FLYSPOT/DEEPSPOT ONLINE STORE TERMS AND CONDITIONS

1. subject matter

The Regulations set out the rules of the Flyspot/Deepspot online store, the placing of orders for Products, the delivery and payment of the price for Products, as well as the rules for filing and processing of complaints and the rights of Consumers to withdraw from Product Orders.

2 Definitions

Flyspot/Deepspot – AEROTUNEL Limited Liability Company with registered office in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register maintained by the District Court for the city of Warsaw. st. Warsaw, XII Economic Department of the National Court Register, under the KRS number 0000587608, NIP: 5252533508. Contact Flyspot/Deepspot: e-mail: [email protected] or [email protected], tel: 698626500; Customer – a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, but with legal capacity;

Consumer

– a natural person purchasing a Product for a purpose not directly related to his/her business or professional activity;

Products – goods offered by Flyspot/Deepspot on the Service, including clothing, accessories, etc., and Vouchers;

Registration-the process of creating an account on the Site by the Customer, containing the Customer’s data, used to identify the Customer on the Site and to place and execute Orders;

Service

– online store operated by Flyspot/Deepspot, available at store.Flyspot.com and store.deepspot.com;

Terms and Conditions-Theserules and regulationsgoverning the sale of Products at a distance;

Law

– Law of May 30, 2014. On consumer rights;

Voucher – Product entitling to use a service offered by Flyspot/Deepspot, including, in particular, a flight service in a wind tunnel or flight simulator. Unless the Terms and Conditions stipulate special conditions for Vouchers, the provisions of the Terms and Conditions for Products shall apply to the rules for their purchase by the Customer;

Order – an order for a Product made by the Customer on the Site.

3 Registration

1. Registration for the Service is done by filling out the registration form available at sklep.Flyspot.pl and sklep.deepspot.com. After completing it, the Customer will receive an email to the address provided in the form to confirm the Registration. In an email, the customer will receive registration data (login and password to access the account), authorizing him to log into the account. The first login to the account is equivalent to activating it. In case of loss of login or password to access the account, the Customer may use the procedure for their recovery by clicking on the appropriate fields available on the Website.
   
   
2. During Registration, the Customer is required to provide true data.
   
   
3. The customer should keep the login and password confidential and properly protected.
   
   
4. To the extent permitted by law, Flyspot/Deepspot is not responsible for the consequences of incorrect or incomplete data provided by the Customer and for the consequences of the use of the Customer’s login and password by a third party.
   
   
5. In order to browse the offer of the Service, it is not necessary to register.
   
   
6. Purchases on the Site can be made by Customers who have previously completed Registration, as well as other Customers, after providing the appropriate data during the purchase procedure.
   

4 Ordering Products, price, payment methods

1. In order to place an order for a Product, it is necessary for the Customer to have a computer with access to the Internet and an Internet browser (such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.) and an active e-mail account.
   
   
2. The information provided on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a sales contract.
   
   
3. To place an Order, the Customer should select a Product or Products. Optionally, the Customer may indicate additional wishes when placing the Order, in accordance with the options available on the Website, in particular, a different place of delivery than the Customer’s residence or registered office, requesting an invoice, etc.
   
   
4. When purchasing a Product, you must select its relevant options, as described on the Website, such as size, color, etc. In the case of Vouchers, it is necessary to make a selection of the type of Voucher, depending on the type and scope of the service that the Customer would like to purchase, and possibly make a selection of additional options, such as the days of the week on which to use the service to which the Voucher entitles.
   
   
5. The order is placed when the Customer clicks the “Order and pay” button or any equivalent. 6. Payment for the Products is possible using electronic payment methods available on the Site, including, in particular, through DOTPAY service. The payment service is offered to the Customer by Dotpay S.A. based in Krakow. Before making a payment, the customer should read and accept the Dotpay payment terms and conditions.
   
   
6. Once the Order has been placed and the payment for the Product has been made, the Customer will receive an e-mail to the address provided in the Customer’s account or during the ordering procedure, containing a confirmation of the Order.
   
   
7. The contract between the Customer and Flyspot/Deepspot for the purchase of the Product is concluded for the duration of the Parties’ performance of their obligations under the contract. The Agreement may be terminated in accordance with the procedures and terms of these Regulations, the Civil Code and the Law. In the case of the purchase of Vouchers, the contract also expires upon expiration of the Voucher, without further claims on the part of either Party. The validity period of the Voucher is stated on the Site and on the Voucher itself.
   
   
8. The subject of the contract of sale on the Site are Products, the main features of which are listed on the Site. The prices of the Products indicated on the Site include VAT or are given in net and gross amounts, in Polish zloty. Before placing an Order, the Service also shows the Product delivery costs, and after the Customer selects a delivery option, the Customer is informed and accepts the final sum to be paid, which consists of the gross price for the Product and the cost of delivery, as well as any financial handling costs.

5 Delivery, quality of Products

1. The delivery time of an Order for a Product is up to 5 working days (days from Monday to Friday, excluding public holidays).
   
