Regulamin

§ 1. Definitions

1. Terms and Conditions - these Terms and Conditions, which define the rules for concluding distance sales contracts via the Online Store, the rules for performing such contracts, the rights and obligations of the parties to a Distance Sales Contract, and the complaint procedure. With respect to services provided by electronic means, the Terms and Conditions also constitute the terms and conditions referred to in Article 8 of the Polish Act on the Provision of Electronic Services.
2. Customer - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity, who concludes a Distance Sales Contract with the Seller.
3. Consumer - a consumer within the meaning of Article 22^1 of the Polish Civil Code. According to the statutory definition, a Consumer is a natural person who performs a legal transaction with an entrepreneur that is not directly related to that person's business or professional activity.
4. A natural person conducting a sole proprietorship who makes a non-professional purchase - a natural person concluding a Distance Sales Contract directly related to that person's business activity, where the content of that contract indicates that it is not of a professional nature for that person, in particular in view of the subject of the business activity performed by that person and made available pursuant to the provisions on the Central Register and Information on Business Activity, to whom the law grants the right to: withdraw from the contract under the rules granted to Consumers, apply the provisions on prohibited contractual clauses used in standard terms, and rely on liability under statutory warranty for defects in the item sold.

5. Seller, collection of firearms subject to a permit:

   Przedsiębiorstwo Handlowe Michał Kuropatwa
   Klonowa 14
   95-035 Ozorków
   NIP 9471550319
   REGON 472064610
   tel. +48 602 283 512
   sklep@saguaro-arms.com

   Office, collection of other parcels:
   Maszkowska 27/29
   95-035 Ozorków

6. Online Store - the website operated by the Seller, available at the electronic addresses: https://saguaro-arms.com, through which the Customer may obtain information about Goods and their availability and purchase Goods or order the provision of a service.
7. Distance Sales Contract - a contract for the sale of Goods/provision of services/supply of digital content (where applicable), concluded via the Online Store.
8. Goods - movable items that the Customer may purchase in the Online Store.
9. Privacy and Cookie Policy of the Online Store - a document specifying detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookie Policy constitutes Appendix No. 3 to the Terms and Conditions and is available at https://saguaro-arms.com/pol-privacy-and-cookie-notice.html.
10. Durable Medium - means any material or tool enabling the Customer or the Seller to store information addressed personally to them in a way that allows access to such information in the future for a period appropriate to the purposes for which the information is intended, and which allows the stored information to be reproduced unchanged, in particular email.
11. Electronic Order Form - the electronic order placement procedure made available by the Seller to the Buyer.
12. Electronic Return Form - the electronic return procedure made available by the Seller to the Buyer; available at https://saguaro-arms.com/returns-open.php.
13. Electronic Complaint Form - the electronic complaint submission procedure made available by the Seller to the Buyer; available at https://saguaro-arms.com/rma-open.php.
14. Order Submission - confirmation of the order by the Customer clicking the "Order and pay" button, treated as the Customer's binding declaration of intent to conclude a Distance Sales Contract with the Seller.
15. Account - a set of data stored in the Online Store and in the Seller's ICT system concerning a given Customer and the orders placed and Distance Sales Contracts concluded by that Customer, through which the Customer may place orders and, where available, cancel or edit them and conclude Distance Sales Contracts.
16. Order Service Rating and Ratings of Individual Goods - subjective statements and ratings assigned by the Customer in the form of stars from 1 to 5 for the Online Store after an Order has been completed.

§ 2. General provisions

1. Types and scope of services provided by electronic means:
   1. concluding online Sales Contracts - with respect to Goods sold in the Online Store,
   2. rules for registration and use of the Account within the Online Store,
   3. adding opinions, comments and ratings - the Customer may add an opinion or comment regarding their order,
   4. sending email messages in which the Seller confirms receipt of an order, any receipt of payment, and acceptance of the order for processing.
2. Use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
   1. current versions of web browsers, for example:
      • Firefox
      • Chrome
      • Internet Explorer
   2. any software for viewing PDF files.
3. Content posted on the Online Store's pages, including descriptions of Goods and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code. For the purpose of concluding a specific contract, such content becomes binding only when the Customer submits an order by clicking the "Order and pay" button.
4. The Seller makes these Terms and Conditions, together with Appendices, available through a link placed on the homepage before concluding a Distance Sales Contract, during its conclusion, and after its completion. The Buyer may download and print them.
5. In order to ensure the security of messages and data transmitted in connection with the services provided, the Online Store applies technical and organizational measures appropriate to the level of security of the services provided, in particular measures preventing unauthorized persons from obtaining and modifying personal data transmitted over the Internet.

§ 3. Orders

1. An order in the Online Store may be placed through an Account or by selecting the purchase without registration option, in which case an internal account is created on the basis of which the Customer may create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
2. A purchase is made by completing the Electronic Order Form available on the Online Store's pages. The selection of the Goods ordered is made by adding them to the shopping cart. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location indicated by the Customer. The Customer takes the appropriate technical steps based on the displayed messages.
3. After the Customer provides all necessary data, a summary of the order placed will be displayed. The order summary will include information concerning: data identifying the Seller, the subject matter of the order, the unit and total price of the ordered Goods, including delivery costs and other costs if applicable, the selected payment method, the selected delivery method, and the delivery time and costs.
4. If the subject matter of the contract is the supply of digital content not recorded on a tangible medium or services performed electronically or remotely, the Consumer, in an additional checkbox required to place the order and located on the Electronic Order Form, gives the following consent: "I consent to the supply of digital content not recorded on a tangible medium or to the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract, and I acknowledge the loss of the right to withdraw from the contract." The Seller will confirm receipt of the above consent by email.
5. In order to place an Order, it is necessary to provide in the Electronic Order Form the personal data marked as mandatory, accept the content of the Terms and Conditions, and submit the order by clicking the "Order and pay" button.
   1. Submission of the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Contract in accordance with these Terms and Conditions.
   2. The Distance Sales Contract is deemed concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing its number.
   3. After the Distance Sales Contract has been concluded, the Customer receives, by email, confirmation of the order placed, including: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general terms of the concluded Distance Sales Contract (Terms and Conditions of the Online Store together with Appendices No. 1 and 2), the Seller's data, information on the Seller's liability for the quality of the service, information on services provided by the Seller after the sale, and information on the method and consequences of withdrawal from the contract. Instructions on the method and consequences of withdrawal from the contract are included in Appendix No. 1.
   4. Until the Seller begins processing the order:
      1. The Customer may change the order using the technical solution available on the Electronic Order Form page and by going through the entire order placement path again. The order is changed by placing a new order, which replaces the previously placed order. Any payment made by the Customer is credited towards the new order, and in the event of an overpayment, it is refunded to the bank account from which the payment was made.
      2. The Customer may cancel the order by selecting the "cancel order" option available on the Electronic Order Form page.
   5. If the Customer cancels the order, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method as the one used by the Customer.
   6. The order completion time is from 1 to 30 business days counted from the date of conclusion of the contract.

§ 4. Payment

1. The Online Store offers the possibility of making payments in the form of prepayments. The option of payment with a deferred payment date is possible in situations individually agreed with the Seller.

2. Payment for Goods may be made in the manner selected when placing the order in the Electronic Order Form.

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3. Currently available prepayment methods in the Online Store are available at https://saguaro-arms.com/pol-payments.html.

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§ 5. Delivery

1. In the Electronic Order Form, the Customer selects the delivery method by marking the chosen option. The Seller reserves the right to change the delivery method selected by the Customer at no additional cost to the Customer.
2. If the Customer does not collect the Goods, resulting in the return of the Goods to the Seller, the Seller may withdraw from the sales contract. Withdrawal from the contract takes place by submitting a statement to the Customer by email.
3. In the situation referred to in item 2, the Seller is obliged to promptly refund the payment received from the Customer for the purchased Goods.
4. Currently available delivery methods in the Online Store are available at https://saguaro-arms.com/pol-delivery.html.

Conditions for returning goods in the online store www.Saguaro-Arms.com
Dear Customer

1. Goods may be returned within 14 days, provided that they are returned in unchanged condition.
2. Such condition is understood as the absence of any signs of use, disassembly or modification of the product.
3. Goods with scratches, damage to wood or bluing, or percussion nipples "peened" during so-called dry firing may not be returned.
4. All products sold by us have been inspected and lubricated before dispatch. There is no need to disassemble them or perform so-called "removal of factory grease". Disassembling firearms, which as a rule leaves marks, may be a reason for not accepting a return request.

§ 6. Withdrawal from the contract - electronic return form

1. A Buyer who is a Consumer and who has concluded a Distance Sales Contract may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sales Contract, the contract is deemed not to have been concluded.
2. The right to withdraw from the contract under the rules set out in Sections 6 and 7 of these Terms and Conditions also applies to a natural person conducting a sole proprietorship who makes a non-professional purchase.
3. The Seller will verify the entitlement of the person referred to in item 2 to submit a declaration of withdrawal from the Contract. Verification is performed by checking whether the concluded contract is not of a professional nature for that person, in particular by analyzing the PKD codes indicated in the Central Register and Information on Business Activity.
4. If it is determined that the purchase of Goods made in the Online Store by a person conducting a sole proprietorship was of a professional nature, the Seller will promptly, i.e. no later than within 3 business days from receipt of the declaration of withdrawal, inform the person submitting the declaration that due to the professional nature of the purchase, the right to withdraw does not apply and therefore the submitted declaration of withdrawal from the contract has no legal effect. If the Goods were physically returned together with the declaration of withdrawal, the Goods will be sent back at the expense of the person submitting the declaration and to the address previously provided in the Order. The Seller's response will be provided using the same method as the one used by the person submitting the declaration.
5. In the event of withdrawal from the contract, the Consumer bears only the direct costs of returning the Goods.
6. The Consumer's declaration must clearly express the Consumer's will to withdraw from the contract; in particular, the Consumer may:
   1. use the electronic return form available on the Online Store's website: https://saguaro-arms.com/returns-open.php.
   2. withdraw from the contract using the withdrawal form constituting Appendix No. 2, by sending it to the Seller's warehouse address.
   3. The Seller will promptly confirm, on a Durable Medium, receipt of the declaration of withdrawal from the contract submitted in the manner indicated in sub-items 1 and 2.
7. To meet the deadline, it is sufficient to send the declaration before the deadline expires.
8. The withdrawal period begins:
   1. for a contract under which the Seller delivers an item and is obliged to transfer its ownership - from the Customer's or a third party indicated by the Customer, other than the carrier, taking possession of the Goods, and in the case of a contract that:
      1. covers multiple items delivered separately, in batches or in parts - from taking possession of the last item, batch or part;
      2. consists of regular delivery of items for a specified period - from taking possession of the first of the items;
   2. for other contracts - from the date of conclusion of the contract.
9. The withdrawal form (Appendix No. 2 to these Terms and Conditions) and information concerning the exercise of the right of withdrawal (Appendix No. 1) are provided in the electronic form indicated in item 3.5.3 of these Terms and Conditions.
10. The right to withdraw from a Distance Sales Contract does not apply to contracts specified in Article 38 of the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2019, item 134), including contracts:
    1. where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
    2. where the subject matter of the performance is a non-prefabricated item manufactured according to the Customer's specifications or intended to satisfy the Customer's individualized needs;
    3. where the subject matter of the performance is an item delivered in sealed packaging which, after the packaging has been opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
    4. where the subject matter of the performance consists of audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
    5. for the supply of digital content and electronic licenses not recorded on a tangible medium, if performance began with the Consumer's express consent before the expiry of the withdrawal period and after the entrepreneur informed the Consumer of the loss of the right of withdrawal;
    6. where the subject matter is an item that deteriorates rapidly or has a short shelf life, and where the subject matter of the performance consists of items that, due to their nature, become inseparably combined with other items after delivery;
    7. for the supply of newspapers, periodicals or magazines, except for subscription contracts;
    8. concluded by public auction;
    9. for the provision of services in the field of accommodation other than for residential purposes, transport of goods, car rental, catering, or services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
    10. where the subject matter of the performance consists of alcoholic beverages whose price was agreed upon at the conclusion of the sales contract, whose delivery may take place only after 30 days, and whose value depends on market fluctuations beyond the entrepreneur's control;

