, the store reserves the right to verify an order and its cancellation in cases of reasonable doubt as to the reliability of such order (including the identity of the customer).
  16. During the registration process, it is required to agree to the storage and processing by the Seller of personal data provided during registration and in orders, in accordance with the provisions of the Act of 10.05.2018 on the protection of personal data (Journal of Laws 2019, item 1781, as amended) and RODO.
  17. The Customer makes a commitment to the Seller when he accepts the order by clicking on the "Order with obligation to pay" icon.
  18. Subject to paragraph 19 below, after placing an order, the Customer receives an order receipt confirmation from the Seller, i.e. an e-mail that confirms receipt of the order with the number assigned to it and information including:
    1. Vendor data and individual order items,
    2. total gross price,
    3. delivery costs,
    4. method and date of payment,
    5. manner and timing of order completion,
    6. information on the right to withdraw from the contract - sample instruction on withdrawal from the contract constitutes Attachment No. 2 to these Regulations,
  19. If, for the country of delivery of the Product, it is not possible to establish a fixed delivery cost, the Seller, before confirming the receipt of the order, prepares a simulation of the delivery costs, and then sends to the e-mail address provided by the Client information on the delivery costs for this order, asking for acceptance. Upon receipt of such acceptance from the Customer, the Seller shall send an e-mail confirming receipt of the order, in accordance with section 18 above.
  20. E-mail from the Seller, i.e. confirmation of receipt of the order, constitutes confirmation of the conclusion of the Contract.
  21. After preparing the order and receiving the payment (in case of choosing COD payment by the Customer, receiving the payment is not required), the Seller will send to the Customer, in the form of email order confirmation and will start the procedure of shipping the order to the Customer.
  22. The Customer may track the status of the order in his/her User Account in the "Orders" tab.
  23. Orders will be delivered to the address specified by the Customer, located in the Republic of Poland and abroad.
  24. The Shop reserves the right to confirm order acceptance by phone or e-mail and verification of the Consumer's data. The Shop reserves the right to cancel an order in case of lack of possibility of contact with the Consumer or finding permanent unavailability of Product, about which it shall immediately notify the Consumer.
  25. The store is not responsible for non-delivery of goods or delay in delivery due to incorrect or inaccurate address provided by the customer.
  26. In the case of an order made by e-mail, referred to in paragraph 5.2 and 5.3 above, the Store sends immediately to the Customer an e-mail with information about the order, in particular about the ordered Products, a summary of the order [the value of the Products, the cost of delivery and the total amount to be paid], the Seller's data, information about the applicable Terms and Conditions of the Store with an active hyperlink referring the Customer to its content.
  27. In the case referred to in paragraph 26 above, the Agreement is concluded when the Customer confirms the order in the Store by sending an e-mail to the Seller with the wording "I confirm" or by clicking the active button "Confirm order".
  28. Reservation of Goods for the Customer is possible over the phone or electronically at the express request of the Customer. In this case, the moment of booking does not lead to conclusion of the Remote Contract. The conclusion of the contract of sale in such a case takes place only at the premises of the Seller in the presence of both parties, and this does not constitute a conclusion of the contract at a distance within the meaning of Article 2.1 of the Act of 30.05.2014 on consumer rights (Journal of Laws 2020.287, as amended).

§ 6
Method of payment

  1. The Customer may choose the following methods of payment: a). transfer via PayU payment service, b) credit card; c) BLIK; d) PayPal; e) ordinary transfer to a bank account, provided that in the payment title you must specify the order number and add "Payment from the online store", f). cash on delivery - subject to the fact that, when choosing a courier delivery - payment should be paid in cash, giving it to the courier at the time of delivery,
  2. Orders not confirmed or not paid (except for the "cash on delivery" option) by the Customer within 7 days of placing the order will be automatically cancelled.

§ 7
Payment term

  1. In case of choosing payment by electronic transfer or credit card, the Customer is obliged to pay for the Products and the cost of delivery within 7 days from the date of acceptance of the order by the Seller.
  2. The date of payment shall be the date of crediting the Seller's bank account.
  3. If the full price is not paid on time, the Seller may cancel the Customer's order, of which the Customer will be informed. If the Customer has paid part of the price, the Seller returns the entire amount paid.
  4. When making a payment by electronic transfer, the title of the transfer should include the order number assigned by the Seller. All the information needed to make a wire transfer payment, the customer receives via e-mail, after the Seller approves the order.
  5. If the order number is not provided in the transfer title, the Seller makes efforts to determine this number, in particular, contacts the Client. If it is impossible to determine the order number for a given transfer, the Seller returns the amount paid to the bank account from which the transfer was sent, and the order is cancelled.

