• Polski
  • English
Search box

Terms and conditions

ONLINE SHOP REGULATIONS
www.forever-limited.com

The Regulations are valid from 18.12.2020.


  1. Terms used.
    1. Shop – the online shop available at www.forever-limited.com through which the Buyer may purchase the Goods available in the Shop.
    2. Seller – Forever Entertainment Spółka Akcyjna with its registered office in Gdynia at al. Zwycięstwa 96/98, entered into the register of entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ, 8th Commercial Division of the National Court Register under KRS number: 0000365951, NIP (Tax Identification Number): 5833112205, National Business Registry No. (REGON) 221122120, share capital of PLN 10,880,000, fully paid-up.
    3. Online Shop Regulations – these Regulations of providing services by electronic means, specifying the rules of using the Shop. Privacy Policy – a document describing the purposes and means of the processing of personal data and the rights of data subjects.
    4. Consumer – a natural person aged 18 and above with full capacity to enter into legal transactions with the Seller who is not directly related to its business or professional activity.
    5. Customer – a natural person aged 18 and above with legal capacity, a legal person or an organisational unit without legal personality, but having the capacity to enter into legal transactions with the Seller, directly related to its business or professional activity.
    6. Buyer – both the Customer and the Consumer.
    7. Personal Data Controller – an entity that determines the purposes and means of the processing of personal data. The Seller is the controller of personal data of the Buyers.
    8. Order – a declaration of will made by the Buyer aimed at concluding an agreement with the Seller by filling and sending a purchase form in an electronic form available on the website of the Shop, including reading the Online Shop Regulations and accepting the content thereof.
    9. Goods - all physical products available in the Shop, collector's sets of games, games on physical carriers on the platforms offered by: Nintendo, Sony, Microsoft and PC.
    10. Warranty – the mode of pursuing liability from the Seller in connection with a discovered physical (non-compliance with the agreement) or legal defect of the purchased Goods.
    11. Guarantee - a voluntary declaration concerning the quality of the Goods offered by the Guarantor. Indicates the obligations of the Guarantor and the rights of the Buyer if the sold Goods do not have the characteristics specified in the guarantee declaration.
    12. Guarantor - an entrepreneur who has made a guarantee claim, e.g., manufacturer, importer, distributor of the Goods.
    13. Account - one of the services rendered electronically in the Shop by the Seller. The Buyer may voluntarily register in the Shop, in particular in order to continue to use the services of the Shop, 
    14. Durable medium – a material or device enabling the Buyer to store information addressed personally to it in such a way as to enable the Buyer to access information in the future for a period appropriate to the purposes for which such information is used and which allow for the restoration of the stored information in an unchanged form.

 

  1. General provisions.
    1. The prices stated by the Seller are expressed in EUR and PLN. The price of Goods shall be supplemented by the cost of shipment, the amount of which depends on the selected form of payment and place of delivery. The Seller reserves the right to change the prices of Goods in the Shop, perform sale and promotion activities as well as to cancel promotional campaigns and sales.
    2. The Seller is a VAT payer.
    3. The Seller issues VAT invoices/ invoices without VAT/Sale receipts. In the case of a request to issue a VAT invoice, an invoice without VAT, a Sale receipt, the Buyer provides the necessary data, with the NIP number (tax ID number) indicated no later than when placing an Order. The Seller shall not be liable for providing incorrect or incomplete data for a VAT invoice / invoice without VAT / Sales receipt by the Buyer. 
    4. The Seller undertakes to deliver Goods free of defects.
    5. The Buyer is obliged to use the Goods offered by the Seller in a manner consistent with the regulations applicable in the Republic of Poland, in accordance with the provisions of the Online Shop Regulations, as well as not to submit content which is prohibited by the generally applicable laws. The Buyer shall be prohibited to submit illegal content and use it in a manner inconsistent with the law, good practices, violating the personal interests of third parties or the Seller.
    6. All Goods offered by the Seller in the Shop are new.
    7. The Buyer is obliged to read the technical requirements necessary to use the services of the Shop presented in the following part of the Regulations (Technical Requirements).
    8. Only persons aged 18 and above may use the Shop. 
    9. Goods in the Shop are marked. A description of given Good found in the Shop includes, among other things, information on its properties and price.