   
2. The product is sent to the Customer by courier service, to the address specified by the Customer in the Order.
   
   
3. The provisions of paragraph. 1 and 2 do not apply to Vouchers for the purchase of which the Customer has chosen an electronic delivery option (Electronic Voucher). Such Vouchers are sent electronically to the e-mail address indicated by the Customer, immediately after payment of the Order.
   
   
4. If, after placing the Order, it turns out that the Product is not available, Flyspot/Deepspot will notify the Customer via e-mail and refund the funds paid by the Customer. If some of the Products indicated in the Order are unavailable, or if the Product can be delivered, but within the timeframe longer than indicated in paragraph. 1, the Customer may decide to cancel part or all of the Order.
   
   
5. Flyspot/Deepspot provides for the possibility of shipping Products only to recipients in the territory of Poland. If you wish to order Products overseas, please contact Flyspot/Deepspot. This restriction does not apply to products sold electronically.
   
   
6. In the case of damage to the shipment, it is recommended to write a damage report, which will facilitate the investigation of any claims.
   
   
7. Flyspot/Deepspot undertakes to deliver Products free of defects.
   
   
8. In case of physical defects of the Product: i. if the Customer is a Consumer – Flyspot/Deepspot is liable to the Customer under the terms of the Regulations, the Civil Code and the Act. In particular, Flyspot/Deepspot shall be liable to the Consumer under the warranty, under the terms of the Civil Code; ii. if the Customer is not a Consumer, in the event of a defect in the Product Flyspot/Deepspot undertakes, at its option, to replace the Product with a defect-free one or to refund the price paid by the Customer for the defective Product (withdraw from the contract). Otherwise, Flyspot/Deepspot’s liability for physical defects of the Product, including in particular warranty liability, is excluded.
   
   
9. In the case of legal defects in the Product, the provisions of the Civil Code shall apply.

6. withdrawal from the contract

1. Subject to Art. 7 paragraph. 4 of the Regulations, the Customer who is a Consumer has the right to withdraw from the contract of purchase of the Product, without giving any reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 par. 2 and Art. 35 of the Law, within 14 days from the date of receipt of the Products. To meet the deadline it is sufficient to send a statement of withdrawal before its expiration.
   
   
2. The declaration of withdrawal can be sent by regular mail or e-mail to [email protected].
   
   
3. The customer can use the following withdrawal template:
   
   
   1. Addressee: AEROTUNEL Limited Liability Company, 00-090 Warsaw, Al. Solidarności 75/26, e-mail: [email protected]
   2. I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items: _________________
   3. Date of contract(*)/acceptance(*)
   4. Name of Consumer(s)
   5. Address of the Consumer(s)
   6. Signature of the Consumer(s) (only if the form is sent in hard copy)
   7. Date(*) Delete as needed.
      
      
4. Flyspot/Deepspot will confirm receipt of the cancellation notice by sending an email to the Customer at the email address.
   
   
5. The consumer is obliged to return the Product immediately, but no later than 14 days from the day on which he withdrew from the contract. The product should be returned to Flyspot/Deepspot Aerotunel sp. z o.o. Street. Chorzowska 100, 40-101 Katowice. For Vouchers delivered electronically, there is no need to send them back. Upon Flyspot/Deepspot’s receipt of the Customer’s statement of withdrawal, Flyspot/Deepspot will block the code shown on the Voucher, allowing the use of the service.
   
   
6. In the event of cancellation of the contract by the Consumer, Flyspot/Deepspot shall promptly refund to the Consumer the payments made by the Consumer, including the cost of delivery of the Product, in accordance with the provisions of the Law. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered on the Website, Flyspot/Deepspot shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
   
   
7. The direct costs of returning the Product shall be borne by the Consumer. Flyspot/Deepspot does not accept parcels returned COD and is not responsible for the costs associated with such shipments.
   
   
8. Flyspot/Deepspot will refund the payment using the same method of payment used by the Consumer.
   
   
9. The consumer shall be liable for any diminution in the value of the Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.

7 Special conditions for Vouchers

1. The Voucher – during its validity period – entitles you to use the services offered by Flyspot/Deepspot, as described in the Service for a given Voucher. In order to use such services, it is necessary to make a reservation in the reservation system according to the instructions attached to the Voucher (tab ‘Redeem Voucher’), including entering the code found on the Voucher on the Website.
   
   
2. It is possible for the Customer to change the reservation he has made (no later than 1 hour before the booked flight), but only subject to the availability of the dates of the service in question, and subject to the fact that making such a change may be subject to an additional fee, the amount and method of payment of which will be indicated on the Service. The amount of the fee may depend, in particular, on the time before the booked flight the customer would like to make a change.
   
   
3. The voucher is valid for a period of 12 months from the date of purchase and during the above period entitles you to book services. 4. According to Art. 38 pts. 12) of the Law, once the Voucher has been used for the purpose of booking a service (i.e., selecting the date to use the service with the Voucher code), the Customer is not entitled to withdraw from the Contract, including in the case where the Consumer is a party to the contract.

