terms and conditions of use

I. Definitions

1. Definitions applied herein shall have following meaning:
a) Terms and Conditions - terms and conditions of Muflon Online shop for Consumers,
b) Shop - Muflon Online shop which is an Internet service by which orders for goods offered on its website at www.forzaaudioworks.com/en can be placed,
c) Muflon - "Muflon" Mateusz Przychodzień, Company with its seat at Opalińskiego Street 7, 01-645 Warsaw, Poland, NIP 5252358057, REGON 145926682
d) Consumer - consumer according to article 221 of Polish Civil Code - a civil person who purchases in the purpose not connected directly with its business activity,
e) Civil Code - legal act dated as of 23 April 1964 - Civil Code (published in the Journal of Laws No 16, position 93 with further amendments),
f) Act On Personal Data Protection - legal act dated as of 29 August 1997 - Act On Personal Data Protection (published in the Journal of Laws No 101, position 926 with further amendments),
g) Goods - product offered by the Shop, which purchase offer is published on the Shop’s website,
h) Date of conclusion of transaction - date of effective order placement,

II. General provisions

1. These Terms & conditions stipulate the terms of use of the Shop, including the rules of placing orders for the products in our shop.

2. Shop on www.forzaaudioworks.com/en is conducted by Muflon.

3. The Shop gives the Consumer a possibility to place an order for defined product which is offered by the Shop.

4. In order to use the Shop the Consumer’s data communications network shall meet the following minimal technical conditions:
- Computer with Web Browser

5. To place an order it is necessary to enter the Shop website available at www.forzaaudioworks.com/en, add a product into the basket, fill in data for the purpose of issuing a delivery address.

6. All prices shown at the Shop website are gross prices in EUR or USD and include value added tax.

 

III. Order placement

1. Placement of order by the Consumer is the basis for the goods to be prepared for delivery. Before placing an order it is required to accept Terms and Conditions.

2. The order can refer only to goods included in the offer presented on the Shop’s website at the time of placing the order.

3. The orders shall be performed in Poland and abroad.

4. Placing an order is possible only via the Shop’s website at www.forzaaudioworks.com/en, after accepting Terms and Conditions.

5. All products, except cable parts and components in the shop are made to order and require up to 14 business days of lead time.

6. For the purpose of placing and performance of order of goods offered by the Shop it is required to provide as well as agree to processing of the following personal data:
- name and surname,
- e-mail address,
- delivery address,
- contact number. 
Consent to processing of the Consumer’s personal data is required to duly perform the order. Providing personal data is voluntary, however refraining from providing data, lack of consent to processing data in relation to performance of order, providing incorrect data or negative verification of the Consumer’s data shall entitle the Shop to refrain from accepting the order.

7. After providing personal data and giving consent to its processing according to point III.5 of Terms and Conditions a summary of order shall be presented which shall include the sum of costs that the Consumer is obliged to bear in relation to performance of order. The sum of costs includes the price of ordered goods and delivery cost which dependently on the Consumer choice.

8. After making payment the order shall be transferred to performance and the Consumer shall be informed about such fact by a proper information given on the Shop’s website as well as via e-mail.

9. According to the rules of contract conclusion at a distance a transaction is deemed concluded after placing order in an effective manner by the Consumer.

10. The Shop shall not be liable for futile attempt of delivery of information concerning the order if it is due to incorrect data provided by the Consumer referred to in point III.5 hereof.

 

IV. Payment

1. The payment that includes price and delivery costs can be made at the time of placing an order by bank transfer, electronic payment system provided by PayPal (S.à r.l. & Cie, S.C.A. (hereinafter referred to as PayPal) or DotPay (Dotpay S.A., Wielicka Street 72, 30-552 Cracov, POLAND) depending on the Consumer’s choice. The aforesaid electronic payment systems are provided on the basis of a separate legal contract concluded between the aforementioned companies and CCIG.

2. The accepted ways of payment are:

a) Bank transfer to our bank account:

Bank information:

Beneficiery: Muflon Mateusz Przychodzień

Address of beneficiery: Opalińskiego 7, 01-645 Warszawa

SWIFT No.: NESBPLPW

Account number: 13 2530 0008 2016 1053 9589 0001 (Polish Zlotys)

Account number: PL83 2530 0008 2016 1053 9589 0002 (Euro)

Account number: PL29 2530 0008 2016 1053 9589 0004 (US Dollars)

b) Money transfer by PayPal

d) Credit card or debit card (Visa, Master Card) - on-line transaction through PayPal card authorization center.

V. Performance of order

1. After receipt of order the Shop shall send the Consumer via declared by him e-mail address data that relates to details and status of order in the form of:
a) payment conditions for price,
b) costs of delivery,

2. Neither Muflon nor the Consumer shall be liable for consequences that result from misfortune which neither Party could affect, in case such circumstances hindered or rendered impossible performance of contract (fire, flood, strike etc.).

VI. Delivery

1. Delivery is conducted depending on the Consumer’s choice by Polish Post and EMS (Express Mail Service)

2. Delivery costs shall be borne by the Consumer and are added to the price of ordered goods.

3. Potential change in mode of delivery which is made by the Consumer after the goods are sent form the Shop’s stock, which refers to change of place or date of delivery, can entail additional costs which shall be borne by the Consumer on delivery.