 

  1. Forms of payment.
    1. The Seller shall make available the following forms of payment:
      1. online payment - online pre-payment with the use of PayPal operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg

 

  1. Conclusion of the sales agreement.
    1. To order Goods via the Shop, it is necessary to go on the website of the Shop: www.forever-limited.com, and then select the Goods, following the information displayed on the Shop’s website.
    2. In order to submit the Order, it is necessary to perform the following activities by the Buyer:
      1. add the Goods to the cart,
      2. fill in the order form with such data as first name and surname of the Buyer, address of residence/registered office of the Buyer, address to which the Goods are to be delivered, 
      3. provide an e-mail address to which confirmation of the conclusion of the sales agreement will be sent,
      4. indicate data for issuing an invoice, if the Buyer wishes to receive it, including providing other data for settlement, such as NIP number, name of the entity to which the invoice or receipt is to be issued,
      5. select the form of payment and the form of delivery of the Goods
      6. approve the regulations of the Shop, the Privacy Policy and the Cookie Policy, 
      7. the Buyer should consent to the processing of his/her personal data on the terms and in the scope and for the purposes specified in detail in the Privacy Policy. The consent to the processing of personal data is voluntary, but necessary to submit an Order, 
      8. confirm the willingness to conclude an agreement, including selecting the “Order with Payment Obligation” button or of an equivalent content.
    3. After the Buyer has provided all the data necessary to place the Order, it will be presented with a summary of the Order.
    4. The Order sent by the Buyer is a declaration of intent of the Buyer to conclude a sales agreement with the Seller, in accordance with the provisions of these Online Shop Regulations.
    5. After placing the Order, the Buyer will receive a message confirming the execution of the Order, sent through a durable medium to the Buyer’s e-mail address or in writing to the address indicated by the Buyer at the time of placing the order.
    6. The sale agreement shall be deemed to have been concluded upon payment for the Goods ordered by the Buyer. In the event of failure to comply with the payment by the Seller, the Order shall not be deemed properly submitted, which means that the sale agreement is not concluded and the Order shall not be executed. 
    7. After creating an account/logging in the Shop, the Buyer obtains access to additional options on the Buyer’s panel, like the order history.
    8. The information contained in the Shop www.forever-limited.com does not constitute an offer to conclude an agreement in accordance with the provisions of the Civil Code, which means, among other things, that the Seller may refuse to enter into an agreement in particularly justified cases, in particular in order to protect its goods. 
    9. The sale agreement shall be concluded in English or Polish - at the Buyer's choice.

 

  1. Order execution date and delivery of Goods.
    1. The Seller shall execute placed Orders for the Goods within the period from two up to six months, from the day following the reception of payment.
    2. The delivery time of Goods shall not be included in the Order execution date (which depends on the place of delivery selected by the Buyer).
    3. The costs of delivery of Goods shall be notified to the Buyer prior to the Order being sent by the Buyer.
    4. The cost of delivery is related to the choice of the method and place of delivery by the Buyer. 
    5. The Buyer has the obligation to choose the country of delivery, and accept the cost as follows: https://forever-limited.com/shipping-and-payment,45.html
    6. Additional shipping costs (including customs duties) may be added to the shipping cost.
    7. The time of execution of the Order and delivery time may vary and be extended in periods of sale or special actions.
    8. The delivery of Goods is carried out in the territories mentioned in point 5
    9. If during the acceptance of Goods, the Consumer discovers mechanical damage of the contents of the shipment, incompleteness of the shipment, non-compliance of the contents of the shipment with the object of the Order, the Consumer shall be entitled to refuse to accept the shipment and immediately notify the Seller of the situation.
    10. If possible, the Consumer may, in the event of damage, draw up a damage report in the presence of a representative of the Supplier (e.g., courier). This will accelerate the complaint procedure, but it is not necessary to assert claims by the Consumer.
    11. If the Goods are not available or the Order cannot be completed for other reasons, the Buyer shall be notified thereof by the Seller via e-mail. In particularly justified cases, the Seller may refuse to conclude a sales agreement in order to protect its goods.

