TERMS

I. GENERAL PROVISIONS

1. The 4HFT.PL Shop operates in accordance with the terms set out in these Terms and Conditions.
2. These Terms and Conditions specify the conditions for entering into and terminating Product Sales Agreements, the procedure for handling complaints, as well as the types and scope of services provided electronically by the 4HFT.PL Shop, the rules for providing these services, and the conditions for entering into and terminating electronic service agreements.
3. Each Service User, upon taking actions aimed at using the 4HFT.PL Shop’s Electronic Services, is obliged to comply with the provisions of these Terms and Conditions.
4. The Shop informs that in different countries there may be legal requirements regarding the possession, use, and purchase of products such as, in particular, air guns or airsoft guns. All air guns offered have an energy of less than 17J, and therefore do not constitute a weapon as defined by the Act on Arms and Ammunition (Journal of Laws 1999 No. 53, item 549, as amended), and their purchase and possession do not require a permit and are not subject to mandatory registration with the Police.
5. In the case of an Order from outside Poland or travel with a Product purchased from the Shop, the responsibility for possessing and using certain categories of Products, as well as the duty to be aware of and comply with local laws, rests with the Customer.
6. In the case of purchasing certain Products, in particular air guns, the Customer must be an adult with full legal capacity.
7. For matters not regulated in these Terms and Conditions, the following provisions shall apply:
   1. the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
   2. the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827),
   3. the Act on Out-of-Court Settlement of Consumer Disputes of September 23, 2016 (Journal of Laws 2016, item 1823),
   4. the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other applicable provisions of Polish law.

II. DEFINITIONS CONTAINED IN THESE TERMS

1. ORDER FORM – the form available on the website https://4hft.pl/ that enables placing an Order.
2. CUSTOMER – the Service User who is a Consumer, and who intends to, or has concluded, a Sales Agreement with the Seller.
3. CONSUMER – a natural person who performs a legal act with an entrepreneur that is not directly related to their business or professional activity.
4. ENTREPRENEUR – a natural person, legal person, and an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity in their own name.
5. PRODUCT – a movable item or service available in the Shop that is the subject matter of a Sales Agreement between the Customer and the Seller.
6. NEWSLETTER – an Electronic Service that allows the Service User to subscribe and receive free information from the Service Provider at the email address provided by the Service User, concerning the Products available in the Shop.
7. TERMS AND CONDITIONS – these Shop Terms and Conditions.
8. SHOP – the online shop of the Service Provider operating at https://4hft.pl/.
9. SELLER, SERVICE PROVIDER – Krzysztof Kowalczyk conducting business under the name 4HFT KRZYSZTOF KOWALCZYK, registered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister responsible for the economy, with the place of business and mailing address: ul. Podhalańska 9/41, 41-907 Bytom, NIP: PL6263015829, REGON: 367240984, email: krzysztof@4hft.pl, telephone: +48 530 396 838.
10. SALES AGREEMENT – the Product Sales Agreement concluded between the Customer and the Seller via the Shop.
11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Shop.
12. SERVICE USER – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, using the Electronic Service.
13. ORDER – the expression of the Customer’s will constituting an offer to conclude a Product Sales Agreement with the Seller.
14. PRICE – a value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

III. INFORMATION REGARDING PRODUCTS AND THEIR ORDERING

1. The 4HFT.PL Shop conducts retail sales of Products via the Internet within Poland.
2. The Products offered in the Shop are new, free from physical and legal defects, and have been legally introduced to the market.
3. The information provided on the Shop’s web pages does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions stated in its description.
4. The price of the Product displayed on the Shop’s website is quoted in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The price of the Product shown on the Shop’s website is binding at the moment the Customer places the Order. This price will not change regardless of subsequent price changes in the Shop for individual Products after the Order has been placed.
6. The Seller clearly informs Customers of the unit prices, promotions, and price reductions of Products. In addition to the discount information, the Seller displays the lowest price of the Product that was in effect during the 30 days preceding the discount, and if the Product is offered for sale for a period shorter than 30 days – the Seller displays the lowest price of the Product that was in effect from the day the Product was first offered for sale until the day the discount was introduced.
7. Orders can be placed:
   1. via the website using the Order Form (4HFT.PL Shop) – available 24 hours a day, all year round,
   2. via email at: zamowienia@4hft.pl,
   3. by telephone at: 530396838.
8. In order to place an Order in the Shop, the Customer is not required to register an Account.
9. A condition for placing an Order by the Customer in the Shop is to familiarize oneself with the Terms and Conditions and accept their provisions at the time of placing the Order.
10. The Shop processes Orders placed from Monday to Friday during the Shop’s business hours, i.e., from 9:00 to 17:00 on business days and from 9:00 to 17:00 on Saturdays. Orders placed on business days after 17:00, on Saturdays, Sundays, and holidays will be processed on the next business day.
11. Products on promotion (sale) are available in limited quantities, and Orders for them will be processed in the order they are received until the available stock of the Product is exhausted.

IV. CONCLUSION OF THE SALES AGREEMENT

1. In order to conclude a Sales Agreement, it is necessary for the Customer to first place an Order using the methods provided by the Seller, in accordance with § 3 points 6 and 8.
2. Upon placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of acceptance of the Order for processing binds the Customer to the Order. Such confirmation is given by sending an email.
4. The confirmation of acceptance of the Order for processing includes:
   1. confirmation of all essential elements of the Order,
   2. a withdrawal form,
   3. these Terms and Conditions containing information about the right to withdraw from the contract.
5. Upon receipt of the email referred to in point 4, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed by a proof of purchase (receipt or invoice upon the Customer’s request), which will be included with the Product and/or sent by email to the Customer’s email address provided in the Order Form.

V. METHODS OF PAYMENT

1. The Seller provides the following methods of payment:
   1. payment by traditional bank transfer to the Seller’s bank account,
   2. payment on delivery (cash on delivery).
2. In the case of payment by traditional bank transfer, the payment should be made to the bank account number: 48 1950 0001 2006 0024 6236 0001 (Bank Pekao SA) for 4HFT Krzysztof Kowalczyk, ul. Podhalańska 9/41, 41-907 Bytom, NIP: 6263015829. In the transfer title, “Order No. ........” must be entered.
3. In the case of payment on delivery, the shipment is dispatched after verifying the correctness of the address details.
4. In the case of payment via electronic payment services, the Customer makes the payment before the Order is processed. Electronic payment services allow payment by credit card or instant bank transfer from selected Polish banks.
5. The Customer is obliged to make payment for the Sales Agreement within 5 Business Days from the day of its conclusion, unless the Sales Agreement provides otherwise.
6. If payment by traditional bank transfer is chosen, the Product will be shipped only after it has been paid for.

VI. COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY

1. The delivery costs of the Product are determined during the Order placement process and depend on the chosen payment method and delivery method of the purchased Product.
2. The delivery time for the Product consists of the time required to prepare the Product and the delivery time by the carrier:
   1. The time to prepare the Product is between 2 and 10 business days.
   2. Delivery by the carrier occurs within the period declared by the carrier, i.e., from 2 to 5 business days (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).
3. Products purchased in the Shop are shipped via InPost parcel lockers or by a courier company.
4. The Customer may collect the Product in person after prior telephone or email arrangement.

VII. PRODUCT COMPLAINT

• Complaint under warranty.
  1. All Products offered in the Shop carry the manufacturer’s warranty valid in the territory of the Republic of Poland.
  2. The warranty period for Products is 24 months, counted from the day the Product is delivered to the Customer.
  3. The proof of purchase (receipt or invoice) is the document entitling the Customer to warranty protection.
  4. The warranty does not affect the rights of the Consumer or the entities referred to in § 10 of these Terms arising from statutory warranty for physical and legal defects of the Product, as defined in the Civil Code.
• Complaint under statutory warranty.
  1. The basis and scope of the Seller’s liability towards the Customer, being a Consumer or the entity referred to in § 10 of these Terms, under statutory warranty covering physical and legal defects are determined by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
  2. Notices regarding defects of the Product and submission of the corresponding claim may be made via email at: reklamacja@4hft.pl or in writing to: ul. Podhalańska 9/41, 41-907 Bytom.
  3. The written or electronic notice should include as much information and detail as possible regarding the subject of the complaint, particularly the type and date of the defect and contact details. This information will greatly facilitate and expedite the processing of the complaint by the Seller.
  4. For the evaluation of the physical defects of the Product, it must be delivered to the address: ul. Podhalańska 9/41, 41-907 Bytom.
  5. The Seller will respond to the Customer’s claim promptly, no later than within 14 days.
  6. In the case of a claim by a Customer who is a Consumer or the entity referred to in § 10 of these Terms – failure to resolve the claim within 14 days shall be deemed acceptance of the claim. In the event of a justified claim by such a Customer, the Seller will cover the costs of collection, delivery, and replacement of the defect-free Product.
  7. The Customer may initially request replacement or repair of the Product by the Seller. A price reduction or withdrawal from the contract may only be requested by the Customer in the cases specified in the Act on Consumer Rights of May 30, 2014 (e.g., if the non-conformity of the goods with the contract is significant, if the Seller refuses to bring the goods into conformity with the contract, or if the non-conformity persists despite the Seller’s attempts to remedy it).
  8. In connection with a justified claim by a Customer who is a Consumer or the entity referred to in § 10 of these Terms, the Seller will, as appropriate:
     1. cover the costs of replacement and re-delivery of the Product,
     2. cover the costs of repair and re-delivery of the Product,
     3. reduce the price of the Product (with the reduced price remaining proportional to the price of the conforming product compared to the non-conforming product) and refund the Consumer or the entity referred to in § 10 the amount corresponding to the price reduction no later than 14 days after receiving a valid statement from the Consumer or the said entity regarding the price reduction,
     4. in the event of a valid withdrawal from the contract by the Consumer or the entity referred to in § 10 – refund the price of the Product no later than 14 days from the day the returned product or proof of its return is received. In the event of withdrawal from the contract, the Consumer or the entity referred to in § 10 is obliged to promptly return the product to the Seller at the Seller’s expense,
  9. The Seller’s response to the complaint will be provided to the Consumer on paper or on another durable medium.