§ 8
Order execution

  1. The Seller stipulates that the lead time of orders may vary. The Seller declares that it will make every effort for the Customer's order to be fulfilled as soon as possible after the payment is received by the Seller.
  2. The payment condition does not apply if the Customer makes a cash on delivery payment.
  3. In a situation where the Seller ascertains a permanent unavailability of the Product, the Seller may, with the consent of the Buyer, deliver another Product of the same properties, intended use and price, or withdraw from the Contract. The Seller is obliged to inform the Buyer about confirmed permanent unavailability of the Product.
  4. If the Seller is unable to fulfill the entire order, the Customer has the right to choose whether to fulfill the order only in part or to cancel the entire order.
  5. The proof of purchase for Customers who are Consumers is the receipt.
  6. The proof of purchase for Customers who are not consumers is a VAT invoice.
  7. On request of a Customer who is a consumer, the Seller will issue a VAT invoice. The request for issuing a VAT invoice should be reported in the field: „Comments” in the Purchase Form.

§ 9
Correcting the order

  1. Corrections to orders can only be submitted up to the point of order confirmation.
  2. Corrections can be made by sending an e-mail to kontakt@aeromind.pl or contacting the Seller at +48 61 307 10 30 (call cost as per operator). When making a correction, the Customer is required to provide the order number.

§ 10
Method and costs of delivery of Goods

  1. The Customer may choose the following forms of delivery of the ordered Goods:
    1. collection in person at the indicated point / branch / showroom of the Seller (after payment of the order) at 112B Piątkowska Street, 60-649 Poznań, from 9:00 to 15:00 on working days - free of charge,
    2. delivery through a courier company - delivery costs depend on the properties of the Product and will be given to the Customer separately.
  2. The cost of delivery shall be covered by the Customer, unless otherwise specified by the Seller in the Store.
  3. Before receiving the package from the courier, the Customer is obliged to check whether the packaging has not been damaged in transit. If the package has signs of damage, do not accept the shipment and in the presence of the courier draw up a damage protocol and contact the Seller as soon as possible to clarify the matter. In the case of delivery to a chosen package machine, contact the package delivery service immediately.
  4. The Customer, who is not a Consumer is obliged to check the condition of the goods after delivery and in the presence of a representative of the entity carrying out the delivery (courier, postal operator, etc.). In the case of mechanical damage to the consignment during transport, the Customer should write a damage protocol and immediately contact the Seller by phone or email at kontakt@aeromind.pl.

§11
Reports on the operation of the Store:

  1. Seller will make every effort to ensure that the Store is fully operational, in particular, the Seller undertakes to immediately remove any problems or failures that prevent the proper functioning of the Store.
  2. Any comments regarding the functioning of the Store may be submitted, for example, in the form of an e-mail message sent to the following address: logistyka@aeromind.pl ______________.
  3. The Seller shall not be liable to the Customer for:
  4. failures and disruptions in the operation of the Internet network by means of which the Customer uses the Store;
  5. effects resulting from third parties gaining possession of the Customer's data necessary to place the Order;
  6. resulting from interruptions in the operation of the Store, necessary to expand, reconfigure or replace hardware or software, or to perform necessary maintenance work;
  7. breaks in the provision of services occurring for reasons beyond the Seller's control;
  8. on account of the Customer's lost profits and/or losses resulting from interruption or refusal to provide the service/implementation of the Order by the Seller, including those resulting from disruptions in the work of Internet links, terrorist attack, hacker attack, and other reasons beyond the Seller's control, which may affect the Order, including reasons on the part of other entities (entities providing telecommunications, hosting, banking, postal, courier, e-mail, registering and maintaining domains and other similar services, the entity handling the payment process);
  9. for delays or disruptions in the completion of the Order resulting from improper preparation or transmission of data;
  10. the consequences of actions taken by the Client which constitute a breach of the provisions of the Regulations.
  11. malicious or infringing acts or omissions of any Internet user;
  12. obstacles from the software side;
  13. malicious software and viruses;
  14. The Seller is not responsible for the accuracy of personal data provided by the Customer when placing an Order.
  15. Seller has the right to temporarily limit some of the functions of the Store, make them available at selected times or introduce limits on their number, if the lack of limits may affect the continuity and stability of the Store. Seller is not responsible for the consequences of these actions.
  16. The Seller shall not be liable for any damages incurred by the Client as a result of using a computer connected to the Internet that is unprotected and devoid of anti-virus software;
  17. On the Seller's website there are hyperlinks to other websites. Seller is not responsible for the content of these sites and their incompatibility with applicable law.

