Terms of service

Online Store Terms and Conditions

I. Definitions

Terms used in these Terms and Conditions mean:

1. Customer — a natural person, legal entity, or organisational unit without legal personality to which special provisions grant legal capacity, who places an Order through the Store.
2. Consumer — within the meaning of Art. 22[1] of the Polish Civil Code (and, for EU customers, within the meaning of EU Directive 2011/83/EU), a natural person performing a legal transaction with a trader that is not directly related to their business or professional activity.
3. Civil Code — the Polish Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
4. Terms and Conditions — these Terms and Conditions setting out the general terms of sale and the rules for providing electronic services through the Wild Fish Stories online store.
5. Online Store — the website available at https://wildfishstories.com, through which the Customer may, in particular, place Orders.
6. Goods — products presented in the Online Store.
7. Sales Contract — a contract for the sale of Goods within the meaning of the Civil Code, concluded between Wild Fish Stories and the Customer using the Store's website.
8. Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
9. Act on the Provision of Electronic Services — the Polish Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended).
10. Order — a declaration of intent by the Customer, aimed directly at concluding a Sales Contract, specifying in particular the type and quantity of Goods.

II. General Provisions

These Terms and Conditions set out the rules for using the online store available at https://www.wildfishstories.com.

1. These Terms and Conditions constitute the terms and conditions referred to in Art. 8 of the Act on the Provision of Electronic Services.
2. The Wild Fish Stories online store, operating at https://www.wildfishstories.com, is run by Wild Fish Stories Sp. z o.o. (a Polish limited liability company), Makowa 1, 02-991 Warsaw, Poland.
   EU VAT Number: PL9512630275
   Company Registration No. (REGON): 542766403
   Company Registration No. (KRS): 0001194955
3. These Terms and Conditions set out, in particular:
   • the rules for registering and using an account within the Online Store,
   • the terms and conditions for placing Orders electronically through the Online Store,
   • the rules for concluding Sales Contracts using the services provided through the Online Store.
4. To use the Online Store, the Customer must independently obtain access to a computer workstation or end device with internet access.
5. In accordance with applicable law, Wild Fish Stories reserves the right to restrict the provision of services through the Online Store to persons who have reached the age of 18. In such a case, potential Customers will be notified accordingly. We do not knowingly allow minors to place orders directly.
6. Customers may access these Terms and Conditions at any time via the link available on the homepage of https://wildfishstories.com, and may download and print them.
7. Prices are displayed in EUR for customers ordering delivery to an EU country, and in PLN for customers ordering delivery to Poland, based on the delivery address provided.

III. Rules for Using the Online Store

1. Registration within the Online Store is optional. The Customer may place an Order without registering, after reviewing and accepting these Terms and Conditions.

   Registration is completed by filling in and accepting the registration form made available on one of the Store's pages. Registration requires consent to these Terms and Conditions and the provision of personal data marked as mandatory. Wild Fish Stories may deprive the Customer of the right to use the Online Store, or restrict their access to part or all of the Online Store's resources, with immediate effect, in the event of a breach of these Terms and Conditions by the Customer, in particular where the Customer:

   • provided false, inaccurate, or outdated data during registration that is misleading or infringes the rights of third parties,
   • infringed the personal rights of third parties through the Online Store, in particular the personal rights of other Customers of the Online Store,
   • engaged in other conduct deemed by Wild Fish Stories to be inconsistent with applicable law or the general rules of using the Internet, or harmful to the good name of Wild Fish Stories.

   A person deprived of the right to use the Online Store may not re-register without the prior consent of Wild Fish Stories.

2. In order to ensure the security of the transmission of messages and data in connection with the services provided through the website, the Online Store takes technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent the unauthorised acquisition and modification of personal data transmitted over the Internet.
3. The Customer is obliged in particular to:
   • use the Online Store in a manner consistent with applicable Polish law, the provisions of these Terms and Conditions, and the general rules for using the Internet,
   • refrain from supplying or transmitting content prohibited by law, e.g. content promoting violence, defamatory content, or content infringing the personal rights or other rights of third parties,
   • use the Online Store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
   • refrain from actions such as sending or posting unsolicited commercial information (spam) within the Online Store,
   • use the Online Store in a manner that is not burdensome for other Customers or for Wild Fish Stories,
   • use any content posted within the Online Store solely within the scope of personal use.