VIII. RIGHT TO WITHDRAW FROM THE CONTRACT

1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or the entity referred to in § 10 of these Terms, having concluded a distance contract, may withdraw from it without giving any reason by submitting the appropriate written statement within 14 days. It is sufficient to send the withdrawal statement provided by the Shop to meet this deadline. The withdrawal statement can be generated via the document generator available HERE.
2. In the event of withdrawal from the contract, the Sales Agreement is considered not to have been concluded, and the Consumer or the entity referred to in § 10 of these Terms is released from all obligations. Whatever has been provided by the parties is returned in an unchanged condition, unless a change was necessary within the limits of normal management. The refund should be made promptly, no later than within 14 days.
3. In the event of withdrawal from the Sales Agreement, the Product must be returned to the address: ul. Podhalańska 9/41, 41-907 Bytom.
4. The Consumer or the entity referred to in § 10 of these Terms is responsible for any diminution in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
5. The Seller will refund the price of the Product along with its delivery costs using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 of these Terms expressly agrees to another refund method that does not incur any costs for them.
6. If the Consumer or the entity referred to in § 10 of these Terms has chosen a delivery method for the Product other than the cheapest standard delivery offered by the Shop, the Seller is not obliged to refund any additional costs incurred by the Consumer.
7. If the Seller has not offered to collect the Product from the Consumer or the entity referred to in § 10 of these Terms, the Seller may withhold the refund of the payment received until the Product is returned or until the Consumer or the said entity provides proof of its return, whichever occurs first.
8. The Consumer or the entity referred to in § 10 of these Terms withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the cost of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer or the entity referred to in § 10 of these Terms may withdraw from the contract is counted from the day the Consumer or the said entity takes possession of the Product, and in the case of a service, from the day of conclusion of the contract.
10. The right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in § 10 of these Terms in the case of a Sales Agreement:
    1. in which the subject matter is a non-standardized product produced according to the Consumer’s specifications or intended to meet their individualized needs,
    2. in which the subject matter is a product delivered in a sealed package that cannot be returned once the package has been opened due to health protection or hygiene reasons, if the package has been opened after delivery.
11. The right to withdraw from a Sales Agreement is granted to both the Seller and the Customer (Consumer) in the event that the other party fails to fulfill its obligation within the strictly specified deadline.

IX. PROVISIONS REGARDING ENTREPRENEURS (B2B)

1. This paragraph contains provisions exclusively for entrepreneurs who are not covered by the protection provided by the Act on Consumer Rights referred to in § 10 of these Terms.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 Business Days from the day of its conclusion. In this case, withdrawal from the Sales Agreement may occur without giving any reason and does not give rise to any claims by the non-Consumer Customer against the Seller.
3. The Seller has the right to restrict the payment methods made available to non-Consumer Customers, including requiring a prepayment of part or the entire sale price, regardless of the payment method chosen by the Customer and irrespective of the conclusion of the Sales Agreement.
4. The benefits and risks associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the non-Consumer Customer upon the Seller handing the Product over to the carrier. In such a case, the Seller is not responsible for any loss, shortage, or damage to the Product occurring from the moment it is accepted for transportation until it is handed over to the Customer, nor for any delay in shipment.
5. If the Product is sent to the Customer via a carrier, the non-Consumer Customer is obliged to inspect the shipment in a timely and customary manner. If it is determined that a loss or damage occurred during transportation, the Customer is obliged to take all necessary steps to establish the carrier’s liability.
6. The Service Provider may terminate the electronic service agreement with the non-Consumer Service User immediately and without stating any reason by sending a termination notice.

X. PROVISIONS REGARDING ENTREPRENEURS UNDER CONSUMER LAWS

1. An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided by the Act on Consumer Rights, provided that the Sales Agreement concluded with the Seller is not of a professional nature.
2. An entrepreneur referred to in point 1 of this paragraph is protected only in respect of:
       1. unfair contractual terms – so-called abusive clauses,
       2. liability under statutory warranty for physical and legal defects of the Product, in accordance with § 7 of these Terms,
       3. the right to withdraw from a distance contract, in accordance with § 8 of these Terms.
3. An entrepreneur referred to in point 1 of this paragraph loses the rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified based on the entrepreneur’s registration in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided to Consumers by the county (municipal) consumer ombudsmen or the President of UOKiK.

XI. TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider enables, through the Shop, the use of an Electronic Service consisting of concluding Product Sales Agreements and the use of the Newsletter.
2. The provision of the Electronic Service to Service Users via the Shop is carried out on the terms specified in these Terms.
3. The Service Provider has the right to display advertising content on the Shop’s website. Such content forms an integral part of the Shop and the materials presented therein.

XII. TERMS OF PROVISION AND CONCLUSION OF ELECTRONIC SERVICE AGREEMENTS

1. The provision of the Electronic Service specified in § 10 point 1 of these Terms by the Service Provider is free of charge.
2. The duration for which the agreement is concluded:
   1. the agreement for the provision of the Electronic Service enabling the placement of an Order in the Shop is concluded for a fixed term and terminates upon the placement of an Order or the cessation of placing Orders by the Service User;
   2. the agreement for the provision of the Electronic Service consisting of using the Newsletter is concluded for an indefinite period.
3. The technical requirements necessary to cooperate with the IT system used by the Service Provider:
   1. a computer with Internet access,
   2. access to email,
   3. a web browser,
   4. enabling Cookies and Javascript in the web browser.
4. The Service User is obliged to use the Shop in a manner that complies with the law and good customs, with due regard for the respect of personal rights and intellectual property rights of third parties.
5. The Service User is obliged to enter data that is factual.
6. The Service User is prohibited from providing content of an unlawful nature.

XIII. COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

1. Complaints related to the provision of Electronic Services via the Shop may be submitted by the Service User via email to: reklamacja@4hft.pl.
2. In the above email, the Service User should provide as much information and detail as possible regarding the subject of the complaint, in particular the type and date of the defect and contact details. The information provided will greatly facilitate and expedite the processing of the complaint by the Service Provider.
3. The Service Provider will consider the complaint promptly, no later than within 14 days.
4. The Service Provider’s response regarding the complaint will be sent to the email address provided by the Service User in the complaint submission or by another method specified by the Service User.

XIV. INTELLECTUAL PROPERTY

1. All content posted on the website at https://4hft.pl/ is protected by copyright and (subject to § 13 point 3 and the elements used under license) is the property of Krzysztof Kowalczyk conducting business under the name 4HFT KRZYSZTOF KOWALCZYK, with the place of business and mailing address: ul. Podhalańska 9/41, 41-907 Bytom, NIP: 6263015829, REGON: 367240984. The Service User bears full responsibility for any damage caused to the Service Provider as a result of using any content from the website https://4hft.pl/ without the Service Provider’s consent.
2. Any use by any party, without the explicit written consent of the Service Provider, of any of the elements constituting the content of the website https://4hft.pl/ constitutes an infringement of the Service Provider’s copyright and will result in both civil and criminal liability.
3. All trade names, Product names, company names, and their logos used on the Shop’s website at https://4hft.pl/ belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photographs presented on the Shop’s website at https://4hft.pl/ are provided for informational purposes only.

XV. FINAL PROVISIONS

1. Agreements concluded through the Shop are governed by Polish law.
2. In the event that any part of these Terms and Conditions is inconsistent with applicable law, the applicable provisions of Polish law shall apply in place of the disputed provision.
3. Any disputes arising from Sales Agreements between the Shop and Consumers shall be settled, in the first instance, through negotiations aimed at an amicable resolution of the dispute, taking into account the Act on Out-of-Court Settlement of Consumer Disputes. However, if this is not possible or is unsatisfactory to either party, disputes shall be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Service User (Customer) who is also a Consumer shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
5. The Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the conclusion of the complaint procedure, an application to initiate mediation or an application for the dispute to be examined by an arbitration court (the application can be downloaded from the website https://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: https://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also use the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court enforcement of claims after the conclusion of the complaint procedure is free of charge.
6. In order to amicably resolve a dispute, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr/.