§ 12
Sales guarantee

  1. The Customer may complain about the Product having defects using the rights under the Guarantee granted by the Manufacturer, if the Guarantee is granted.
  2. In the case of exercising by the Customer the rights referred to in section 1 above, the Customer may make a complaint with the Vendor, who is the intermediary forwarding the submitted complaint to the Manufacturer as the issuer of the Guarantee.
  3. In this case, the Customer is bound by the rules of conduct indicated in the Warranty Document, attached to the Yuneec Product. The Customer who is not a Consumer shall also be bound by the rules of complaint procedure based on the quality guarantee on the Manufacturer's website.
  4. The Customer sending the Product back to the Seller, within the execution of rights resulting from the Guarantee is obliged to attach a written statement containing the following data: details of the complainant - name and surname, exact address of residence and e-mail address, date of purchase of the Product, name of the Product, purchase price, precisely described defect and circumstances in which it arose, demands of the complainant, number of the Guarantee Document. The Customer is also obliged to attach the proof of sale - preferably the original or a copy of the receipt or the VAT invoice or other clear proof of purchase. A ready form to exercise the rights under the guarantee is attached as Appendix No. 2 to these Regulations.
  5. In case of any doubts concerning the procedure of exercising rights under the Guarantee, the Customer may obtain guidance by calling +48 61 307 10 30 (call costs as for local calls).
  6. The provisions of this section do not exclude, in the case of consumers, the possibility to claim for non-compliance of the product with the contract resulting from the warranty, as specified in § 13 below.
  7. The Seller shall not be liable for the Customer's lost profits in connection with the performance of the Contract.
  8. The Customer will lose their rights under the Guarantee if they breach the terms of the Guarantee.
  9. Yuneec Drones are warranted by Yuneec Europe Gmbh, Nikolaus-Otto-Straße 4, 24568 Kaltenkirchen, GERMANY. The duration of the warranty is specified for the particular Product in the accompanying warranty card. Yuneec Europe Gmbh guarantees to remedy manufacturing defects of the equipment. The warranty does not exclude, limit or suspend the purchaser's rights under statutory warranty for defects (applicable to Consumers).

§ 13
Liability for defects

  1. The seller is responsible to the customer if the goods sold have a physical defect (warranty).
  2. A physical defect consists in the sold thing being inconsistent with the Agreement. In particular, the sold item is inconsistent with the Agreement if:
    • does not have the qualities that a thing of that kind should have in view of the purpose specified in the contract or resulting from the circumstances or its intended use;
    • does not have the qualities which the seller assured the buyer of, including by presenting a sample or model;
    • is not fit for the purpose about which the buyer informed the seller at the conclusion of the contract and the seller has not objected to such purpose;
    • was delivered to the buyer in an incomplete condition.
  3. The Seller shall be liable for non-conformity of the goods with the contract only if it is found before the expiry of two years from the date of issuance of the Goods to the Client. This period runs anew in the event of replacement of the product.
  4. In the case of non-conformity of the goods with the contract, the Customer shall, within one year from the date of discovery of non-conformity, send a notice (statement) of non-conformity to the address of the Seller, indicated in § 1 of the Terms and Conditions. In order to meet the deadline it is sufficient to send the notice (statement) before its expiry. The Client is obliged to prepare in writing a description of found non-compliance of the Goods with the contract and indicate the scope of claim (see passage 5 below).
  5. If a sold item has a defect, Customer may:
  6. demand that the item be replaced with a defect-free item,
  7. demand removal of the defect,
  8. demand a price reduction,
  9. withdraw from the contract, unless the Seller shall immediately and without undue inconvenience to the Customer replace the defective item with a defect-free one or remove the defect.
  10. The Seller is obliged - at his own expense - to replace the defective item with an item free from defects or remove the defect within a reasonable time without undue inconvenience for the Customer. It is assumed that this period is up to 14 days.
  11. In the case of defects or non-compliance of the Goods with the agreement, the Client may file a complaint or send at the expense of the Seller the Goods complained of to the address of the Seller, indicated in § 1 of the Regulations.
  12. The Client sending back complained Goods to the Seller is obliged to attach a written statement containing the following data: details of the complainant - name and surname, exact address of residence and e-mail address, date of purchase of the Goods, name of the Goods, purchase price, precisely described defect and circumstances of its occurrence, demands of the complainant. A ready form of complaint constitutes Attachment No. 2 to these Regulations.
  13. In case of any doubts concerning the complaint procedure, the Customer may obtain guidance by calling +48 61 307 10 30 (call costs as for local calls).

