Sales Terms and Conditions
SNIPERCAM LIMITED LIABILITY COMPANY ONLINE SALES TERMS AND CONDITIONS
These Terms and Conditions set out the rules governing sales through the online store operated by SNIPERCAM sp. z o.o. and the rules for the provision of electronic services related to the store.
§ 1. Seller and Contact Details
1. SNIPERCAM spółka z ograniczoną odpowiedzialnością, with its registered office in Olkusz (address: ul. Króla Kazimierza Wielkiego 63, 32-300 Olkusz, Poland), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS No. 0001043355, NIP (Tax Identification Number): 6372221887, REGON: 525673327, with a share capital of PLN 45,000.00, is the seller and service provider, hereinafter referred to as the “Seller” or “SniperCam”.
2. The Seller may be contacted by e-mail at kontakt@snipercam.pl, by telephone at the numbers indicated in the store, or by post at the address of its registered office.
3. These Terms and Conditions are made available free of charge in a manner enabling them to be obtained, reproduced and stored. The Customer should review them before placing an order.
§ 2. Definitions
1. Customer – a natural person, legal person or organisational unit placing an order.
2. Consumer – a natural person entering into a transaction which is not directly related to their business or professional activity.
3. Entrepreneur with Consumer Rights – a natural person entering into an agreement directly related to their business activity where the content of the agreement indicates that it is not of a professional nature for that person.
4. Professional Customer – a Customer who is neither a Consumer nor an Entrepreneur with Consumer Rights, in particular an entrepreneur, shooting range, club or association.
5. Goods – equipment, accessories, targets or any other product offered in the store, including goods with digital elements.
6. Portal – the SniperCam online portal and related functionalities used in particular for managing and analysing shooting sessions.
§ 3. Technical requirements and account
1. In order to use the store, the Customer requires a device with Internet access, an up-to-date web browser, an active e-mail address and, in the case of electronic payments, a payment instrument supported by the payment provider.
2. Purchases may be made with or without an account. Creating an account is voluntary. The store account is not linked to the Portal account.
3. The Customer is required to provide true, current and complete data and to protect their access credentials. It is prohibited to provide unlawful content, attempt to compromise the security of the store or use the store in a manner that disrupts its operation.
§ 4.Placing Orders and Conclusion of the Agreement
1. Information concerning Goods, prices and availability presented in the store constitutes an invitation to submit offers and does not constitute an offer within the meaning of the Polish Civil Code.
2. The Customer selects the Goods, delivery method and payment method, completes the required information, reviews the Terms and Conditions and places the order using a button clearly indicating the obligation to pay.
3. Placing an order constitutes an offer to conclude an agreement. An automatic confirmation of receipt of the order does not constitute acceptance of the order.
4. The sales agreement is concluded when the full price is credited to the Seller’s bank account and the Customer is sent confirmation that the order has been accepted for processing. If such confirmation is sent earlier, the agreement is concluded when the full price is credited to the Seller’s bank account.
5. The Seller may refuse to accept an order for a justified reason, in particular due to unavailability of the Goods, an obvious pricing error, failure to make payment or a justified suspicion of abuse or fraud. The Customer will be promptly informed of the refusal and any payment received will be refunded.
6. The Customer may cancel the order until the shipment has been dispatched by contacting the Seller. This right does not restrict the Consumer’s statutory right of withdrawal.
§ 5. Prices, Payments and Invoices
1. Prices are stated in PLN and, in consumer sales, as gross prices including applicable taxes, unless the store expressly indicates otherwise. The price of the Goods does not include delivery costs outside Poland or import duties and charges.
2. Available payment methods and the payment provider are indicated during the ordering process. Electronic payments are processed by PayU S.A.
3. Invoices are issued by the Seller based on the information provided by the Customer. The Customer should provide invoice details no later than when placing the order.
4. In the case of a price reduction, the Seller provides the lowest price of the Goods applicable during the 30 days preceding the reduction or, if the Goods have been offered for less than 30 days, the lowest price applicable since they were first offered.
§ 6. Order Processing and Delivery
1. Orders are processed as soon as reasonably possible, but no later than within 12 business days from the date on which the full price is credited, unless a different time limit is specified for the Goods or individually agreed with the Customer.
2. In the event of an exceptionally high volume of orders or another obstacle beyond the Seller’s control, the Seller may propose an extension of the processing period. The Customer will be informed before expiry of the original period and may either accept the new deadline or cancel the order and receive a refund of all payments made.
3. Delivery within Poland is free of charge for orders exceeding PLN 1,000. Delivery costs to another country are displayed in the store before the order is placed and are added to the price.
4. A Customer located outside the European Union is the importer of the Goods in the country of destination and is responsible for customs duties, import taxes, customs agency fees and any other charges required under the laws of that country. Such charges are not part of the price payable to the Seller.
5. The Customer is required to provide the correct delivery address, contact details and, where required, information necessary for customs clearance. The Customer bears the consequences of delays or returns caused by incorrect information or refusal to pay import charges, subject to mandatory consumer protection laws.
