FLYSPOT / DEEPSPOT / SKYSPOT ONLINE STORE TERMS AND CONDITIONS

1. Subject Matter

These Terms and Conditions set out the rules for the operation of the Flyspot/Deepspot/Skyspot online store, placing orders for Products, delivery and payment of the price for Products, as well as the rules for submitting and handling complaints and the rights of Consumers to withdraw from Product Orders.

2. Definitions

Flyspot/Deepspot/Skyspot – FLYSPOT GROUP, a limited liability company with its registered office in Warsaw, 00-090, 75/26 Solidarności Ave., entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000821632, Tax ID (NIP): 5252533508. Contact Flyspot/Deepspot/Skyspot via email at [email protected] or [email protected], or by phone at 698626500; Customer – a natural person with full legal capacity, as well as a legal entity or an organizational unit without legal personality but possessing legal capacity;

Consumer – a natural person who purchases a Product for a purpose not directly related to their business or professional activity; Products – goods offered by Flyspot/Deepspot/Skyspot on the Website, including clothing, accessories, etc., as well as Vouchers; Registration – the process by which a Customer creates an account on the Website, containing the Customer’s data, used to identify the Customer on the Website and to place and fulfill Orders;

Website – the online store operated by Flyspot/Deepspot/Skyspot, available at sklep.flyspot.com and sklep.deepspot.com; Terms and Conditions – these terms and conditions setting forth the rules for the remote sale of Products;

Act – the Act of May 30, 2014, on Consumer Rights; Voucher – A product entitling the holder to use a service offered by Flyspot/Deepspot/Skyspot, including, in particular, a flight in a wind tunnel or flight simulator. Unless the Terms and Conditions provide for specific conditions regarding Vouchers, the provisions of the Terms and Conditions concerning Products shall apply to the rules governing their purchase by the Customer; Order – an order for a Product placed by the Customer on the Website.

3. Registration

Registration on the Website is completed by filling out the registration form available at sklep.flyspot.com and sklep.deepspot.com. After completing the form, the Customer will receive an email at the address provided in the form to confirm registration. In the email, the Customer will receive their registration details (username and password for accessing the account), which allow them to log in to the account. Logging in to the account for the first time activates the account. If the Customer loses their username or password, they can use the recovery procedure by clicking on the appropriate fields available on the Website.
During registration, the Customer is required to provide accurate information.
The Customer should keep their username and password confidential and protect them appropriately.
To the extent permitted by law, Flyspot/Deepspot/Skyspot shall not be liable for the consequences of the Customer providing incorrect or incomplete information, nor for the consequences of a third party using the Customer’s login and password.
Registration is not required to browse the Website’s offerings.
Purchases on the Website may be made by Customers who have previously registered, as well as by other Customers, provided they enter the appropriate information during the purchase process.

4. Ordering Products, Price, Payment Methods

To place an order for a Product, the Customer must have a computer with Internet access and a web browser (such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.) as well as an active email account.
The information provided on the Website does not constitute an offer within the meaning of the Civil Code, but merely an invitation to enter into a sales contract.
To place an Order, the Customer must select a Product or Products. Optionally, the Customer may specify additional requests when placing the Order, in accordance with the options available on the Website, including, in particular, a delivery address other than the Customer’s place of residence or business address, or a request to receive an invoice, etc.
When purchasing a Product, you must select the appropriate options described on the Website, such as size, color, etc. For Vouchers, you must select the type of Voucher based on the type and scope of the service you wish to purchase, and, if applicable, select additional options, such as the days of the week on which you can use the service covered by the Voucher.
The order is placed when the Customer clicks the “Order and Pay” button or another equivalent button.
Payment for Products can be made using the electronic payment methods available on the Website, including, in particular, through the Tpay service. The payment service is provided to the Customer by Krajowy Integrator Płatności S.A., with its registered office in Poznań (KRS 0000412357). Before making a payment, the Customer should review and accept the Tpay payment terms and conditions.
After placing an Order and paying for the Product, the Customer will receive an email at the address provided in the Customer’s account or during the Order placement process, containing confirmation of the Order.
The agreement between the Customer and Flyspot/Deepspot/Skyspot regarding the purchase of the Product is entered into for a fixed term during which the Parties shall perform their obligations under the agreement. The agreement may be terminated in accordance with the procedures and rules set forth in these Terms and Conditions, the Civil Code, and the Act. In the case of the purchase of Vouchers, the agreement also expires upon the expiration of the Voucher’s validity period, without any further claims by either Party. The Voucher’s validity period is specified on the Website and on the Voucher itself.
The subject of the sales agreement on the Website are the Products, whose main characteristics are listed on the Website. The prices of the Products listed on the Website include VAT or are shown as net and gross amounts in Polish zlotys. Before placing an Order, the delivery costs for the Product are also displayed on the Website, and after the Customer selects a delivery option, the Customer is informed of and accepts the final amount due, which consists of the gross price of the Product, the delivery cost, and any applicable financial service fees.