§ 14
Exclusion of liability for material defects

  1. In relation to the Buyer not being a Consumer, the application of Articles 556 - 576 of the Civil Code and provisions of § 13 of the Terms and Conditions is excluded.

§ 15
Withdrawal from the consumer contract

  1. Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287, as amended), a Customer who is a Consumer who has purchased a Product remotely - through an online store - has the right to withdraw from the contract without giving reasons within 14 days (sending a statement before the deadline is sufficient to meet the deadline).
  2. Due to the specific nature of the Goods, the Seller conducts remote sales for customers who are Consumers up to a gross value of 10,000 PLN.
  3. The returned Product cannot bear traces of use beyond what is necessary to ascertain the nature, features and functionality of the Goods, i.e. the logs of the Product cannot bear evidence of flying of the Product and/or be removed. The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functionality of the Goods.
  4. Form of statement of withdrawal, which constitutes attachment No. 3 to these Regulations, is available on the Shop's platform in a way that allows its download by the Consumer.
  5. A statement of withdrawal can be made:
  6. by registered mail to the Seller's address as indicated in § 1 of the Terms and Conditions.
  7. in electronic form and send it to the Seller at the e-mail address specified in § 1 of the Terms and Conditions (the Seller shall immediately confirm by e-mail to the Client the receipt of the declaration).
  8. The Consumer shall only bear the direct costs of returning the Goods.
  9. When withdrawing from the contract, the Consumer is obliged to attach a proof of sale - preferably the original or a copy of the bill or VAT invoice or other clear proof of purchase.
  10. The Consumer is obliged to return the Product to the Seller's address given in § 1 above - at their own expense - immediately, but no later than 14 days from the date on which they have withdrawn from the contract (returning the goods before the deadline is sufficient to meet the deadline).
  11. Seller has an obligation to immediately, no later than within 14 days of receipt of consumer's statement of withdrawal from the contract, to return to the Consumer all payments made by him, including the cost of delivery (Seller returns the cheapest cost of delivery of the Goods offered in the Store).
  12. If the Consumer, together with a statement of withdrawal has not sent back the Goods, the Seller shall withhold to refund payments made by the Consumer until the date of receipt of the Goods.
  13. The Consumer should send back the Goods, if possible, in the original undamaged packaging.
  14. Reimbursement will be in the form in which the purchase was made: bank account or card, and in the case of cash on delivery - to a bank account specified by the Consumer.
  15. Shipments with returned Goods sent COD or at the expense of the recipient (Seller) will not be accepted.
  16. The Customer shall not be entitled to withdraw from the Agreement in the case of Goods in the form of sound or visual recordings or computer programs delivered in sealed packaging if the packaging was opened after delivery.
  17. In the case of an order of digital content, the Consumer agrees to start the service of supply of digital content that is not recorded on a tangible medium before the end of the period for withdrawal, the right of withdrawal expires when the download of the ordered digital content begins.
  18. When the Seller performs the ordered service, e.g. after the implementation of training, giving access to the file on intangible media, and before the expiry of the statutory right of withdrawal, the Client who is the Consumer loses the right to withdraw from the contract, to which the Consumer agrees.