8 Complaints

1. Complaints can be submitted via email to: [email protected] / [email protected] / [email protected] or by mail to Flyspot/Deepspot address indicated in the definitions.
   
   
2. The complaint should include, in particular, the Customer’s data and the Order number and a description of the complaint.
   
   
3. Flyspot/Deepspot will consider the complaint within 14 days of its receipt, notifying the Customer of the manner of its consideration at the address from which the complaint was sent.

9. data protection

1. The administrator of the Customer’s personal data is AEROTUNEL Spółka z ograniczoną odpowiedzialnością Sp.k., with its registered office in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Economic Department of the National Court Register under the KRS number 0000587608, NIP: 5252533508, e-mail: [email protected] or [email protected] (‘Flyspot/Deepspot’).
   
   
2. Personal data will be processed by Flyspot/Deepspot for the purposes necessary for the performance of the contract between the Customer and Flyspot/Deepspot concerning the services provided by Flyspot/Deepspot (in particular, the service of flights in the wind tunnel or flight simulator) or the sale of products offered by Flyspot/Deepspot. In addition, Flyspot/Deepspot may use personal data for purposes arising from the legitimate interests pursued by the controller, in particular marketing of services provided by Flyspot/Deepspot, including profiling of personal data for the above purposes, provided that the Customer has the right to object at any time to the processing of his/her personal data for the purposes referred to in this sentence.
   
   
3. For marketing purposes, Flyspot/Deepspot may also process personal data on the basis of the Customer’s separately expressed consent, to the extent of such consent. The giving of this consent is voluntary, and the Customer may withdraw it at any time, except that the withdrawal of consent will not affect the legality of the processing of personal data on the basis of consent before its withdrawal.
   
   
4. Personal data may be transferred to entities that process it on behalf of Flyspot/Deepspot, such as marketing agencies and subcontractors of our services (e.g. couriers).
   
   
5. If you purchase a service offered by Flyspot/Deepspot, your personal information (name) may be visible on a light board located inside the Flyspot/Deepspot building, in the ‘flight queue’. When booking a service, the Customer has the option – by editing the appropriate field of his/her booking – to place in the flight queue only the Customer’s nickname (nickname) entered in the booking details.
   
   
6. Subject to paragraph. 7 below, the Customers’ personal data for the performance of the contract will be kept by Flyspot/Deepspot for the period of its performance, and after that – for the period required by law.
   
   
7. For Customers who have registered for the Service, personal data will be stored by Flyspot/Deepspot for the period of use of the Service and 12 months after the last login to the Service. With respect to personal data processed for marketing purposes, Flyspot/Deepspot will process such data until any objection by the Customer is received or the Customer withdraws consent.
   
   
8. In addition to the other rights referred to in this article of the Terms and Conditions, the Customer has the right to demand from Flyspot/Deepspot access to his/her personal data, rectification, deletion or restriction of processing, as well as the right to data portability and to lodge a complaint with a supervisory authority. 9. Provision of personal data is voluntary, however it is necessary for the purpose of fulfilling the contract with Flyspot/Deepspot.

10. final provisions

1. Flyspot/Deepspot reserves the right to temporarily suspend the availability of the Service, in particular in cases of maintenance, repair or expansion of the Service.
   
   
2. To the fullest extent permitted by law, Flyspot/Deepspot shall not be responsible for the blocking by mail server administrators of the transmission of messages to the e-mail address indicated by the Customer, or for the deletion and blocking of e-mail messages by software installed on the computer used by the Customer.
   
   
3. Flyspot/Deepspot, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions, in the operation of the Service caused by force majeure, unauthorized acts of third parties or incompatibility of the Service with the Customer’s technical infrastructure.
   
   
4. For statistical purposes and in order to provide the highest quality of service, the Website uses information recorded by the server on the Client’s terminal device, which is then read every time the Internet browser is connected (so-called cookies). The customer can change the browser settings at any time to not accept such files or to inform about their transmission. Failure to accept cookies may result in difficulties in using the Website. Customer’s use of a browser, the settings of which allow the storage of cookies on the Customer’s device, implies consent to the storage of the above files on that Customer’s device.
   
   
5. The Customer is obliged to refrain from activities that could interfere with the proper functioning of the Service, in particular from interfering with the software that ensures the functioning of the Service or with the content presented on the Service, as well as from providing content of an unlawful nature.
   
   
6. Subject to the liability referred to in Art. 5 paragraph. 8 of the Terms and Conditions, Flyspot/Deepspot does not provide a warranty for the Products or after-sales services. Flyspot/Deepspot is not bound by the code of good practices referred to in Art. 2pts. 5) the Law on Prevention of Unfair Market Practices.
   
   
7. Disputes arising from the contract for the delivery of the Product will be heard by the competent common court. If the Customer and Flyspot/Deepspot agree, the dispute may be submitted to out-of-court settlement, in particular, the case may be referred to a permanent amicable consumer court agreed by the Parties.
   
   
8. In matters not regulated by the Regulations, the provisions of Polish law shall apply.