5. Delivery, Quality of Products

The processing time for an order for a product is up to 5 business days (Monday through Friday, excluding public holidays).
The product is shipped to the Customer via courier to the address provided by the Customer in the Order.
The provisions of paragraphs 1 and 2 do not apply to Vouchers for which the Customer selected the electronic delivery option (Electronic Voucher). Such Vouchers are sent electronically to the email address provided by the Customer immediately after payment for the Order has been made.
If, after placing an Order, it turns out that a Product is unavailable, Flyspot/Deepspot/Skyspot will notify the Customer via email and refund the amount paid by the Customer. If certain Products listed in the Order are unavailable, or if a Product can be delivered but only after a longer period than that specified in paragraph 1, the Customer may decide to cancel part or all of the Order.
Flyspot/Deepspot/Skyspot ships Products only to recipients within Poland. If you wish to order Products for delivery abroad, please contact Flyspot/Deepspot/Skyspot. This restriction does not apply to products sold in digital format.
In the event of damage to the shipment, it is recommended that you complete a damage report, which will facilitate the pursuit of any claims.
Flyspot/Deepspot/Skyspot undertakes to deliver Products free from defects.
In the event of physical defects in the Product:
i. if the Customer is a Consumer—Flyspot/Deepspot/Skyspot is liable to the Customer in accordance with the Terms and Conditions, the Civil Code, and the Act. In particular, Flyspot/Deepspot/Skyspot is liable to the Consumer under the warranty, in accordance with the Civil Code;
ii. If the Customer is not a Consumer, in the event of a defect in the Product, Flyspot/Deepspot/Skyspot undertakes—at its discretion—to replace the Product with one free of defects or to refund the price paid by the Customer for the defective Product (to rescind the contract). In all other respects, Flyspot/Deepspot/Skyspot’s liability for physical defects in the Product, including, in particular, liability under the warranty, is excluded.
In the event of legal defects in the Product, the provisions of the Civil Code shall apply.

6. Withdrawal from the Contract

Subject to Art. 7 para. 4 of the Terms and Conditions, a Customer who is a Consumer has the right to withdraw from the Product purchase agreement without giving any reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 para. 2 and Art. 35 of the Act, within 14 days from the date of receiving the Products. To meet the deadline, it is sufficient to send a statement of withdrawal from the agreement before it expires.
The statement of withdrawal from the agreement can be sent by traditional post or by email to [email protected] or [email protected].
The customer may use the following contract cancellation form:
1. To: FLYSPOT GROUP Spółka z ograniczoną odpowiedzialnością, 00-090 Warsaw, Al. Solidarności 75/26, email: [email protected] or [email protected]
2. I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following items: _________________
3. Date of contract conclusion(*)/receipt(*)
4. First and last name(s) of the Consumer(s)
5. Address of the Consumer(s)
6. Signature of the Consumer(s) (only if the form is submitted in paper form)
7. Date(*)—delete as appropriate.
Flyspot/Deepspot/Skyspot will confirm receipt of the notice of withdrawal by sending an email to the Customer’s email address.
The consumer is required to return the Product immediately, but no later than 14 days from the date on which they withdrew from the contract. The Product should be returned to the following address: Flyspot/Deepspot/Skyspot FLYSPOT GROUP sp. z o.o. , ul. Chorzowska 100, 40-101 Katowice. For vouchers delivered electronically, there is no need to return them. Upon receipt by Flyspot/Deepspot/Skyspot of the Customer’s notice of withdrawal from the contract, Flyspot/Deepspot/Skyspot will block the code displayed on the Voucher that enables use of the service.
If the Consumer withdraws from the contract, Flyspot/Deepspot/Skyspot will immediately refund the Consumer any payments made, including the costs of delivering the Product, in accordance with the provisions of the Act. If the Consumer has chosen a method of delivery other than the least expensive standard delivery method offered on the Website, Flyspot/Deepspot/Skyspot is not obligated to reimburse the Consumer for any additional costs incurred.
The Consumer is responsible for the direct costs of returning the Product. Flyspot/Deepspot/Skyspot does not accept shipments sent cash on delivery and is not responsible for any costs associated with such shipments.
Flyspot/Deepspot/Skyspot will issue a refund using the same payment method the Consumer used.
The consumer is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to determine the nature, characteristics, and functioning of the Product.

7. Special Terms and Conditions Regarding Vouchers

The Voucher—during its validity period—entitles the holder to use the services offered by Flyspot/Deepspot/Skyspot, as described on the Website for the specific Voucher. To use these services, you must make a reservation in the reservation system following the instructions included with the Voucher (the “Redeem Voucher” tab), including entering the code found on the Voucher on the Website.
The Customer may change a reservation they have made (no later than 1 hour before the scheduled flight), but only if slots for the service in question are available and subject to the condition that such a change may be subject to an additional fee, the amount and payment method of which will be specified on the Website. The amount of the fee may, in particular, depend on how far in advance of the booked flight the Customer wishes to make the change.
The voucher is valid for 12 months from the date of purchase and entitles the holder to make a reservation for services during that period. 4. Pursuant to Article 38(12) of the Act, after the Voucher has been used to book a service (i.e., selecting a date for the service and providing the Voucher code), the Customer is not entitled to withdraw from the Agreement, including in cases where the Consumer is a party to the Agreement.