§ 16

  1. By entering into the Agreement, the Customer is aware of the legal restrictions associated with Unmanned Aerial Vehicles, including but not limited to:
  • An operator of an unmanned aerial vehicle may be an adult person who has sufficient skills and knowledge to fly remotely controlled models, or a minor over 14 years of age with the consent of the legal guardian;
  • Legal, financial or criminal liability for damage to property or health caused by an Unmanned Aerial Vehicle and for consequences associated with violations of the rules of flight of aerial models and Unmanned Aerial Vehicles always rests with the operator (or his legal guardians) of the Unmanned Aerial Vehicle;
  • Unmanned Aerial Vehicle (UAV) flights for recreation or sport may only be performed within visual line of sight (VLOS),
  • there is a need to obtain permission to fly in the special category for Unmanned Aerial Vehicles heavier than 25 kg,
  • The operator of an aircraft used for commercial purposes, other than recreational or sporting ones, is required to hold a qualification certificate in accordance with Article 95(2)(5a) of the Aviation Law;
  • Non-compliance with air traffic regulations, especially performing flights beyond visual range (FPV) in controlled airspace (A,B,C,D,E,F including TMA and CTR areas of controlled aerodromes) outside designated areas for this purpose is prohibited (Article 126 paragraph 4 of the Aviation Law);
  • There is an obligation to register the operator of an Unmanned Aircraft System (BSP).
  1. The Customer receives from the Vendor, together with the Warranty Card, the User Manual, and other legally required documents provided by the Manufacturer, which the Customer is obligated to follow. To ensure safe use of the Yuneec Product, the Vendor requires completion of free training, available on the Vendor's e-learning platform.
  2. Client agrees to check the technical condition of the Product before starting it up
    and in the case of finding any defects or malfunctions, to immediately inform the Seller and cease using the Product

§ 17
Newsletter Service:

  1. The Seller provides free of charge Newsletter Service to selected Users/Customers, consisting of sending ordered information, offers;
  2. The newsletter service agreement is concluded under the terms and conditions of these Terms and Conditions for an indefinite period of time upon signing up for the newsletter by:
  3. entering by the User in the newsletter subscription form available in the Shop in the "Newsletter" tab the name and e-mail address to which the newsletter will be sent electronically and clicking "Sign me up"; or
  4. clicking by the Customer making the Order on the checkbox "________";
  5. The newsletter service agreement is terminated when the Customer/User withdraws their consent to receive the newsletter via clicking a designated resignation button, included in the newsletter.
  6. The Seller is not responsible for the accuracy of the personal data provided by the Client/User during subscription to the Newsletter Service.

§18
Protection of personal data

  1. By placing an order at the Online Store, the User gives his or her consent to the inclusion of his or her personal data in the Store's database and to its processing for the purposes of completion of the Agreement. Providing personal data by the User is voluntary, however, lack of consent to process the data prevents the Store from fulfilling the order.
  2. The administrator of the personal data is the Seller. Personal data are processed in accordance with Article 6(1)(b) of the RODO, as it is necessary for the performance of the Agreement or to take action prior to the conclusion of the Agreement with the User, including in particular the transfer of his personal data to the courier company in order to implement the form of shipment of Goods selected by the Customer. The processing of this data does not violate the rights and freedoms of the Customer.
  3. Personal data are protected in accordance with the Act of 10.05.2018 on the protection of personal data (Journal of Laws 2019, item 1781, as amended) in a way that prevents access by unauthorized persons. The user has the right to inspect their personal data, correct them and request their deletion.
  4. Personal data placed in the Seller's database are processed solely for the purpose of performing the Agreement and are:
    1. name,
    2. mailing address,
    3. phone number,
    4. email address,
    5. information contained in system logs - for technical and statistical purposes,
    6. in case the administrator receives information about the user's use of the service provided electronically contrary to the Terms and Conditions or binding regulations (unauthorized use), the administrator may process the user's personal data to the extent necessary to determine the user's liability.
  5. The Customer may also at any time give additional consent to the processing of his/her personal data for marketing purposes by the Seller and other related entities, in order to inform him/her about new goods, promotions and services available at the Store. The User may withdraw this consent at any time.
  6. Personal data can only be shared on the basis of a personal data processing agreement.
  7. The collection and processing of personal data is carried out in accordance with the Privacy Policy contained in Appendix 4 to the Regulations.
  8. User's personal data are processed for the time necessary for the execution of the Agreement and no longer than for 6 years after the execution of the Agreement for archiving purposes in case of the need to defend against possible claims against the Seller. After this time they are deleted.