4. Delivery shall be made in Poland and abroad.

5. Duty & Tax.

Duty, customs tariffs and VAT are set by the local government and determined based on a combination of the destination of origin or manufacturing of the goods being purchased, and the classification of that merchandise in accordance with a harmonized system adopted and used by the local government.

a). Countries of European Union:

Our company operates in all countries of the EU. As a result of Schengen Agreement, any postage to other EU countries are not subject to any additional charges. When you add items to your basket and click on the Checkout button, we will calculate and guarantee the lowest possible order total in your preferred currency, including all shipping costs from Poland to the destination, and any applicable duties and taxes. The order total presented will be the exact amount that you will pay for order.

b). Other Countries

Consumer takes full responsability for any duty and/or tax charged on the parcel and oblgated to cover those fees. Muflon cannot determine the exact amount of these fees in advance.

6. The Consumer is obliged to control the condition of shipment in the presence of employee of Post In case of detecting that the goods are defective, incomplete or inconsistent with the order, the Consumer is entitled to refuse to accept the shipment by a complaint protocol that should be filled in and signed by the Costumer. The protocol shall also be signed by an employee of Post. Provisions of point VIII.1-6 hereof shall apply accordingly.

7. The order shall be deleted in case goods shall not be received at the delivery address which was provided by the Costumer, the Consumer shall be informed about such fact by a proper information send to provided e-mail address. In the term of 7 days upon receipt of e-mail message referred to above the Consumer in response to this message is entitled to provide another delivery address. Costs of second attempt of delivery shall be borne by the Consumer. In case of ineffective lapse of the term referred to in second sentence above the order shall be finally deleted.

8. All the packages shipped are cover by insurance:

a) Polish Post, up to 100Eu

b) EMS, for the full ammount of order.

In case of package getting lost, Muflon will cover the cost up to ammount of insurance.

VII. Withdrawal from a transaction

1. The Consumer is entitled to withdraw from the transaction within 10 calendar days of goods receipt, for any reason. In order to fulfill rights referred to in the preceding sentence, the Consumer should send a statement of withdrawal from the transaction in written form to the Muflon: Opalińskiego Street 7, 01-645 Warsaw, POLAND before expiration of the mentioned 10-day period. 

2. In the case of termination, the transaction is considered as not concluded and the Consumer is relieved of any obligations. Each party of the transaction is required to return to the received from that party in the same state. Returned goods cannot bear signs of use. The Shop shall be entitled to charge the Consumer costs incurred in connection with the return of goods in the wrong state. The products made to order (eg. Forza AudioWorks cables) due to their nature cannot be returned.

3. The Consumer which withdraws from the transaction is obliged to return to the Muflon goods which has received within 14 days from the date of withdrawing to the address of the Muflon: Opalińskiego Street 7, 01-645 Warsaw, POLAND. Shipping costs shall be borne by the Consumer. The Consumer is obliged to pack the goods in a way that ensures the safe transport of the consignment, under pain of charging the Consumer responsibility for damages caused during transportation. In the same 14-day period the Muflon undertakes to refund to the Consumer the sum received from the Consumer.

VIII. Warranty

1. The Shop bears liability to the Consumer for non-compliance with the order of the ordered goods.

2. All the products in the Shop are covered by 2-years warranty unless stated otherwise.

3. Terms and conditions of warranty for every product are listed in warranty card included in every order.

IX. Personal data protection

1. The Muflon is the administrator of personal data within the meaning of Article 7 paragraph 4 of the Act on the Personal Data Protection.

2. Disclosure of Consumer's personal data is voluntary, but obtaining this data by the Shop is necessary to make and perform Consumer's order.

3. To the extent that is necessary for the execution of the contract, Consumer's personal data are transferred under Article 31 of the Act on the Personal Data Protection to another data controller, e.g. to the courier company.

4. Consumers have the right to access their personal data, and also have the right to correct, supplement and extension under the provisions of the Act on Personal Data Protection, as well as the right to request temporary or permanently suspended or erased, if they are incomplete, outdated, untrue or collected in violation of the above Act, or are no longer required for the purpose for which they were collected.

5. On the basis of the principles mentioned in Article 23 of the Act on Personal Data Protection the Muflon has the right to process personal data in the event of permission from the Consumer.

X. Contact

1. The Consumer may send any notes and requests which refer to placing an order and functioning of the Shop by:
- e-mail address: matthew@forzaaudioworks.com
- letter sent to the Muflon address: Opalińskiego Street 7, 01-645 Warsaw, POLAND

2. The Shop will answer to written and e-mail questions as soon as possible by the Consumer's e-mail address.

XI. Final provisions

1. The Shop reserves a right to make changes in Terms & Conditions which shall be effective from the date of publication on the Shop's website. Any changes to Terms & Conditions shall not violate any rights acquired by the Consumer.

2. Only an adult natural person with a full capacity to enter in to legal transactions, in the meaning of the provisions of the Civil Code, can be a party of the agreement .

3. In any matters not regulated herein, the relevant provisions of Polish law shall apply.