 

  1. The right to withdraw from the agreement.
    1. The Consumer shall have the right to withdraw from the remote agreement without stating the reason and without incurring any costs. If the Consumer has submitted a declaration of withdrawal from the sale agreement before the Seller accepted the offer, the offer ceases to be binding.
    2. Exceptions to the withdrawal from the agreement are specified further in the Online Shop Regulations, i.e., exceptions to the withdrawal from the agreement.
    3. The deadline for withdrawal from the remote agreement is 14 days from the day on which the Consumer has entered into possession of the Goods or in which a third party, other than the carrier and indicated by the Consumer, entered into possession of the Goods. 
    4. In order to comply with the deadline for withdrawing from the agreement, it is sufficient to send a clear statement of withdrawal to the Seller before its expiry.
    5. The declaration of withdrawal from the agreement shall be sent to the Seller's e-mail address: office@forever-limited.com, or by letter to the following address: al. Zwycięstwa 96/98, Gdynia, Poland.
    6. The Consumer may use the model withdrawal Form provided by the Seller or use Annex 2 to the Act of 30 May 2014 on Consumer Rights.
    7. The Consumer may also draw up a letter of withdrawal from the agreement by hand, and at least the following shall be considered necessary:
      1. identification and address data of the Consumer,
      2. name or symbol of the returned Goods, 
      3. date of the receipt of the Goods by the Consumer, 
      4. bank account number or other method of reimbursing the costs of the Goods by the Seller.
    8. The Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the agreement.
    9. If the Consumer sends a statement on withdrawal from the agreement by traditional mail, the date of posting the correspondence shall be considered for the compliance with a 14-day withdrawal period.
    10. In the event of withdrawal from the agreement, the agreement shall be deemed not to have been concluded. 

 

  1. Exceptions to the withdrawal from the agreement.
    1. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, the Consumer is not entitled to withdraw from the agreement:
      1. for the provision of services if the entrepreneur has performed a full service with the express consent of the consumer who was informed prior to the commencement of the service that, after the provision of the service, the entrepreneur loses the right to withdraw from the agreement;
      2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur does not exercise control and which may occur before the expiry of the deadline for withdrawal from the agreement;
      3. in which the subject matter of the service is non-prefabricated, manufactured item according to the consumer’s specification or intended to satisfy its individual needs;
      4. in which the subject of the service is subject to rapid spoilage or with a short shelf life;
      5. in which the subject matter of the service is delivered in a sealed package which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
      6. in which the subject matter of the service are items which, after delivery, by their nature, are inseparable from other things;
      7. in which the subject of the service is audio or visual recordings or computer programs supplied in a sealed package, if the packaging is opened after delivery;
      8. for the provision of journals, periodicals or periodicals, except for subscription contracts.

 

  1. Reimbursement and return of Goods
    1. The Seller shall reimburse the Consumer within 14 days of receiving the Consumer's certificate of withdrawal from the agreement, using the same method of payment used by the Consumer, unless the Consumer expressly agrees otherwise.
    2. The Seller may withhold the reimbursement of cash received from the Consumer until the Goods have been received and verified.
    3. The Consumer should return the Goods immediately, but not later than within 14 days from the date of informing the Seller of the withdrawal from the agreement. The deadline shall be observed if the Consumer sends the Goods before the expiry of 14 days. Returns should be directed to the warehouse address of the Shop: Argo S.A. ul. Magazynowa 7, 80-180 Gdańsk-Kowale, Poland. The Goods shall be returned at the expense of the Consumer, subject to point IX.3 Online Shop Regulations.
    4. The Consumer shall be liable for a decrease in the value of the Goods resulting from the use of the Goods in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Goods.

 

  1. Reimbursement of the costs of delivery to the Consumer.
    1. The Consumer shall not bear the cost of return, except for ordinary costs of return of the Goods to the Seller.
    2. The normal costs of return borne by the Consumer are, in particular, the cost of packaging for shipment and the fee for sending the consignment to the Seller.
    3. The Seller shall reimburse the Consumer for the cost of delivery of the Goods to the Consumer. 
    4. The Seller shall not be obliged to return the cost of delivery of the Goods to the Consumer when:
      1. the Seller has delivered the Goods to the Consumer in the form of a free delivery, e.g. after exceeding the value of the order specified by the Seller or as part of another promotional campaign conducted by the Seller,
      2. the Consumer returns a part of the ordered Goods and the delivery costs were not calculated per item, but for the whole order.

 

  1. Rules for lodging complaints.
    1. The Consumer shall have the right to lodge a complaint on the basis of a warranty granted by the Seller within 2 years from the moment of releasing the Goods in connection with a physical defect (non-compliance with the agreement) or a legal defect.
    2. The Consumer may submit to the Seller a demand resulting from the warranty within one year from the date of discovering a defect. 
    3. Any complaints of the Buyers should be sent in writing or to the Seller's e-mail address: office@forever-limited.com
    4. The Seller shall examine the complaint within 14 days from the date of its receipt, send a reply to the e-mail address or the correspondence address indicated by the Consumer.
    5. The complaint should include at least:
      1. first name and surname of the Consumer, address, postal code,
      2. name of the Goods purchased,
      3. reasons for the complaint,
      4. date of discovering the defect of the Goods,
      5. confirmation of purchase from the Seller (to be selected depending on the circumstances, the Consumer may present one of the following: proof of purchase, order number, confirmation of payment, e-mail with confirmation of order acceptance by the Seller, etc.)
    6. The Seller shall process the complaint within 14 days of its receipt by sending a reply to the address indicated by the Consumer (including e-mail address). 
    7. The Seller shall reimburse the Consumer with the cost of returning the Goods complained about, immediately after accepting the warranty claim, after sending the scan/copy of the proof of incurring them.
    8. If the complaint is rejected, the Goods shall be sent to the address indicated in the complaint or from which the complaint was sent. 
    9. The Buyer may file a complaint to the Seller in connection with the use of free services provided by electronic means by the Seller. The complaint may be submitted in an electronic form and sent to the Seller's electronic address. In order to submit a complaint, the Buyer may use the complaint form made available in the Shop. In the complaint notification, the Buyer should include a description of the problem. The Seller shall immediately, but not later than within 14 days, examine complaints and provide answers to the Buyer.

 

  1. Guarantee.
    1. Some Goods may be covered by a guarantee provided by the Guarantor (manufacturer or distributor of Goods).
    2. If the Goods are covered by a guarantee, the guarantee document shall be attached to it by the manufacturer or distributor.
    3. The guarantee period and the scope of the Guarantor's liability shall be specified in the guarantee declaration and the description of the Goods.
    4. The rights granted under the guarantee are independent of the rights indicated in the warranty.

 

  1. Protection of personal data.
    1. The Seller shall be the controller of personal data provided during the use of the Shop.
    2. The rules of data processing and the rights of the Buyers in connection with the General Data Protection Regulation (GDPR) have been included in the Privacy Policy available at https://forever-limited.com/privacy-policy,46.html
    3. The objectives and scope of data processing, data subjects and the rights of data subjects are described in the Privacy Policy.

 

  1. Technical requirements necessary for the use of the Shop.
    1. The following shall be necessary to use the Shop:
      1. devices with access to the Internet (computer, tablet, phone);
      2. properly configured web browser supporting cookies – Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome (recommended Mozilla Firefox version minimum 24.0, version 10, Google Chrome, version 28.0 or more recent or MS Internet Explorer version at least 8.0 or more recent), which ensures the operation of cookies and Javascript scripts. Other versions of web browsers may be used if they ensure full compliance with the versions set out above.
      3. active and properly configured e-mail account for receiving messages by the Buyer.
    2. For the safe use of the Shop, it is recommended that the device used by the Buyer has in particular:
      1. current antivirus system,
      2. effective firewall,
      3. available updates of the operating system and an Internet browser that relate to security,
      4. activated cookie acceptance function and Java Script in the web browser,
      5. software that makes it possible to read files in a PDF format.
    3. The Buyer is obliged to use the Goods offered by the Seller in a manner consistent with the regulations in force in the Republic of Poland, the provisions of the Online Shop Regulations, as well as not to provide the content prohibited by generally applicable provisions of law.
    4. The Seller is not responsible for the Buyer’s failure to comply with the technical requirements specified above necessary to cooperate with the ICT system used by the Buyer. In particular, it is a case when the Buyer has misconfigured or has not configured an e-mail account at all and for this reason, he/she does not receive an e-mail from the Buyer to the Seller or from the Seller to the Buyer.

 

  1. Registration in the Shop and creating an Account.
    1. When placing an Order, the Buyer may register in the Shop. The Seller provides the following services free of charge to the Buyers: Account Management.
    2. Creating an Account is voluntary.
    3. An Account enables viewing the history of Orders and accelerates placement of Orders in the future by automatically saving the Buyer’s data on the Order form.
    4. When creating an Account, the Buyer provides its identification data and e-mail address and creates its own password and login.
    5. The Buyer is obliged not to disclose the data for logging in to the Shop’s Account to third parties.
    6. The Buyer, who has registered, terminates the agreement for the provision of services by electronic means through an independent deletion of the Account, consisting in placing an instruction to delete it or to request the deletion of the Seller's Account, whereas in the case of submitting a request to delete the Account, the termination of the agreement shall take place after the expiry of the notice period of 7 days.
    7. In order to terminate the agreement for the provision of services by electronic means concerning the Account, the Seller shall inform the Buyer at the e-mail address provided by the Buyer during the registration, within 14 days prior to the planned date of removal of the Buyer’s Account.