§ 19
Copyright and related rights

  1. All content on the Store, including text, photos, graphics, audio and video files, elements of each individually and all together, source code are the property of the Seller, unless expressly stated otherwise.
  2. The content is copyrighted and may only be used for personal use without permission of the owner, may not be used publicly in any way (eg. reproduced, altered, shared) without prior written permission of the owner.
  3. Unauthorized use of Seller's proprietary logo and name is prohibited.
  4. The Customer / User does not acquire by virtue of the concluded Agreement any rights to the content of the Store, unless a separate agreement is concluded in this regard.
  5. The Customer/User is obliged not to violate the rights referred to in paragraph 2 above.

§ 20
Cookie policy

  1. The store uses so-called cookies.
  2. These files are stored on the Client's computer by the Seller's server and provide statistical data about the Client's activity in order to match the Store's offer to the Client's individual needs and interests.
  3. The Store software saves information in cookies regarding the following areas:
  4. about the session,
  5. recently viewed products.
  6. The Customer may at any time disable the option of accepting cookies in his/her Internet browser, although he/she must be aware that in some cases disabling these files may cause difficulties in using the Store's offer.

§ 21
Rental of Unmanned Aerial Vehicles for a fee

  1. The Vendor's offer also includes paid access to Unmanned Aerial Vehicles for the time of repair of the used model, the so-called "replacement drone".
  2. Detailed terms and conditions of the service described in point 1. depend on the individual needs of the Client and will be made available at the express request of the interested party.
  3. The person to whom the Product has been made available pursuant to this paragraph shall be responsible for all damages caused in connection with such making available, except for those caused by defects inherent in the Product.


§ 22

  1. Seller provides an additional "B2B" platform in the Store for some Customers.
  2. Access to the B2B platform occurs only after registration to it and granting access by the Seller.
  3. Creating a B2B Account requires providing the following data, which are necessary to identify the User: login, company name, e-mail address, registered office address, telephone number;
  4. An active Account on the B2B platform entitles the User, in particular, to
    1. placing orders,
    2. In specific cases, access to individually available discount code systems,
    3. Access to a module that allows registration of resale projects under the Programs in which it is a participant;
    4. access and view the list of Orders placed,
    5. take advantage of discounts, price promotions available at any given time,
    6. managing payment and delivery addresses,
    7. change your password and Account details;
  5. Logging into a B2B Account consists of typing in a login and password, given during the registration.
  6. The user is obliged to provide true data during registration. Service Provider is not responsible for the consequences of providing false data. If during the use of the Store there is a change in the aforementioned data, the user should contact the Store staff. Seller shall not be liable for the consequences of failure to comply with this obligation.

§23
General provisions

  1. The Regulations are part of the Agreement concluded by the Seller and the Client.
  2. The governing law for contracts of sale between the Customer and the Seller under the terms of the Terms and Conditions is Polish law.
  3. The language applicable to the Store's relations with the Customer who is a Consumer is the Polish language.
  4. Any disputes arising in connection with the implementation of sales agreements between the Seller and the Customer will be resolved first of all by way of negotiation, with the intention of an amicable settlement of the dispute.
  5. The Regulations shall come into force as of the date of their publication on the Store's website.
  6. Seller reserves the right to change the Terms and Conditions in case of introduction of new functionalities of the Store or changes in the scope of services provided, as well as in case of changes in generally applicable law to the extent that such change in legal regulations modifies the content of these Terms and Conditions or imposes an obligation on Seller to make certain changes.
  7. Customers may access these Terms and Conditions at any time via a link provided on the home page of the online store, the Terms and Conditions may be recorded, retrieved and reproduced by printing it out or saving it on an appropriate carrier.























Attachment No. 1
 
TERMS AND CONDITIONS OF PRICE PROMOTIONS
I. General Provisions

  1. The organizer of price promotions is the Seller.
  2. The price promotion includes products offered in the "Promotions" and "Product of the Day" tab.
  3. The rules of the promotion have been defined in these Terms and Conditions; however, any matters not regulated herein shall be governed by the provisions of the Rules of Purchase available at www.aeromind.pl.
  4. The terms of a promotional offer may not be combined with other promotional offers, special offers, unless the terms of individual promotional offers allow such a possibility.