8. Complaints

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

9. Protection of Personal Information

The controller of the Customer’s personal data is FLYSPOT GROUP Spółka z ograniczoną odpowiedzialnością Sp.k., with its registered office in Warsaw, 00-090, Al. Solidarności 75/26, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000821632, Tax ID (NIP): 5252533508, email: [email protected] or [email protected] (“Flyspot/Deepspot/Skyspot”).
Personal data will be processed by Flyspot/Deepspot/Skyspot for purposes necessary to fulfill the contract between the Customer and Flyspot/Deepspot/Skyspot regarding services provided by Flyspot/Deepspot/Skyspot (in particular, flights in a wind tunnel or flight simulator) or the sale of products offered by Flyspot/Deepspot/Skyspot. In addition, Flyspot/Deepspot/Skyspot may use personal data for purposes arising from the legitimate interests pursued by the data controller, in particular the marketing of services provided by Flyspot/Deepspot/Skyspot, including the profiling of personal data for the aforementioned purposes, provided that the Customer has the right at any time to object to the processing of their personal data for the purposes referred to in this sentence.
For marketing purposes, Flyspot/Deepspot/Skyspot may also process personal data based on the Customer’s separately expressed consent, to the extent permitted by such consent. This consent is voluntary, and the Customer may withdraw it at any time; however, the withdrawal of consent will not affect the lawfulness of the processing of personal data based on consent prior to its withdrawal.
Personal data may be transferred to entities that process it on behalf of Flyspot/Deepspot/Skyspot, such as marketing agencies and subcontractors providing our services (e.g., couriers).
When purchasing a service offered by Flyspot/Deepspot/Skyspot, the Customer’s personal information (first and last name) may be displayed on the electronic board located inside the Flyspot/Deepspot/Skyspot building, in the “flight queue.” When booking a service, the Customer has the option—by editing the appropriate field in their reservation—to display only the Customer’s nickname (as entered in the reservation details) in the flight queue.
Subject to paragraph 7 below, Customers’ personal data necessary for the performance of the contract will be retained by Flyspot/Deepspot/Skyspot for the duration of the contract and, thereafter, for the period required by law.
For Customers who have registered on the Website, personal data will be stored by Flyspot/Deepspot/Skyspot for the duration of their use of the Website and for 12 months following their last login to the Website. With regard to personal data processed for marketing purposes, Flyspot/Deepspot/Skyspot will process such data until the Customer objects or withdraws their consent.
In addition to the other rights referred to in this article of the Terms and Conditions, the Customer has the right to request from Flyspot/Deepspot/Skyspot to grant access to their personal data, to have it corrected or deleted, or to restrict its processing, as well as the right to data portability and to lodge a complaint with a supervisory authority. 9. Providing personal data is voluntary; however, it is necessary for the performance of the contract with Flyspot/Deepspot/Skyspot.

10. Final Provisions

Flyspot/Deepspot/Skyspot reserves the right to temporarily suspend access to the Website, particularly during maintenance, repairs, or expansion of the Website.
To the fullest extent permitted by law, Flyspot/Deepspot/Skyspot shall not be liable for mail server administrators blocking the delivery of messages to the email address provided by the Customer, nor for the deletion or blocking of email messages by software installed on the computer used by the Customer.
Flyspot/Deepspot/Skyspot, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in the operation of the Service caused by force majeure, unauthorized actions by third parties, or the Service’s incompatibility with the Customer’s technical infrastructure.
For statistical purposes and to ensure the highest possible quality of service, the Website uses information stored by the server on the Customer’s device, which is then read each time the web browser connects (so-called cookies). The Customer may at any time change their browser settings so that it does not accept such files or notifies them when they are being sent. Not accepting cookies may cause difficulties in using the Website. The Customer’s use of a browser whose settings allow cookies to be stored on the Customer’s device constitutes consent to the storage of such files on that device.
The Customer is required to refrain from any actions that could disrupt the proper functioning of the Website, in particular from interfering with the software that enables the Website to function or with the content presented on the Website, as well as from providing unlawful content.
Subject to the liability referred to in Article 5(8) of the Terms and Conditions, Flyspot/Deepspot/Skyspot does not provide any warranties for the Products or offer any after-sales services. Flyspot/Deepspot/Skyspot is not bound by the code of good practices referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices.
Disputes arising from the contract for the delivery of the Product shall be heard by the competent common court. If the Customer and Flyspot/Deepspot/Skyspot agree, the dispute may be resolved through out-of-court proceedings; in particular, the matter may be referred to a permanent consumer arbitration court agreed upon by the Parties.
In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply.