Call: +48 737 340 752
Online Store Terms and Conditions
§ 1
Preliminary Provisions

  1. The online store Aquilo.io, available at the website www.aquilo.io, is operated by Aquilo Polska sp. z o.o. headquartered in Poland, in Wyględy, registered in the National Court Register by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number: 0000364976, NIP (Tax ID): PL5213579653, REGON: 142589735, with a share capital of PLN 160,000.

  2. These Terms and Conditions apply both to Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the terms and procedures for concluding distance Sales Agreements with Customers via the Store.

  3. Each Customer is obliged to read the provisions of these Terms and Conditions before making a purchase and to comply with them.

  4. Each Customer may access the Terms and Conditions at any time by clicking the “Terms and Conditions” link on the Store’s website.

  5. In terms of services provided electronically, these Terms and Conditions constitute the regulations referred to in Article 9 of the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2020, item 344, as amended).

  6. All information contained on the Aquilo.io website relating to Products (including prices) do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (Journal of Laws 2019, item 1145, as amended), but constitute only an invitation to Customers to submit offers to conclude a Sales Agreement pursuant to Article 71 of the Civil Code of April 23, 1964 (Journal of Laws 2020, item 1740, as amended).

§ 2
Definitions

  1. Consumer – a natural person concluding an agreement with the Seller via the Store whose subject is not directly related to their business or professional activity.

  2. Seller – Aquilo Polska sp. z o.o., headquartered at ul. Graniczna 20, 05-083 Wyględy, Poland, registered in the National Court Register by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number: 0000364976, NIP: PL5213579653, REGON: 142589735, with a share capital of PLN 15,000.

  3. Customer – any entity entitled under these Terms and Conditions and applicable law to use electronic services or conclude a Sales Agreement via the Store and making purchases via the Store.

  4. Entrepreneur – a natural person, legal person, or organizational unit without legal personality granted legal capacity by a separate law, conducting business activity on their own behalf, who uses the Store.

  5. Store – the online store operated by the Seller at the website www.aquilo.io.

  6. Distance Contract – an agreement concluded with the Customer within an organized distance sales system (via the Store) without the simultaneous physical presence of the parties, using one or more means of remote communication up to and including the conclusion of the contract.

  7. Terms and Conditions – these Terms and Conditions of the Store.

  8. Order – a declaration of will submitted by the Customer using the Order Form, directly aimed at concluding a Sales Agreement for a Product or Products with the Seller.

  9. Account – the Customer’s account in the Store, where the data provided by the Customer and information about their Orders are stored.

  10. Registration Form – a form available in the Store that enables the creation of an Account.

  11. Order Form – an interactive form available in the Store that enables placing an Order, particularly by adding Products to the Cart and specifying terms of the Sales Agreement including delivery and payment methods.

  12. Cart – a part of the Store software where selected Products for purchase are visible and where order data, particularly product quantities, can be set and modified.

  13. Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and Seller.

  14. Sales Agreement – a sales agreement for the Product concluded or to be concluded between the Customer and Seller via the online Store. The term also covers service contracts and contracts for specific work depending on the Product’s nature.

  15. Delivery Provider – an entity cooperating with the Seller in delivering Products, including courier companies and InPost Paczkomaty Sp. z o.o. based in Kraków, providing delivery services and parcel locker system operations (Paczkomat).

§ 3
Contact with the Store

  1. Seller’s address: Service center: ul. Graniczna 20, 05-083 Wyględy, Poland

  2. Seller’s e-mail address: contact@aquilo.io

  3. Seller’s phone number: +48 737 340 752

  4. Seller’s bank account number: PLN: 35 1090 1694 0000 0001 1483 8026, EUR: PL62 1090 1870 0000 0001 5083 7781 (SWIFT CODE: WBKPPLPP)

  5. The Customer can communicate with the Seller using the addresses and phone numbers provided above.

  6. Telephone contact with the Seller is available Monday to Friday from 8:00 AM to 4:00 PM (UTC+01:00).

§ 4
Technical Requirements
To use the Store, including browsing the assortment and placing Orders, the following are necessary:
a. a terminal device with Internet access and a web browser version at least Microsoft Edge 91, Chrome 39, Firefox 34, Opera 26, Safari 5 or newer,
b. an active e-mail account,
c. enabled JavaScript and cookies,
d. an Internet connection with a minimum bandwidth of 256 kbit/s.

§ 5
General Information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the operation of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.

  2. A condition for using the Store is to read and accept these Terms and Conditions. By placing an order, the Client accepts the content of the Terms and Conditions.

  3. All rights to the Store, including proprietary copyrights, intellectual property rights to its name, its domain name, the Store’s website, as well as photos, forms, logos displayed on the Store’s website belong to the Seller, and use of them may occur only in the manner specified and in accordance with the Terms and Conditions and with the Seller’s written consent.

  4. Browsing the Store’s assortment does not require creating an Account. Placing orders for Products available in the Store is possible either by creating an Account in accordance with § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the Order fulfillment without creating an Account.

  5. Prices displayed in the Store are in EUR and USD and are gross prices (including VAT).

  6. The final amount payable by the Client consists of the price for the Product and the delivery cost (including charges for transport, delivery, and postal services), which the Client is informed about on the Store’s pages during the order process, including at the moment of expressing the will to enter into the Sales Agreement.

  7. In the case of an Agreement involving service provision for an indefinite period, the final price is the total amount covering all payments for the billing period.

  8. When the nature of the subject of the Agreement does not reasonably allow for prior calculation of the final price, information on how the price will be calculated, as well as charges for transport, delivery, postal services, and other costs, will be provided in the Store in the Product description.

  9. The Seller reserves the right to change the prices in the Store, introduce new Products for sale, conduct and cancel promotional campaigns, or make changes to them, in accordance with applicable laws.

§ 6
Creating an Account in the Store

  1. To create an Account in the Store, the Registration Form must be filled out. The following data are required: Username, Password, Email, Phone, First Name, Last Name, Address.

  2. Creating an Account in the Store is free of charge.

  3. Submitting the completed Registration Form is equivalent to:
    a. acknowledging and accepting the Terms and Conditions by the Client,
    b. authorizing the Seller to process the Client’s personal data contained in the Registration Form for the purpose of providing the Client Account service and consenting to the Seller sending technical information related to the Client Account to the email address provided during registration.

  4. Logging into the Account is done by entering the login and password established in the Registration Form.

  5. The Client may delete the Account at any time, without giving a reason and without any fees, by sending a relevant request to the Seller, in particular via email or in writing to the addresses provided in § 3.

§ 7
Order Placement Rules

  1. The Client can place orders in the online Store via the Store’s website 7 days a week, 24 hours a day.

  2. To place an Order, the Client must:
    a. log into the Store (optional);
    b. select the Product to be ordered and click the “Add to cart” button (or equivalent);
    c. log in or use the option to place an Order without registration;
    d. if the option to place an Order without registration is chosen – fill in the Order Form by entering the recipient’s data and the delivery address, select the type of shipment (delivery method), enter invoice data if different from the recipient’s data;
    e. click the “Order and pay” button;
    f. select one of the available payment methods and, depending on the chosen payment method, pay for the order within the specified deadline, subject to § 8 point 3.

§ 8
Offered Delivery and Payment Methods

  1. The Client may use the following delivery or pickup methods for the ordered Product:
    a. Delivery to a parcel locker (Paczkomat) (only in Poland),
    b. Courier shipment (Europe), cash on delivery courier shipment (only in Poland),
    c. Personal pickup available at the service address: ul. Graniczna 20, 05-083 Wyględy, Poland.

  2. The Client may use the following payment methods:
    a. bank transfer to the Seller’s bank account (in this case, the order processing will start after the Seller sends the order confirmation to the Client and the funds have been credited to the Seller’s account),
    b. bank transfer via the external payment system Tpay, operated by Krajowy Integrator Płatności S.A. based in Poznań (in this case, the order processing will start after the Seller sends the order confirmation and receives information from the Tpay system about the Client’s payment),
    c. cash on delivery, payment to the Delivery person upon delivery (in this case, order processing will start after the Seller sends order confirmation to the Client).

  3. Detailed information on delivery methods and accepted payment methods is available on the Store’s website.

§ 9
Performance of the Sales Agreement

  1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client submits an Order via the Order Form in the Online Store in accordance with § 7 of the Regulations.

  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt and acceptance of the Order is made by sending the Client an appropriate email to the email address provided during the Order process. This email contains at least the Seller’s statements confirming receipt of the Order, acceptance for processing, and confirmation of the conclusion of the Sales Agreement. At the moment the Client receives this email, the Sales Agreement between the Client and the Seller is concluded.

  3. If the Client chooses:
    a. payment by bank transfer, or bank transfer via the external payment system Tpay, the Client is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement—otherwise the order will be canceled.
    b. cash on delivery payment, the Client is obliged to pay upon receipt of the shipment.

  4. If the Client chooses a delivery method other than personal pickup, the Product will be shipped by the Seller within the time specified in its description (subject to paragraph 5 of this section), using the method selected by the Client during the Order.

  5. If Products with different delivery times are ordered, the delivery time is the longest indicated time.

  6. The start of the delivery term to the Client is counted as follows:
    a. If the Client chose payment by bank transfer or via Tpay, from the date the Seller’s bank account is credited.
    b. If the Client chose cash on delivery, from the date of conclusion of the Sales Agreement.

  7. If the Client chooses personal pickup, the Product will be ready for pickup within the time specified in the Product description. The Client will be additionally informed by the Seller about the Product’s readiness by sending an appropriate email to the Client’s email address provided during ordering.

  8. If Products with different readiness times for pickup are ordered, the readiness time is the longest indicated time.

  9. The start of the Product readiness period for pickup by the Client is counted as follows:
    a. If the Client chose payment by bank transfer or via Tpay, from the date the Seller’s bank account is credited.

  10. Delivery of the Product takes place exclusively within Poland.

  11. Delivery of the Product to the Client is paid, unless the Sales Agreement provides otherwise. Delivery costs (including transport, delivery, and postal service fees) are indicated to the Client on the Online Store’s website under the “Delivery and Returns” section and during the Order process, including at the moment the Client agrees to the Sales Agreement.

  12. Personal pickup of the Product by the Client is free of charge.

§ 10
Right of Withdrawal from the Agreement

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The withdrawal period begins from the delivery of the Product to the Consumer or a person indicated by the Consumer other than the carrier.

  3. If the Agreement covers multiple Products delivered separately, in batches or parts, the period starts from delivery of the last item, batch, or part.

  4. If the Agreement involves regular delivery of Products for a set period, the period starts from taking possession of the first item.

  5. The Consumer may withdraw by submitting a declaration of withdrawal to the Seller. Sending the withdrawal declaration within the deadline is sufficient to meet the deadline.

  6. The declaration may be sent by traditional mail, electronically to the Seller’s email, or via the Seller’s website. Contact details are in § 3. The declaration can also be submitted using a form available on the Online Store’s “Delivery and Returns” page and which is an annex to the Consumer Rights Act of 30 May 2014, but this is not mandatory.

  7. Upon receiving the Consumer’s electronic withdrawal declaration, the Seller will promptly send confirmation of receipt to the Consumer’s provided email.

  8. Effects of withdrawal:
    a. In case of withdrawal from a distance contract, the Agreement is considered not concluded.
    b. Upon withdrawal, the Seller refunds all payments including delivery costs, except additional costs due to the Consumer’s chosen delivery method other than the cheapest ordinary delivery offered by the Seller, within 14 days of receiving the withdrawal statement.
    c. The refund will be made using the same payment methods used by the Consumer unless otherwise agreed with no cost to the Consumer.
    d. The Seller may withhold the refund until the Product is returned or proof of return is provided, whichever happens first.
    e. The Consumer must return the Product to the Seller’s address specified in these Regulations promptly, no later than 14 days after informing the Seller of withdrawal. The deadline is met if the Product is sent before the 14 days expire.
    f. The Consumer bears the direct cost of returning the Product, including if the Product cannot be returned by ordinary mail due to its nature.
    g. The Consumer is liable only for diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics, and functioning.

  9. If the Product cannot be returned by ordinary mail due to its nature, this information and related return costs will be provided in the Product description in the Store.

  10. The right of withdrawal does not apply to Agreements:
    a. for non-prefabricated goods made according to Consumer specifications or personalized needs,
    b. for goods in sealed packaging which cannot be returned after opening for health or hygiene reasons,
    c. for perishable goods or goods with a short shelf life,
    d. for services fully performed with the Consumer’s consent and acknowledgment of losing the withdrawal right,
    e. where the price depends on financial market fluctuations beyond the Seller’s control, occurring before the withdrawal period ends,
    f. for goods inseparably mixed with other items after delivery due to their nature,
    g. for alcoholic beverages with agreed price delivered after 30 days, whose value depends on market fluctuations beyond the Seller’s control,
    h. for audio/video recordings or software delivered in sealed packaging once opened,
    i. for delivery of newspapers, periodicals, except subscription agreements,
    j. for delivery of digital content not on a physical carrier, if performance began with explicit Consumer consent and awareness of withdrawal loss.

§ 11
Complaints and Warranty

  1. The Sales Agreement covers new Products.

  2. If a purchased Product is defective, the Client has the right to make a complaint under the civil law warranty provisions.

  3. Complaints must be submitted in writing or electronically to the Seller’s addresses provided in these Regulations.

  4. It is recommended that complaints include a brief description of the defect, circumstances (including date) of occurrence, Client’s data, and the Client’s demands related to the defect.

  5. The Seller will respond immediately, and if the Client is a Consumer, no later than within 14 days. If no response is given within 14 days, the Client’s claim is deemed accepted.

  6. Products returned under complaint procedures should be sent to the address in § 3 of these Regulations.

  7. If a warranty is granted, information and its terms are available on the Store’s website.

§ 12
Out-of-court complaint resolution and claims

  1. Detailed information about out-of-court complaint and claims procedures is available at consumer advocacy offices, social organizations protecting consumers, regional trade inspection offices, and at the following websites of the Office of Competition and Consumer Protection:
    http://www.uokik.gov.pl/spory_konsumenckie.php;
    http://www.uokik.gov.pl/sprawy_indywidualne.php;
    http://www.uokik.gov.pl/wazne_adresy.php.

  2. Consumers have options such as:
    a. Turning to a permanent consumer arbitration court,
    b. Requesting mediation via the regional trade inspector,
    c. Seeking free assistance from consumer advocates or consumer protection organizations (e.g., Federation of Consumers, Polish Consumer Association).

§ 13
Personal Data in the Online Store

  1. The Seller is the administrator of personal data collected through the Online Store.

  2. Personal data is collected for performance of the Sales Agreement and, if consent is given, for marketing purposes.

  3. Recipients of personal data may include:
    a. For Clients using postal or courier delivery, the Seller shares data with the chosen carrier or intermediary.
    b. For Clients using electronic or card payments, data is shared with the entity processing those payments.

  4. Clients have the right to access and correct their data.

  5. Providing personal data is voluntary but failure to provide essential data prevents concluding the Sales Agreement.

§ 14
Final Provisions

  1. Agreements made via the Online Store are in Polish.

  2. The Seller reserves the right to change the Regulations for important reasons (legal changes, payment, or delivery changes) impacting the Regulations, with at least 7 days’ notice to Clients.

  3. Matters not regulated in these Regulations are governed by Polish law, including the Civil Code, Electronic Services Act, Consumer Rights Act, and Data Protection Act.

  4. The Client may use out-of-court complaint and claims procedures, including via the EU ODR platform at: http://ec.europa.eu/consumers/odr/.