II. Promotional offer

  1. The rules of the promotional offer are subject to change during its duration, provided that this does not apply to orders placed before the change.
  2. The Organizer will inform about the scope of the change on the websites where it posts information about the promotional offer.
  3. A promotional offer is binding for customers who place orders during the offer's validity period and accept the provisions of the Seller's regulations.

III. Duration of the offer
The promotional offer lasts from the date of announcement until further notice and is valid for orders placed via the Online Store only.
IV. Participants

  1. The promotional offer is addressed to Customers who:
  2. a) accept the provisions of the Seller's purchasing regulations,
  3. b) place an order during the promotional offer period according to the rules described in the Seller's Purchase Regulations.

V. Description of the promotional offer
Customers who meet the conditions for participation in the promotion may place orders according to the rules specified in the Seller's purchasing regulations and at prices offered in the "Promotions" and "Product of the Day" tabs.
VI. Final Provisions

  1. The Regulations shall come into force as of the date of their publication on the Store's website.
  2. In matters not regulated by these Regulations, the provisions of the Civil Code and the Consumer Rights Act of 30 May 2014 shall apply.







Attachment No. 2
Complaint form-> DOWNLOAD
[*]- delete as appropriate
[Town], [Date]_
AeroMind sp. z o.o. sp.k.,
112B Piątkowska St., 60-649 Poznań





tel. +48 613071030





Name, surname
Consumer address





Goods reclamation
Warranty entitlements [].I hereby notify you that the merchandise purchased by me on__________, delivered to me on _______________________ [merchandise*] order number -is defective. The defect is:**______________________________________________
The defect was found on __________________________
I want to exercise my rights under the Guarantee and in order to do so I send the goods back to your address, please initiate the guarantee procedure.


Warranty entitlements [].I hereby notify you that the merchandise purchased by me on__________, delivered to me on _______________________ [merchandise*] order number -is defective. The defect is:**______________________________________________
The defect was found on __________________________
I want to exercise my rights under the warranty for defects of the sold thing on the basis of the Act of 23 April 1964 Civil Code I demand

  • exchange for a new product* (article 561 § 1 of the Civil Code)
  • Repair of goods free of charge* (Article 561 § 1 of the Civil Code)
  • reduce the price of the goods by the amount of ________ (in words:_________________) PLN,
    Please return the specified amount to the account ___________________________________ /by
    mail to my address*_________________________ (Article 560§ 1 of the Civil Code);

I withdraw from the contract and request a refund of the product price to the account ______________________________________________________* (Article 560 § 1 of the Civil Code); I declare that I will send the goods to your address within 14 days from the date of this statement.









































































































































Attachment No. 3
Withdrawal declaration form-> DOWNLOAD
WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)

  • Addressee: AeroMind sp. z o.o. sp.k., 112B Piątkowska St., 60-649 Poznań, kontakt@aeromind.pl, tel. +48 6130 71030

  • I/We() hereby give notice ()of my/our withdrawal from the contract of sale of the following items(*)

  • agreements for delivery of the following things ()_______________________________________________________________– Date of the agreement(]/receiving the goods(*)________________

  • Name of consumer(s) ____________________________________________________

  • Address of consumer(s) _______________________________________________________________

  • Signature of consumer(s) (only if the form is sent in hard copy)

  • Date
    (*) Delete as appropriate.

























































Attachment No. 4
PRIVACY POLICY
§.1 General Provisions

  1. The administrator of the data is aeroMind sp. z o.o., sp.k. with its registered office in Poznań, 112B Piątkowska Street, entered into the National Court Register under KRS number: 0000695125, for which registration files are kept by the National Court Register, VIII Commercial Department in Poznań, NIP: 782-274-10-74, REGON: 368269850. Data protection is carried out in accordance with the requirements of commonly applicable laws, and their storage takes place on secured servers.
  2. For interpretation of terms, the glossary of the Terms of Use shall apply or as described in the Privacy Policy (if directly apparent from the description).
  3. For the purpose of better perception of the Privacy Policy, the term "User" is replaced with "you", "Administrator" with "We". The term "RODO" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
  4. We respect your right to privacy and we care about data security. For this purpose we use, among others, a secure communication encryption protocol (SSL).
  5. Personal information provided on the registration form is treated as confidential and is not visible to unauthorized persons.