IV. Procedure for Concluding a Sales Contract

1. To conclude a Sales Contract through the Online Store, go to https://wildfishstories.com and select Goods by taking successive technical steps based on the messages and information displayed to the Customer on the website.
2. The Customer selects ordered Goods by adding them to the basket.
3. While placing an Order — until the button confirming the placement of the Order is pressed — the Customer may modify the entered data and the selected Goods. To do this, follow the messages and information displayed to the Customer on the website.
4. After the Customer using the Online Store has provided all necessary data, a summary of the Order placed will be displayed. The Order summary will include, among other things, a description of the selected goods or services, the total price, and all other costs.
5. To send the Order, it is necessary to accept the content of these Terms and Conditions, provide personal data marked as mandatory, and press the button confirming the placement of the Order. The button shall be clearly labelled "Order with obligation to pay" or an equivalent unambiguous wording.
6. Information about Goods provided on the Online Store's website constitutes an offer within the meaning of Art. 66 of the Civil Code. Sending an Order by the Customer constitutes a declaration of intent to conclude a Sales Contract with Wild Fish Stories, in accordance with these Terms and Conditions. The contract is deemed concluded at the moment the Customer's Order is received by the Online Store's IT system, provided the Order complies with these Terms and Conditions. After the contract is concluded, the Customer receives an email confirming all material elements of the Order.
7. The Sales Contract is concluded in the language in which the Order was placed (Polish or English), in accordance with the content of these Terms and Conditions.
8. Order data and these General Terms and Conditions are recorded, secured, and made available via email. You may view your previous orders within your account, after logging in.

V. Delivery

1. We deliver Goods to addresses in Poland, the European Union, and other regions as indicated at checkout, to the address specified by the Customer when placing the Order.
2. Delivery of ordered Goods is carried out via postal or courier services, depending on the Customer's choice. Each product includes information about its processing time. The stated processing time does not include shipping time. Processing time is counted from the date the order is placed. The stated processing time takes into account business days from Monday to Friday, excluding Saturdays and statutory public holidays.

   Shipping costs will be specified each time during the order placement process, before confirmation by the Customer. Shipping costs are affected both by the ordered goods (size, weight) and the destination (domestic shipping, shipping within the European Union, or other regions of the world).

3. The maximum order fulfilment time is 30 days from the date the order is placed.
4. Damage to Goods occurring during delivery.

   In the case of a consumer distance purchase, our Store always bears the risk of accidental damage to or loss of goods in transit. If goods are delivered with obvious damage that occurred during transport, please report such a defect to the carrier as soon as possible and contact us. A delay in reporting such a complaint or in contacting us has no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (Section VIII of these Terms and Conditions). Prompt reporting of damage noticed during transport helps us pursue our own claims against the carrier or transport insurer.

VI. Prices and Payment Methods

1. Prices of Goods are displayed in Polish złoty (for orders shipped within Poland) or euro (for orders shipped within the European Union) and include all components, including VAT, customs duties, and any other charges.
2. The Customer may pay the price via:
   • Payment card
   • BLIK (Poland only)
   • Przelewy24 (Poland only)
   • Apple Pay
   • Google Pay
   • Shopify Pay

VII. Right of Withdrawal from the Contract

Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you (or a third party other than the carrier indicated by you) acquire physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Wild Fish Stories Sp. z o.o., Makowa 1, 02-991 Warsaw, Poland, EU VAT Number: PL9512630275, Company Registration No. (KRS): 0001194955, email: store@wildfishstories.com, phone: +48 504 976 236) of your decision to withdraw from this contract by an unambiguous statement, using the return/complaint/exchange form available here.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay, and in any event no later than 14 days from the day we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.

We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent the goods back, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay, and in any event no later than 14 days from the day on which you communicated your withdrawal from this contract to us. The deadline is met if you send back the goods before the 14-day period has expired.

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what was necessary to establish the nature, characteristics, and functioning of the goods.

Exceptions

The right of withdrawal from a distance contract does not apply to a consumer in respect of:

1. a contract for goods which are liable to deteriorate or expire rapidly,
2. a contract for sealed audio or video recordings, or sealed computer software, which were unsealed by the consumer after delivery,
3. a contract for goods which, after delivery, are by their nature inseparably mixed with other items,
4. a contract for goods that are not prefabricated, manufactured according to the consumer's specifications, or intended to meet their individual needs,
5. a contract concluded at a public auction.

The right of withdrawal does not apply to transactions concluded with business entities (B2B).

MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

— Addressee: Wild Fish Stories Sp. z o.o., Makowa 1, 02-991 Warsaw, Poland, +48 504 976 236, store@wildfishstories.com

— I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) / contract for the supply of the following goods(*) / contract for work consisting of the following(*) / for the provision of the following service(*)

— Order placed on(*) / received on(*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this form is submitted on paper)

— Date

(*) Delete as applicable.

VIII. Complaints Regarding Goods

For Customers who are Consumers:

We are obliged to deliver goods free from defects. The statutory liability for defects of the goods sold (the "warranty for defects") applies to the extent set out in Art. 556 and Art. 556[1]–556[3] et seq. of the Civil Code, as well as, for EU customers, the EU Sales of Goods Directive 2019/771/EU, which provides for a minimum 2-year legal guarantee from the date of delivery.

If a defect appears within the first 12 months from delivery, it is presumed to have existed at the time of delivery, unless we prove otherwise. If a defect appears between 12 and 24 months, you may need to demonstrate that the defect results from a manufacturing fault rather than normal wear and tear or misuse.

Complaints may be submitted:

• in writing to: Wild Fish Stories Sp. z o.o., Makowa 1, 02-991 Warsaw, Poland.
• via email to: store@wildfishstories.com.
• or using the form available on the website.

When exercising rights under the warranty — if we consider it necessary for the assessment of the complaint — you are obliged to deliver the defective goods to the postal address indicated above, at our expense. If, due to the type of goods or the manner of their installation, delivery of the goods would be excessively difficult, you are obliged to make them available to us at the place where they are located. We undertake to respond to the complaint without undue delay, no later than within 14 days from the date of its submission.

We are liable under the warranty if a physical defect is found within two years from the date the goods were delivered to you. Where the subject of sale is a used movable item, liability under the warranty is one year from the date of delivery.

When submitting a complaint, it is recommended to: (1) provide information regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) specify the requested method of remedy (replacement of the goods, repair, price reduction, withdrawal from the contract — if the defect is material); and (3) provide contact details of the person submitting the complaint — this will facilitate and speed up the processing of the complaint by the Store. The above recommendations are non-binding guidelines and do not in any way affect the validity of complaints submitted without the recommended information.

For Customers who are not Consumers:

A buyer who is not simultaneously a Consumer loses warranty rights if they did not examine the goods within the time and in the manner customary for goods of this kind and did not promptly notify the seller of the defect, or, where the defect came to light later, if they did not notify the seller promptly after discovering it. If no notification of the defect is made, the goods are deemed accepted. The foregoing does not apply where we fraudulently concealed the defect. Complaints may be submitted in writing to the Store's address or electronically.

IX. Complaints Regarding the Provision of Electronic Services

1. Wild Fish Stories takes measures to ensure the fully correct operation of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remedy any irregularities reported by Customers within a reasonable time.
2. The Customer may notify us of any irregularities or interruptions in the functioning of the Online Store's website. Irregularities related to the functioning of the Store should be reported electronically to: store@wildfishstories.com.
3. When submitting a complaint regarding irregularities related to the functioning of the Online Store's website, please indicate the type and date of occurrence of the irregularity.
4. We undertake to respond to the complaint without undue delay, no later than within 14 days from the date of its submission.

X. Out-of-Court Methods of Handling Complaints and Pursuing Claims

1. We inform you that there are options available for out-of-court resolution of complaints and pursuit of claims. Using these options is voluntary and may only take place if both parties to the dispute agree to it.
   • As a Polish consumer, you may apply to the Trade Inspection for the initiation of out-of-court consumer dispute resolution proceedings regarding the concluded Sales Contract, in accordance with Art. 36 of the Polish Act of 15 December 2000 on the Trade Inspection.
   • As a Polish consumer, you may also apply to have the dispute regarding the concluded Sales Contract resolved by a permanent arbitration court operating at the relevant regional Trade Inspectorate, in accordance with Art. 37 of the same Act.
   • The European Commission also provides a platform for online dispute resolution between Consumers and Traders (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/
2. Detailed information regarding the resolution of consumer disputes, including the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, is available at the offices and websites of the regional Trade Inspectorates, and, for EU consumers, via the national European Consumer Centres.

XI. Final Provisions

1. The court competent to resolve disputes with Consumers is the court determined according to the applicable provisions of the Polish Code of Civil Procedure.
2. Resolution of any disputes arising between Wild Fish Stories and a Customer who is not a Consumer shall be submitted to the court with jurisdiction over our registered office.
3. Matters not regulated by these Terms and Conditions are governed by applicable Polish law, in particular the Polish Civil Code and the Polish Act on Consumer Rights, as well as, for consumers in the European Union, mandatory provisions of EU consumer protection law, including EU Directive 2011/83/EU and EU Directive 2019/771/EU. In the event of any conflict between these Terms and Conditions and the rights of Customers arising from mandatory generally applicable provisions, the mandatory generally applicable provisions of law shall prevail.