 

  1. Contact form.
    1. The Seller allows the Buyer to send a query to the Seller by means of a dedicated form on the Shop’s website.
    2. The use of the Form by the Buyer is voluntary.
    3. In addition to the form, the Seller shall also make available on the Shop’s website the telephone number and e-mail address with the use of which the Buyer may contact the Seller.
    4. The objectives and scope of data processing, data subjects and the rights of data subjects are described in the Privacy Policy.

 

  1. Proprietary copyrights.
    1. The exclusive rights to the content made available within the Shop, in particular copyright to photos, names, trademarks of the Shop, including their graphics, software and rights in the scope of databases are subject to legal protection and are vested in the Seller or third parties with whom the Seller has concluded the relevant agreements.
    2. It is forbidden to copy or otherwise use any elements of the Shop without the Seller's consent.
    3. In the event of violation of copyright to photos, names, trademarks of the Shop, including their graphic elements, software and database rights, the person who has committed the infringement (including the Buyer) shall be liable under this liability under the provisions of the Act on the Law of the Republic of Poland or in the provisions on intellectual property.

 

  1. ODR platform.
    1. ODR platform (Online Dispute Resolution - ODR) is an interactive website for consumers and sellers seeking out-of-court settlement of the dispute.
    2. The ODR platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
    3. Through the ODR platform, a Consumer who resides in the EU, Norway, Iceland, Liechtenstein may lodge a complaint concerning goods or services purchased via the Internet from the Seller with its registered office in the EU, Norway, Iceland, Liechtenstein.
    4. Submitting a complaint is done by filling an electronic form and finding the appropriate entity that will deal with resolution of the dispute.
    5. All the institutions on the platform have been subject to verification, which ensures that they comply with the relevant provisions and their registration by the national authorities. On the territory of the Republic of Poland it is the Office for Competition and Consumer Protection (UOKiK).
    6. The Seller shall inform the Consumer about the possibility of using out-of-court complaint handling and redress procedures. Rules for access to these procedures are available at the premises or on the websites of entities authorised to settle disputes out of court. They may include, in particular, the consumer ombudsmen or the Provincial Inspectorate of Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.

 

  1. Final provisions.
    1. In matters not regulated by these Online Shop Regulations, the relevant generally applicable provisions of the Polish law, in particular the Civil Code, shall apply.
    2. In the event of a dispute arising from the concluded sales agreement, the parties shall endeavour to settle the dispute amicably. Any disputes arising from the sale agreement shall be resolved by a common court having jurisdiction over the registered office of the defendant or the court having jurisdiction over the place where the benefit is provided to the Consumer.
    3. The place of performance of the benefit is, in particular, the place to which the Seller is obliged, pursuant to the agreement, to send the Goods to the Buyer.
    4. The Consumer shall also have the right to refer the dispute to the entity entitled to out-of-court settlement of consumer disputes in accordance with the Act on out-of-court settlement of consumer disputes (Journal of Laws 2016.1823 of 2016.11.09), without prejudice to the possibility of bringing an action before a common court.
    5. The Buyer may obtain a free-of-charge access to the Online Shop Regulations at any time on the Shop’s website and prepare its printout.
    6. These Online Shop Regulations enter into force on the day of their publication on the Seller's website.
    7. The Seller reserves the right to amend these Regulations at any time. 
    8. The amended Regulations shall enter into force 14 days after publication on the Seller's website.
    9. The content of these Online Shop Regulations may be recorded by printing, recording on a carrier or downloading at any time from the website of the Shop.

 

Starting from 1 January 2021, according to Article 38s of the Polish Consumer Rights Act of 30 May 2014, the rights referred to in Chapter 4 of the Consumer Rights Act can be exercised by a natural person entering into a contract directly connected with their business activity if it is clear from the wording of the contract that the contract is not a contract of a business nature to that person, especially of a business nature related to the objects of business of that person as specified based on the regulations regarding the Polish Central Register and Information on Economic Activity (CEiDG).

TOP