§2 Data Administrator

  1. Your personal data will be processed for the performance of the contract, including the delivery of goods on the basis of Article 6(1)(b) - processing necessary for the performance of the contract and delivery - of the General Data Protection Regulation of 27 April 2016. (RODO)
  2. Your personal data will be processed for marketing purposes on the basis of: Article 6(1)(a) - your consent and Article 6(1)(f) - legitimate interest of the controller or a third party - of the General Data Protection Regulation of 27 April 2016. (RODO). The legitimate interest of the controller or a third party is direct marketing.
  3. Providing personal data is voluntary; however, refusal to provide data may result in the impossibility of sending commercial information
  4. Data will not be made available to other entities than those authorized by law and contractually obliged to process personal data.
  5. You have the right to request the Administrator to access, rectify, erase or restrict processing of your personal data, the right to data portability and the right to object to processing
  6. Personal data are processed: a. in accordance with regulations on personal data protection, b. in accordance with the implemented Privacy Policy, c. in the scope and for the purpose necessary to establish, shape the content of the Agreement, amend or terminate it and properly perform Services provided electronically, d. in the scope and for the purpose necessary to fulfill legitimate interests (legally justified purposes), and the processing does not violate the rights and freedoms of the data subject.
  7. Each data subject (if we are the data administrator) has the right of access, rectification, erasure or restriction of processing, the right to object, the right to lodge a complaint with the supervisory authority.
  8. Contact with the person supervising the processing of personal data at the Administrator is possible by e-mail at: daneosobowe@aeromind.pl.
  9. We reserve the right to process your data after termination of the Agreement or withdrawal of your consent only to the extent necessary to assert possible claims in court or if national or EU or international law obliges us to retain the data.
  10. The Administrator is entitled to share the User's/Customer's personal data and other data to entities authorized under applicable law (e.g. law enforcement agencies).
  11. The deletion of personal data may take place as a result of the withdrawal of consent or the lodging of a legally permissible objection to the processing of personal data.
  12. The Administrator shall not disclose personal data to any other entities than those authorized under the relevant provisions of law.
  13. We have implemented data encryption and access control to minimize the consequences of any possible breach of data security.
  14. Personal data is processed only by persons authorized by us or by processors with whom we work closely.

§3 Cookies

  1. The website www.aeromind.pl uses cookies. These are small text files sent by a web server and stored by your browser's computer software. When the browser reconnects to the site, the site recognizes the type of device the user is connecting from. The parameters allow only the server that created them to read the information they contain. Cookies therefore facilitate the use of previously visited sites. The information collected relates to the IP address, the type of browser used, the language, the type of operating system, the Internet service provider, the time and date information, the location and the information sent to the site through the contact form.
  2. We use the data we collect to monitor and see how users use our sites in order to improve the site by providing a more efficient and seamless navigation experience. We monitor user information using Google Analytics, which records user behavior on the site. Cookies identify users so that we can tailor the content of the site to their needs. By remembering your preferences, it allows us to tailor the advertising targeted to you. We use cookies to ensure the highest standard of comfort of our service, and collected data is used only within the aeroMind sp. z o.o., sp.k. in order to optimize operations.
  3. We use the following cookies on our website: a) "essential" cookies that make it possible to use the services available in the Store, e.g. authentication cookies used for services requiring authentication within the site; b) "security" cookies used to used to detect abuse of authentication within the service; c) "performance" cookies, enabling collection of information on the manner of use of the website; d) "functional" cookies, enabling "remembering" the user's selected settings and personalization of the user's interface, e.g. with regard to the selected language or region from which the user comes from, font size, website layout, etc.; e) "advertising" cookies, enabling provision of advertising content more suited to the users' interests.
  4. The user can at any time disable or restore the option of collecting cookies by changing the settings in their web browser. Additional personal data, such as e-mail address, are collected only in places where the user, by filling out a form, expressly agreed to it. We retain and use the above data only for the purposes necessary to perform a given function.




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