§ 7. Loss of or Damage to a Shipment
1. The Seller bears the risk of accidental loss of or damage to the shipment until it is received by the Customer or by a third party designated by the Customer. This rule also applies to Professional Customers unless expressly agreed otherwise in an individually negotiated agreement.
2. Where possible, the Customer should inspect the condition of the shipment upon receipt. In the event of visible damage, it is recommended that the Customer refuse delivery or prepare a damage report together with the carrier, take photographs of the packaging, label and Goods and promptly send them to the Seller.
3. Damage that was not visible upon receipt should be reported to the Seller promptly after being discovered. The Seller may request that the Customer retain the packaging and cooperate in pursuing claims against the carrier.
4. Failure to prepare a damage report or a later notification does not deprive a Consumer of their statutory rights. A Professional Customer should inspect the shipment upon receipt and, in the event of visible damage, prepare a damage report together with the carrier and retain photographic documentation. Failure to prepare such a report may make it more difficult to prove the time and cause of the damage, but does not exclude the Seller’s liability if the Professional Customer proves that the damage occurred before the risk of loss of or damage to the Goods passed to them.
§ 8. Right of Withdrawal
1. A Consumer and an Entrepreneur with Consumer Rights may withdraw from a distance agreement without giving any reason within 14 days from taking possession of the Goods. Where Goods under a single order are delivered separately, the withdrawal period begins upon receipt of the last item, batch or part.
2. A withdrawal statement may be submitted using the “Withdraw from Agreement” function available in the store, by e-mail to the Seller or in writing. The Customer may use the form constituting Appendix No. 1, but use of the form is not mandatory. The Seller will promptly confirm receipt of a withdrawal statement submitted electronically.
3. The Goods must be returned no later than within 14 days from submission of the withdrawal statement to the following address: Bazyliowa 4/4, 51-180 Wrocław, Poland. The deadline is met if the Goods are dispatched before it expires.
4. The direct cost of returning the Goods following withdrawal from the agreement is borne by the Customer, irrespective of the country from which the return is made. In the case of returns from outside Poland, the Customer also bears customs duties, taxes and other charges relating to the return shipment and should mark the shipment in accordance with the Seller’s instructions in order to avoid import charges being imposed again.
5. The Seller shall reimburse the Consumer for all payments received, including the cost of the least expensive standard delivery method offered by the Seller, promptly and no later than within 14 days from the date on which the Seller receives the withdrawal statement. Reimbursement shall be made using the same payment method used by the Consumer unless the Consumer expressly agrees to another method that does not incur any costs for them. If the Seller has not offered to collect the Goods itself, it may withhold reimbursement until it receives the Goods or until proof of their return shipment is provided, whichever occurs first.
6. The entire set received must be returned, including all components and accessories. The Consumer may inspect the Goods to the extent necessary to establish their nature, characteristics and functioning. The Consumer is liable for any diminished value resulting from use exceeding what is necessary for this purpose. The absence of the original packaging does not in itself exclude the right of withdrawal, but may affect liability for diminished value if it resulted in damage to or a reduction in the value of the Goods.
7. The right of withdrawal does not apply in statutory cases, in particular with respect to non-prefabricated Goods manufactured according to the Consumer’s specifications.
8. A Professional Customer may return non-defective Goods only with the Seller’s prior consent given at least by e-mail. The terms of such a return shall be agreed individually.
§ 9. Consumer Complaints – Conformity of Goods with the Agreement
1. The Seller is liable towards Consumers and Entrepreneurs with Consumer Rights for a lack of conformity of the Goods with the agreement existing at the time of delivery and disclosed within two years from that date, in accordance with the Polish Consumer Rights Act.
2. A complaint may be submitted by e-mail or in writing. Use of the complaint form is optional. It is recommended that the Customer provide contact details, the order number, a description of the problem, the time when it was discovered and the remedy requested.
3. The Customer may request repair or replacement, subject to the exceptions provided for by law. A price reduction or withdrawal from the agreement is available in circumstances provided for by law. The Customer may not withdraw from the agreement where the lack of conformity is insignificant.
4. The Seller shall respond to a Consumer complaint within 14 days from receipt. Repair or replacement shall be carried out within a reasonable time and without excessive inconvenience, taking into account the nature of the Goods and the purpose for which they were purchased.
5. The Consumer shall make the Goods subject to repair or replacement available to the Seller, and the Seller shall collect them at its own expense. The costs of repair or replacement, including postage, transport, labour and materials, are borne by the Seller. The method of collection or free return of the Goods shall be agreed with the Consumer after receipt of the complaint.
§ 10. Complaints by Professional Customers
1. In relation to Professional Customers, statutory warranty liability for defects under the Polish Civil Code is excluded to the fullest extent permitted by law. The exclusion is ineffective if the Seller fraudulently concealed the defect.
2. A Professional Customer should inspect the Goods promptly after delivery and notify the Seller of any discovered defect without undue delay, describing the defect and providing any available documentation.
3. The Seller’s liability towards a Professional Customer, irrespective of the legal basis, is limited to actual loss and the net value of the Goods concerned by the event. The Seller shall not be liable for lost profits, indirect losses or business interruption unless the damage was caused intentionally or such limitation is prohibited by law.
§ 11. SniperCam Commercial Warranty
1. The Seller is the warrantor. The warranty constitutes an additional undertaking and does not exclude, restrict or suspend the Consumer’s statutory rights arising from a lack of conformity of the Goods with the agreement.
2. The warranty period is 24 months for Consumers and Entrepreneurs with Consumer Rights within the EU and 12 months for Professional Customers and customers outside the EU, calculated from the date on which the Goods are delivered.
3. The warranty covers the camera, tablet supplied by SniperCam, power bank, LongRange device, antenna, tripod, cables and power supplies included in the set in respect of material, manufacturing and assembly defects arising under proper use.
4. If a warranty claim is accepted, the Warrantor shall, at its discretion, repair the Goods free of charge, replace the defective component or replace the Goods. The warranty service shall be performed within a reasonable period, generally within 30 days from receipt of the Goods and the information necessary for diagnosis, unless the nature of the repair or availability of parts justifies a longer period, of which the Customer will be informed.
5. The warranty does not cover damage caused by being shot, impact, dropping, flooding, fire, incorrect installation, incorrect voltage or power supply, modifications, repairs performed by an unauthorised person, use contrary to the instructions or normal wear and tear. Natural deterioration of battery or power bank capacity does not constitute a warranty defect.
6. Warranty claims should be submitted to the Seller’s e-mail address. The Customer should describe the problem, provide purchase details and, where possible, attach photographs or a video recording. The method of sending the Goods must be agreed with the Seller. If the claim is covered by the warranty, reasonable costs of delivering the Goods to the Warrantor and returning them to the Customer shall be borne by the Warrantor following acceptance of the claim.
§ 12. Application, Portal and Updates
1. Where the Goods contain or are connected to an application, the Customer is granted a non-exclusive, non-transferable licence to use it in accordance with its intended purpose, the Portal Terms and Conditions and the instructions. The scope of available functions may depend on the type of Goods, original targets, application version and Internet access.
2. The Seller provides updates required to maintain conformity of the Goods with digital elements for the period resulting from the agreement and applicable law. The Customer should install available updates within a reasonable period after being informed of their availability and the consequences of failing to install them.
§ 13. Intellectual Property Rights
1. The store, Portal, application, software, documentation, photographs, videos, graphics, targets and SniperCam designations are protected under applicable laws. Purchase of the Goods does not transfer any intellectual property rights except to the extent expressly granted under a licence.
2. The target design is registered with EUIPO as European Union Design No. 015036843-0001, and the appearance of the SniperCam logo is registered as European Union Design No. 015036843-0002.
3. Copying, scanning, reproducing, printing, distributing or placing copies of protected targets on the market without the consent of the rights holder is prohibited, except where permitted by law. Removing legal notices, circumventing safeguards and decompiling software is also prohibited except to the extent mandatorily permitted by law.
4. Original targets may serve as a means of authorisation to use certain shot detection and image rectification functions. Detailed rules are set out in the Portal Terms and Conditions.
§ 14. Sales Outside the European Union
1. In the case of sales outside the EU, the agreement is governed by Polish law, subject to mandatory consumer protection rights arising under the law of the Consumer’s country of habitual residence where applicable.
2. The Customer is responsible for verifying compliance of the import and use of the Goods with the laws of the country of destination and for paying all import duties and charges. The Seller provides standard export documentation but does not act as the Customer’s customs adviser.
§ 15. Complaints Concerning Electronic Services
Complaints concerning operation of the store or account may be submitted to the Seller’s e-mail address. The Customer should describe the problem, the date on which it occurred and the expected solution. The Seller shall respond without undue delay and no later than within 14 days.
§ 16. Disputes and Final Provisions
1. Agreements are governed by Polish law. This choice of law does not deprive the Consumer of protection granted by provisions which cannot be contractually excluded and which apply under the law of the Consumer’s place of habitual residence.
2. A Consumer may use out-of-court complaint handling and dispute resolution procedures, including by applying to the competent Provincial Inspectorate of the Trade Inspection Authority, a Permanent Consumer Arbitration Court operating at the Trade Inspection Authority, or a district or municipal consumer ombudsman. Information on available procedures is available on the website of the Polish Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
3. Disputes with a Professional Customer shall be resolved by the court having territorial jurisdiction over the Seller’s registered office. This provision does not apply to Consumers or Entrepreneurs with Consumer Rights to the extent covered by consumer protection legislation.
4. These Terms and Conditions have been drawn up in Polish. Translations are provided for convenience only; in relations with Consumers, the Polish-language version shall prevail only to the extent that this does not infringe applicable law or transparency requirements.
5. Amendments to these Terms and Conditions do not affect orders placed before the amendments enter into force. Amendments concerning continuous services shall be communicated with appropriate advance notice and with a right of termination where required by law or by the nature of the amendment.