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Terms and conditions

ONLINE SHOP REGULATIONS
www.forever-limited.com

The Regulations are valid from 01/01/2023
(in relation to contracts concluded from 01/01/2023)



  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, tel.: +48 58 728 23 43.
    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 tangible movable items available in the Shop (Product), as well as collector's sets of games as digital content on tangible media for platforms offered by: Nintendo, Sony, Microsoft and PC.
    10. Warranty – a mode of pursuing liability from the Seller in connection with an identified physical defect (non-compliance with the agreement) or legal defect (non-compliance with the sales agreement) 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.
    15. Compatibility – means the ability of Products/digital content/digital service to function with hardware and software with which goods of the same type/digital content or services of the same type are typically used, without the need to convert the Products/digital content or digital service, hardware or software;
    16. Functionality – means the ability of Products/digital content or service to perform its function, taking into account the intended use of the Products/digital content or service;
    17. Interoperability – means the ability of Products/digital content or digital service to function with hardware and software different from those with which goods of the same type/digital content or services of the same type are normally used;
    18. Digital content – means data, which are produced and supplied in digital form;
    19. Digital service – means:
      1. a service that allows to create, process, store or access data in digital form; or
      2. a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Consumer or other users of that service;
    20. Integration – means the linking and incorporation of digital content or a digital service with the components of the Consumer's digital environment in order for the digital content or digital service to be used in accordance with the requirements for conformity with the contract;
    21. Digital environment – means hardware, software and any network connection used by the Consumer to access or make use of digital content or a digital service.

  1. General provisions.
    1. The prices stated by the Seller are expressed in EUR and PLN. The prices on the Store's website placed next to the Goods are gross prices and do not include information on delivery costs and any other costs (including any customs fees) that the Buyer will be obliged to pay in connection with the concluded sales contract. The final price binding the parties to the sales contract is the price of the Goods contained on the Store's website at the time of placing the order by the Buyer. 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 total value of the Order is determined each time after the Buyer selects the form of delivery and specifies the form of payment. 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 or 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
      2. online payment - online pre-payment with the use of Przelewy24 operated by PayPro SA with its registered office in Poznań, Poland

 

  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 (pre-orders), or within the period of 3 weeks (in stock), 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 depended on the choosen country. Delivery costs also depend on the quantity and weight of the ordered products, and their final value will be visible to the customer in the order summary, before the final confirmation of the purchase.
    6. Additional shipping costs (including customs duties) may be added to the shipping cost. If the delivery address of the Goods is a country outside the territory of the European Union, the total value of the Order does not include any fees and taxes that could be required by the government of the country according to the place of residence or the seat of the Buyer. The Buyer may be required to pay, in particular: local fees or taxes in accordance with the local law applicable to him. 
    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 all over the World except the following territories: Burma, Central African Republic, Comoros, Cuba, Equatorial Guinea, Falklands, Guinea Bissau, Iran, Johnston Island, Kiribati, North Korea, Mayotte Island, Myanmar, Nauru, Niue, Saint Pierre and Miquelon, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Saint Helena, Sudan, Syria, Tajikistan, Tokelau, Turkmenistan, Tuvalu, Wake Island, Yemen.
    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.  Any external damage resulting in the commencement of the complaint procedure must be reported to the Seller within no more than 5 working days from the date of delivery. 
    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 Customer and the Consumer shall have the right to withdraw from the remote agreement without stating the reason and without incurring any costs. If the Customer and 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 Customer and the Consumer has entered into possession of the Goods or in which a third party, other than the carrier and indicated by the Customer and 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: support@forever-limited.com, or by letter to the following address: al. Zwycięstwa 96/98, Gdynia, Poland.
    6. The Customer and 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 Customer and 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 Customer and the Consumer
      2. name or symbol of the returned Goods, 
      3. date of the receipt of the Goods by the Customer and 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 Customer and the Consumer a confirmation of receipt of the declaration of withdrawal from the agreement.
    9. If the Customer and 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 Customer and the Consumer is not entitled to withdraw from the agreement:
      1. for the provision of services for which the Customer is obliged to pay, where the trader has fully performed the service with the Consumer’s explicit consent, and the Consumer was informed before the commencement of the service that they would lose the right to withdraw from the agreement upon the completion of the service by the trader and they have acknowledged the above;
      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. where the subject matter of performance is a non-prefabricated product, custom-made for the Consumer or intended to satisfy the Consumer’s individual needs;
      4. where the subject matter of performance are goods which are liable to deteriorate or expire rapidly;
      5. where the subject matter of performance are sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the Consumer 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.
      9. where the subject matter of performance are alcoholic beverages whose price has been agreed upon at the conclusion of the sales agreement, and whose delivery may only take place after 30 days and whose value depends on market fluctuations over which the trader has no control;
      10. where the Consumer explicitly requests that the trader arrives to perform urgent repair or maintenance work; if the trader provides additional services other than the ones requested by the Consumer or delivers goods other than spare parts essential for the performance of the requested repair or maintenance work, the Consumer shall be entitled to withdraw from the agreement in relation to those additional goods and/or services;
      11. concluded by means of a public auction
      12. provision of accommodation services other than for residential purposes, transportation of goods, car rental, gastronomic services, leisure services, or entertainment, sport or cultural events, if the agreement specifies a day or a period of the service provision;
      13. for the provision of digital content that is not delivered on a tangible medium, for which the Consumer is obliged to pay, where the trader has begun the performance of the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that they would lose the right to withdraw from the agreement upon the completion of the service by the trader, and the trader has provided the Consumer with an acknowledgement of the receipt of consent;
      14. for the provision of services for which the Consumer is obliged to pay where the Consumer explicitly requested that the trader arrived to perform urgent repair, and the service has already been performed in full with the express and prior consent of the Consumer

 

  1. Reimbursement and return of Goods
    1. The Seller shall reimburse the Customer and the Consumer within 14 days of receiving the Customer and the Consumer certificate of withdrawal from the agreement, using the same method of payment used by the Customer and the Consumer, unless the Customer and the Consumer expressly agrees otherwise.
    2. The Seller may withhold the reimbursement of cash received from the Customer and the Consumer until the Goods have been received and verified or the Consumer has provided the proof of the Goods being returned, depending on which occurs first.
    3. The Customer and 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 Customer and 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.
    5. If, due to its nature, the Goods cannot normally be returned by post, the Seller shall inform the Consumer about the costs of returning the Goods.

 

  1. Reimbursement of the costs of delivery to the Customer and the Consumer.
    1. The Customer and 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 Customer and 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 Customer and 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 Customer and the Consumer when:
      1. the Seller has delivered the Goods to the Customer and 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 Customer and 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 complaints and the Seller's liability towards the Customer and the Consumer.
    1. The Seller delivers Products, which comply with the sales contract concluded with the Customer and the Consumer. The Products conform with the contract if, in particular, where applicable:
      1. their description, type, quantity and quality, as well as the functionality, compatibility, interoperability and other features meet the conditions set out in the contract;
      2. they are fit for the particular purpose for which the Customer and the Consumer requires them and which the Customer and the Consumer made known to the Seller at the latest at the time of the conclusion of the contract, and which the Seller has accepted;
      3. they are supplied with all accessories, instructions, including on installation as required by the contract; and
      4. they are delivered with updates in accordance with the sales contract;
      5. Products are fit for purposes for which products of this type, the applicable law, technical standards or good practices are normally used;
      6. Products are, where applicable, of the same quality as a sample or model which the Seller made available to the Customer and the Consumer before the conclusion of the contract and correspond to the description of such a sample or model;
      7. Products are delivered, where applicable, along with accessories, including the packaging, installation instructions or other instructions, which the Customer and the Consumer may reasonably expect to receive; and
      8. Products are in such quantity and have such features and other functions, including in relation to durability, functionality, compatibility and safety, as are typical of goods of the same type and which the Customer and the Consumer may reasonably expect, taking into account the specific nature of the Products and public statements made by the Seller or by other persons in previous links of the chain of transactions, including the manufacturer, or on behalf of the Seller or such other persons, in particular in advertising or on labelling.
    2. Digital content or a digital service comply with the sales contract if, where applicable, in particular:
      1. their description, type, quantity, completeness and quality, as well as their functionality, compatibility, interoperability and other features, meet the conditions set out in the agreement, including the availability of technical support and updates;
      2. they are fit for the particular purpose for which the Customer and the Consumer requires them and which the Customer and the Consumer made known to the Seller at the latest at the time of the conclusion of the contract, and which the Seller has accepted;
      3. they are supplied with all accessories, instructions, including on installation, and Customer assistance as required by the contract; and
      4. they are updated as stipulated by the contract;
      5. they are fit for the purposes for which digital content or digital services of the same type would normally be used, technical standards, the applicable law, good practices;
      6. they are in such quantity and possess the qualities and performance features, including in relation to functionality, compatibility, accessibility, continuity and security, normal for digital content or digital services of the same type and which the Customer and the Consumer may reasonably expect, given the nature of the digital content or digital service and taking into account any public statement made by or on behalf of the Seller, or other persons in previous links of the chain of transactions, particularly in advertising or on labelling.
      7. they are delivered, where applicable, along with any accessories and instructions which the Customer and the Consumer may reasonably expect to receive; and
      8. they comply with any trial version or preview of the digital content or digital service, made available by the Seller before the conclusion of the contract.
    3. Any lack of conformity resulting from the incorrect integration of the digital content or digital service into the Customer and the Consumer digital environment shall be regarded as lack of conformity of the digital content or digital service if:
      1. the digital content or digital service was integrated by the Seller or under the Seller's responsibility; or
      2. the digital content or digital service was intended to be integrated by the Customer and the Consumer and the incorrect integration was due to shortcomings in the integration instructions provided by the Seller.
    4. The Customer 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 delivery the Goods in connection with a defect (non-compliance with the agreement). The Seller shall be liable to the Customer and the Consumer for any lack of conformity with the contract which existed at the time of delivery and which became apparent within 2 years of that time. This clause shall also apply to Products with digital elements.
      If the contract provides for a single delivery or a series of separate deliveries of digital content, the Seller shall be liable for any lack of conformity with the contract that exists at the time of delivery.
    5. Any complaints of the Buyers should be sent in writing or to the Seller's e-mail address: support@forever-limited.com. In order to improve the complaint process, the Seller provides a form, ready to be downloaded from the website: https://forever-limited.com/contact,2.html.
    6. 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.
    7. 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.)
    8. The Customer and the Consumer shall make the Goods to be repaired or replaced available to the Seller, and the Seller shall collect the Goods at their expense.
    9. If the complaint is rejected, the Goods shall be sent to the address indicated in the complaint or from which the complaint was sent. 
    10. 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.
    11. The Customer shall lose their rights under the warranty if they failed to examine the Goods in the customary time and manner for Goods of that type and failed to notify the Seller of the defect without delay, and if the defect came to light only at a later stage – if they failed to notify the Seller immediately after it was identified.
    12. In the case of a lack of conformity, the Customer and the Consumer shall be entitled to have the Products brought into conformity, to receive a proportionate reduction in the price, or to terminate the contract under the conditions laid down in these Online Shop Regulations. In order to bring the Products into conformity with the contract, the Customer and the Consumer may choose between repair and replacement,  the Seller may refuse to bring the Goods into conformity with the agreement if the legal remedy chosen is impossible or, in comparison with other remedies, would impose costs on the Seller that would be disproportionate, taking into account all the circumstances of the case including:
      1. the value the Goods would have if there was no lack of conformity with the contract;
      2. the significance of the lack of conformity with the contract; and
      3. the possibility of an alternative remedy without significant inconvenience for the Customer and the Consumer.
    13. The Seller may refuse to bring the Goods into conformity with the contract if repair and replacement are impossible or would involve disproportionate costs for the Seller, taking into account all circumstances.
    14. The Customer and the Consumer has the right to a proportionate reduction in the price of the Goods or to terminate the sales contract in the following cases:
      1. the Seller refused to repair or replace the Products or the Seller refused to bring the Goods into conformity with the contract pursuant to clause 13 or if the Seller has failed to bring the Goods info conformity with the agreement;
      2. a lack of conformity appears despite the Seller's attempt to bring the Goods into conformity;
      3. the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or
      4. the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the Goods into conformity within a reasonable time, or without significant inconvenience for the Customer and the Consumer.
    15. The Customer and the Consumer shall not be entitled to terminate the contract if the lack of conformity of the Goods with the contract is only minor. The burden of proof to show that the lack of conformity with the contract is minor shall lie with the Seller.
    16. The Customer and the Consumer shall have the right to withhold payment of the remaining price or part thereof until the Seller fulfils its obligations.
    17. The Seller shall bring the Goods into conformity with the agreement:
      1. free of charge;
      2. within a reasonable time from the moment the Seller was informed by the Customer and the Consumer of the lack of conformity with the contract; and
      3. without significant inconvenience for the Customer and the Consumer, taking into account the specific nature of the Goods and the purpose for which the Customer and the Consumer acquired the Goods.
    18. The reduction in price shall be proportionate to the decrease in the value of the Goods, which were received by the Customer and the Consumer compared to the value that the Goods would have if they were in conformity with the contract.
    19. the Customer and the Consumer exercises the right to terminate the sales contract for the Good by submitting a statement to the Seller informing about the decision to terminate the sales contract. Where the lack of conformity relates to only some of the Goods delivered under the sales contract the Customer and the Consumer may withdraw from the sales agreement only in relation to those Goods, and in relation to any other Goods which the Customer and the Consumer acquired together with the non-conforming Goods if the Customer and the Consumer cannot reasonably be expected to accept to keep only the conforming Goods. If the Customer and the Consumer terminates the sales contract as a whole or in relation to some of the Goods delivered under the sales contract:
      1. the Customer and the Consumer shall return the Goods immediately to the Seller at the Seller's expense, and
      2. the Seller shall promptly refund to the Consumer the price paid for the Goods no later than 14 days from the date of the receipt of the Goods or of the proof of their return. The Seller shall refund the price using the same method of payment used by the Consumer unless the Consumer has expressly agreed to a different method of receiving a refund that does not incur any costs for the Consumer.
  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 case of a breach by the Buyer of these Regulations, The Seller wishing to terminate the contract for the provision of electronic services regarding the Account shall inform the Buyer at the e-mail address provided by him during registration, within 14 days before the planned date of deleting 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. All orders accepted by the Seller for execution before the date of entry into force of the new Online Store Regulations are implemented on the basis of the Online Store Regulations, which were in force on the day the order was placed by the Buyer.
    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). 

 

ONLINE SHOP REGULATIONS
www.forever-limited.com

The Regulations are valid from 01/01/2022
(in relation to contracts concluded from 01/01/2022)



  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 tangible movable items available in the Shop (Product), as well as collector's sets of games as digital content on tangible media for 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.
    15. Compatibility – means the ability of Products/digital content/digital service to function with hardware and software with which goods of the same type/digital content or services of the same type are typically used, without the need to convert the Products/digital content or digital service, hardware or software;
    16. Functionality – means the ability of Products/digital content or service to perform its function, taking into account the intended use of the Products/digital content or service;
    17. Interoperability – means the ability of Products/digital content or digital service to function with hardware and software different from those with which goods of the same type/digital content or services of the same type are normally used;
    18. Digital content – means data, which are produced and supplied in digital form;
    19. Digital service – means:
      1. a service that allows the Consumer to create, process, store or access data in digital form; or
      2. a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Consumer or other users of that service;
    20. Integration – means the linking and incorporation of digital content or a digital service with the components of the Consumer's digital environment in order for the digital content or digital service to be used in accordance with the requirements for conformity with the contract;
    21. Digital environment – means hardware, software and any network connection used by the Consumer to access or make use of digital content or a digital service.

  1. General provisions.
    1. The prices stated by the Seller are expressed in EUR and PLN. The prices on the Store's website placed next to the Goods are gross prices and do not include information on delivery costs and any other costs (including any customs fees) that the Buyer will be obliged to pay in connection with the concluded sales contract. The final price binding the parties to the sales contract is the price of the Goods contained on the Store's website at the time of placing the order by the Buyer. 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 total value of the Order is determined each time after the Buyer selects the form of delivery and specifies the form of payment. 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 or 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
      2. online payment - online pre-payment with the use of Przelewy24 operated by PayPro SA with its registered office in Poznań, Poland

 

  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 (pre-orders), or within the period of 3 weeks (in stock), 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 depended on the choosen country. Delivery costs also depend on the quantity and weight of the ordered products, and their final value will be visible to the customer in the order summary, before the final confirmation of the purchase.
    6. Additional shipping costs (including customs duties) may be added to the shipping cost. If the delivery address of the Goods is a country outside the territory of the European Union, the total value of the Order does not include any fees and taxes that could be required by the government of the country according to the place of residence or the seat of the Buyer. The Buyer may be required to pay, in particular: local fees or taxes in accordance with the local law applicable to him. 
    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 all over the World except the following territories: Burma, Central African Republic, Comoros, Cuba, Equatorial Guinea, Falklands, Guinea Bissau, Iran, Johnston Island, Kiribati, North Korea, Mayotte Island, Myanmar, Nauru, Niue, Saint Pierre and Miquelon, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Saint Helena, Sudan, Syria, Tajikistan, Tokelau, Turkmenistan, Tuvalu, Wake Island, Yemen.
    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.  Any external damage resulting in the commencement of the complaint procedure must be reported to the Seller within no more than 5 working days from the date of delivery. 
    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 Customer and the Consumer shall have the right to withdraw from the remote agreement without stating the reason and without incurring any costs. If the Customer and 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 Customer and the Consumer has entered into possession of the Goods or in which a third party, other than the carrier and indicated by the Customer and 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: support@forever-limited.com, or by letter to the following address: al. Zwycięstwa 96/98, Gdynia, Poland.
    6. The Customer and 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 Customer and 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 Customer and the Consumer
      2. name or symbol of the returned Goods, 
      3. date of the receipt of the Goods by the Customer and 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 Customer and the Consumer a confirmation of receipt of the declaration of withdrawal from the agreement.
    9. If the Customer and 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 Customer and 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 Customer and the Consumer within 14 days of receiving the Customer and the Consumer certificate of withdrawal from the agreement, using the same method of payment used by the Customer and the Consumer, unless the Customer and the Consumer expressly agrees otherwise.
    2. The Seller may withhold the reimbursement of cash received from the Customer and the Consumer until the Goods have been received and verified or the Consumer has provided the proof of the Goods being returned, depending on which occurs first.
    3. The Customer and 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 Customer and 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.
    5. If, due to its nature, the Goods cannot normally be returned by post, the Seller shall inform the Consumer about the costs of returning the Goods.

 

  1. Reimbursement of the costs of delivery to the Customer and the Consumer.
    1. The Customer and 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 Customer and 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 Customer and 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 Customer and the Consumer when:
      1. the Seller has delivered the Goods to the Customer and 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 Customer and 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 complaints and the Seller's liability towards the Consumer.
    1. The Seller delivers Products, which comply with the sales contract concluded with the Consumer. The Products conform with the contract if, in particular, where applicable:
      1. their description, type, quantity and quality, as well as the functionality, compatibility, interoperability and other features meet the conditions set out in the contract;
      2. they are fit for the particular purpose for which the consumer requires them and which the consumer made known to the Seller at the latest at the time of the conclusion of the contract, and which the Seller has accepted;
      3. they are supplied with all accessories, instructions, including on installation as required by the contract; and
      4. they are delivered with updates in accordance with the sales contract;
      5. Products are fit for purposes for which products of this type, technical standards are usually used or, in case there are no such technical standards, industry codes of conduct applicable in a given sector;
      6. Products are, where applicable, of the same quality as a sample or model which the Seller made available to the Consumer before the conclusion of the contract and correspond to the description of such a sample or model;
      7. Products are delivered, where applicable, along with accessories, including the packaging, installation instructions or other instructions, which the Consumer may reasonably expect to receive; and
      8. Products are in such quantity and have such features and other functions, including in relation to durability, functionality, compatibility and safety, as are typical of goods of the same type and which the Consumer may reasonably expect, taking into account the specific nature of the Products and public statements made by the Seller or by other persons in previous links of the chain of transactions, including the manufacturer, or on behalf of the Seller or such other persons, in particular in advertising or on labelling.
    2. Digital content or a digital service comply with the sales contract if, where applicable, in particular:
      1. their description, quantity and quality, as well as the functionality, compatibility, interoperability and other features meet the conditions set out in the contract;
      2. they are fit for the particular purpose for which the consumer requires them and which the consumer made known to the Seller at the latest at the time of the conclusion of the contract, and which the Seller has accepted;
      3. they are supplied with all accessories, instructions, including on installation, and Customer assistance as required by the contract; and
      4. they are updated as stipulated by the contract;
      5. they are fit for the purposes for which digital content or digital services of the same type would normally be used, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct;
      6. they are in such quantity and possess the qualities and performance features, including in relation to functionality, compatibility, accessibility, continuity and security, normal for digital content or digital services of the same type and which the Consumer may reasonably expect, given the nature of the digital content or digital service and taking into account any public statement made by or on behalf of the Seller, or other persons in previous links of the chain of transactions, particularly in advertising or on labelling , unless the Seller shows that:
        (i) the Seller was not, and could not reasonably have been, aware of the public statement in question;
        (ii) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or
        (iii) the decision to acquire the digital content or digital service could not have been influenced by the public statement;
      7. they are delivered, where applicable, along with any accessories and instructions which the Consumer may reasonably expect to receive; and
      8. they comply with any trial version or preview of the digital content or digital service, made available by the Seller before the conclusion of the contract.
    3. Any lack of conformity resulting from the incorrect integration of the digital content or digital service into the Consumer's digital environment shall be regarded as lack of conformity of the digital content or digital service if:
      1. the digital content or digital service was integrated by the Seller or under the Seller's responsibility; or
      2. the digital content or digital service was intended to be integrated by the Consumer and the incorrect integration was due to shortcomings in the integration instructions provided by the Seller.
    4. The Customer 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. The Seller shall be liable to the Consumer for any lack of conformity with the contract which existed at the time of delivery and which became apparent within 2 years of that time. Any lack of conformity with the contract which becomes apparent within one year of the delivery of the Products to the Consumer shall be presumed to have existed at the time of delivery of the Products, unless the contrary is proven or unless this presumption is incompatible with the specific nature of the Products or the nature of the lack of conformity. This clause shall also apply to Products with digital elements.
      If the contract provides for a single delivery or a series of separate deliveries of digital content, the Seller shall be liable for any lack of conformity with the contract that exists at the time of delivery.
    5. Any complaints of the Buyers should be sent in writing or to the Seller's e-mail address: support@forever-limited.com. In order to improve the complaint process, the Seller provides a form, ready to be downloaded from the website: https://forever-limited.com/contact,2.html.
    6. 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.
    7. 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.)
    8. 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.
    9. If the complaint is rejected, the Goods shall be sent to the address indicated in the complaint or from which the complaint was sent. 
    10. 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.
    11. In order to exercise the Consumer's rights, the Consumer must inform the Seller of the lack of conformity of the Products with the contract within two months from the date on which the Consumer discovers such lack of conformity with the sales contract.
    12. In the case of a lack of conformity, the Consumer shall be entitled to have the Products brought into conformity, to receive a proportionate reduction in the price, or to terminate the contract under the conditions laid down in these Online Shop Regulations. In order to bring the Products into conformity with the contract, the Consumer may choose between repair and replacement, unless the chosen remedy would be impossible or, in comparison with other remedies, would impose costs on the Seller that would be disproportionate, taking into account all the circumstances of the case including:
      1. the value the Products would have if there was no lack of conformity with the contract;
      2. the significance of the lack of conformity with the contract; and
      3. the possibility of an alternative remedy without significant inconvenience for the Consumer.
    13. The Seller may refuse to bring the Products into conformity with the contract if repair and replacement are impossible or would involve disproportionate costs for the Seller, taking into account all circumstances.
    14. The Consumer has the right to a proportionate reduction in the price of the Product or to terminate the sales contract for the Product in the following cases:
      1. the Seller failed to repair or replace the Products or the Seller refused to bring the Products into conformity with the contract;
      2. a lack of conformity appears despite the Seller's attempt to bring the Products into conformity;
      3. the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or
      4. the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the Products into conformity within a reasonable time, or without significant inconvenience for the Consumer.
    15. The Consumer shall not be entitled to terminate the contract if the lack of conformity of the Products with the contract is only minor. The burden of proof to show that the lack of conformity with the contract is minor shall lie with the Seller.
    16. The Consumer shall have the right to withhold payment of the remaining price or part thereof until the Seller fulfils its obligations.
    17. Repair or replacement of the Products to the Consumer shall be carried out:
      1. free of charge;
      2. within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the contract; and
      3. without significant inconvenience for the Consumer, taking into account the specific nature of the Products and the purpose for which the Consumer acquired the Products.

        If the lack of conformity with the contract can be remedied by repair or replacement of the Products, the Consumer shall make the Products available to the Seller. The Seller shall collect the replaced Products at its own expense.
    18. The reduction in price shall be proportionate to the decrease in the value of the Products, which were received by the Consumer compared to the value that the Products would have if they were in conformity with the contract.
    19. The Consumer exercises the right to terminate the sales contract for the Product by submitting a statement to the Seller informing about the decision to terminate the sales contract. Where the lack of conformity relates to only some of the Products delivered under the sales contract and there is a ground for termination of the sales contract, the Consumer may terminate the sales contract only in relation to those Products, and in relation to any other Products which the consumer acquired together with the non-conforming Products if the Consumer cannot reasonably be expected to accept to keep only the conforming Products. If the Consumer terminates the sales contract as a whole or in relation to some of the Products delivered under the sales contract:
      1. the Consumer shall return the Products to the Seller at the Seller's expense, and
      2. the Seller shall reimburse the Consumer the price paid for the Products upon receipt of the Products or evidence provided by the Consumer of having sent back the Products.
    20. In the case of lack of conformity, the Consumer shall be entitled to have the digital content or digital service brought into conformity, to have a proportionate reduction in the price, or to terminate the contract under the conditions laid down in this item.
      The Consumer shall be entitled to have the digital content or digital service brought into conformity, unless this would be impossible or would impose costs on the Seller that would be disproportionate, taking into account all the circumstances of the case including:
      1. the value the digital content or digital service would have if there were no lack of conformity; and
      2. the significance of the lack of conformity with the contract.
    21. The Seller shall bring the digital content or digital service into conformity within a reasonable time from the time the Seller has been informed by the Consumer about the lack of conformity, free of charge and without any significant inconvenience to the Consumer, taking account of the nature of the digital content or digital service and the purpose for which the Consumer required the digital content or digital service. The consumer shall be entitled to either a proportionate reduction of the price where the digital content or digital service is delivered in exchange for a payment of a price, or the termination of the contract in any of the following cases:
      1. the remedy to bring the digital content or digital service into conformity is impossible or disproportionate;
      2. the Seller has not brought the digital content or digital service into conformity with the contract;
      3. a lack of conformity appears despite the Seller's attempt to bring the digital content or digital service into conformity;
      4. the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or
      5. the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the digital content or digital service into conformity within a reasonable time, or without significant inconvenience for the Consumer.

        The reduction in price shall be proportionate to the decrease in the value of the digital content or digital service which was delivered to the Consumer compared to the value that the digital content or digital service would have if it were in conformity. Where the digital content or digital service is supplied in exchange for the payment of a price, the Consumer shall be entitled to terminate the contract only if the lack of conformity is not minor. The Consumer shall exercise the right to terminate the contract by means of a statement to the Seller expressing the decision to terminate the contract. In the event of termination of the contract, the Seller shall reimburse the Consumer for all sums paid under the contract.
        After the termination of the contract, the Consumer shall refrain from using the digital content or digital service and from making it available to third parties. Where the digital content was supplied on a tangible medium, the Consumer shall, at the request and at the expense of the Seller, return the tangible medium to the Seller without undue delay. Any reimbursement that is owed to the Consumer by the Seller, due to a price reduction or termination of the contract shall be carried out without undue delay and, in any event, within 14 days of the date on which the Seller is informed of the Consumer's decision to exercise the right for a price reduction or to terminate the contract. The Seller shall carry out the reimbursement using the same means of payment as the Consumer used to pay for the digital content or digital service, unless the Consumer expressly agrees otherwise, and provided that the Consumer does not incur any fees as a result of such reimbursement. The Seller shall not impose any fee on the Consumer in respect of the reimbursement.

  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 case of a breach by the Buyer of these Regulations, The Seller wishing to terminate the contract for the provision of electronic services regarding the Account shall inform the Buyer at the e-mail address provided by him during registration, within 14 days before the planned date of deleting 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. All orders accepted by the Seller for execution before the date of entry into force of the new Online Store Regulations are implemented on the basis of the Online Store Regulations, which were in force on the day the order was placed by the Buyer.
    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). 

 

ONLINE SHOP REGULATIONS
www.forever-limited.com

The Regulations are valid from 02.11.2021


  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 prices on the Store's website placed next to the Goods are gross prices and do not include information on delivery costs and any other costs (including any customs fees) that the Buyer will be obliged to pay in connection with the concluded sales contract. The final price binding the parties to the sales contract is the price of the Goods contained on the Store's website at the time of placing the order by the Buyer. 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 total value of the Order is determined each time after the Buyer selects the form of delivery and specifies the form of payment. 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 or 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
      2. online payment - online pre-payment with the use of Przelewy24 operated by PayPro SA with its registered office in Poznań, Poland

 

  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 (pre-orders), or within the period of 3 weeks (in stock), 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 depended on the choosen country. Delivery costs also depend on the quantity and weight of the ordered products, and their final value will be visible to the customer in the order summary, before the final confirmation of the purchase.
    6. Additional shipping costs (including customs duties) may be added to the shipping cost. If the delivery address of the Goods is a country outside the territory of the European Union, the total value of the Order does not include any fees and taxes that could be required by the government of the country according to the place of residence or the seat of the Buyer. The Buyer may be required to pay, in particular: local fees or taxes in accordance with the local law applicable to him. 
    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 all over the World except the following territories: Burma, Central African Republic, Comoros, Cuba, Equatorial Guinea, Falklands, Guinea Bissau, Iran, Johnston Island, Kiribati, North Korea, Mayotte Island, Myanmar, Nauru, Niue, Saint Pierre and Miquelon, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Saint Helena, Sudan, Syria, Tajikistan, Tokelau, Turkmenistan, Tuvalu, Wake Island, Yemen.
    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 Customer and the Consumer shall have the right to withdraw from the remote agreement without stating the reason and without incurring any costs. If the Customer and 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 Customer and the Consumer has entered into possession of the Goods or in which a third party, other than the carrier and indicated by the Customer and 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: support@forever-limited.com, or by letter to the following address: al. Zwycięstwa 96/98, Gdynia, Poland.
    6. The Customer and 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 Customer and 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 Customer and the Consumer
      2. name or symbol of the returned Goods, 
      3. date of the receipt of the Goods by the Customer and 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 Customer and the Consumer a confirmation of receipt of the declaration of withdrawal from the agreement.
    9. If the Customer and 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 Customer and 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 Customer and the Consumer within 14 days of receiving the Customer and the Consumer certificate of withdrawal from the agreement, using the same method of payment used by the Customer and the Consumer, unless the Customer and the Consumer expressly agrees otherwise.
    2. The Seller may withhold the reimbursement of cash received from the Customer and the Consumer until the Goods have been received and verified or the Consumer has provided the proof of the Goods being returned, depending on which occurs first.
    3. The Customer and 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 Customer and 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.
    5. If, due to its nature, the Goods cannot normally be returned by post, the Seller shall inform the Consumer about the costs of returning the Goods.

 

  1. Reimbursement of the costs of delivery to the Customer and the Consumer.
    1. The Customer and 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 Customer and 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 Customer and 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 Customer and the Consumer when:
      1. the Seller has delivered the Goods to the Customer and 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 Customer and 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 Customer 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, but this period may not end before the expiry of the period specified in point 1.
    3. Any complaints of the Buyers should be sent in writing or to the Seller's e-mail address: support@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 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.
    7. If the complaint is rejected, the Goods shall be sent to the address indicated in the complaint or from which the complaint was sent. 
    8. 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 case of a breach by the Buyer of these Regulations, The Seller wishing to terminate the contract for the provision of electronic services regarding the Account shall inform the Buyer at the e-mail address provided by him during registration, within 14 days before the planned date of deleting 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. All orders accepted by the Seller for execution before the date of entry into force of the new Online Store Regulations are implemented on the basis of the Online Store Regulations, which were in force on the day the order was placed by the Buyer.
    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). 



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).

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