§ 7. Effects of withdrawal from a sales contract for goods

1. Within 14 days from the date of receipt of the declaration of withdrawal from a sales contract for goods, the Seller will refund to the Consumer all payments made by the Consumer, including delivery costs corresponding to the cheapest delivery method offered by the Seller.
   1. The refund will be made using the same payment method as the one used by the Consumer.
   2. If the Consumer, in order to exercise the right of withdrawal, uses the Electronic Return Form, the funds will be refunded using the selected method and to the bank account provided by the Consumer.
2. If the Seller has not offered to collect the Goods from the Consumer, the Seller may withhold reimbursement of payments received from the Consumer until receiving the Goods back or until the Consumer provides proof of sending them back, whichever occurs first.
3. The Seller may offer to collect the item from the Consumer. However, if the Seller has not made such an offer, the Consumer should return the item to the Seller (or to a person authorized by the Seller to receive it) promptly, but no later than 14 days from the date on which the Consumer withdrew from the contract. To meet the deadline, it is sufficient to send the item back before the deadline expires. The Goods returned by the Consumer should be sent to the Seller's registered office or warehouse address.
4. The Consumer is responsible for any reduction in the value of the Goods resulting from use of the Goods beyond what is necessary to establish their nature, characteristics and functioning.

§ 8. Complaints

1. The Seller is obliged to deliver Goods free from physical and legal defects and is liable to the Customer for physical and legal defects of the purchased Goods under the rules set out in the Polish Civil Code.
2. If the Goods have physical or legal defects, the Buyer may submit a complaint to the Seller under the statutory warranty for defects:
   1. through the Electronic Complaint Form;
   2. in writing to the Seller's registered office address or by email to sklep@saguaro-arms.com.
   3. The complaint should specify the defect which, in the Buyer's opinion, the Goods have, the Buyer's demands towards the Seller and, if possible, document the defect. The Seller is obliged to respond to the complaint within 14 days from the date of its receipt. If the Seller does not respond within the above period, the complaint is deemed accepted. The Seller provides the response to the complaint to the Buyer in writing or on a Durable Medium.
   4. The steps the Buyer must take to submit a complaint, including the method of delivering the complained-about Goods to the Seller, are indicated at the individual stages of the Electronic Complaint Form.
   5. If the Seller considers the complaint justified, the costs of replacement, repair, including the shipping cost related to the complaint concerning the Goods, are borne by the Seller.
   6. The Seller will verify whether a complaint submitted by a natural person conducting a sole proprietorship who makes a non-professional purchase is non-professional for that person. Verification is performed by analyzing the PKD codes indicated in the Central Register and Information on Business Activity.
   7. If, following a complaint submitted by a Consumer, the dispute has not been resolved, the Seller provides the Consumer, on paper or another durable medium, with a statement on:
      1. the intention to apply for the initiation of proceedings concerning out-of-court resolution of consumer disputes or consent to participate in such proceedings, or
      2. refusal to participate in proceedings concerning out-of-court resolution of consumer disputes.

§ 9. Reviews

1. Within a specified period after completion of the Order, a Customer who has an Account may be asked by email to add an Order Service Rating and ratings of individual Goods. The Order Service Rating and ratings of individual Goods are voluntary and free of charge, and to provide them the Customer should click a link that redirects to a separate page. For one order, the Customer may add the above Ratings only once.
2. As part of the above Ratings, the Customer may assign a rating in the form of stars from 1 to 5 and add a written statement limited to 65,535 characters. The above Ratings are automatically signed with the Customer's first name and city indicated by the Customer during Account registration.
3. Ratings are stored and publicly displayed on the Online Store's website, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
4. As a rule, the Seller does not interfere with the content of Ratings, but reserves the right to hide them in whole or in part if they contain content that is clearly false, misleading, constitutes spam, is hateful, or materially does not correspond to the actual properties of the goods. The purpose of such moderation is to prevent the publication of information that could mislead other Customers. The Buyer is solely and independently responsible for statements made as part of Ratings.
5. It is prohibited to post content containing false, misleading, vulgar, aggressive or offensive information, or content that is obviously contrary to good morals. It is also prohibited to post unlawful content, content that infringes the rights of third parties, or content constituting an act of unfair competition.
6. The Customer undertakes not to post content containing links to external websites that are promotional or advertising in nature, or containing personal data of third parties. It is also prohibited to post unlawful content, in particular content constituting an act of unfair competition, etc.
7. The Customer is responsible for statements edited and posted by the Customer, in particular the Customer is responsible for infringement of the rights or personal interests of third parties.
8. At the Customer's express request, the content of Ratings may be hidden from other users of the Store, but the star rating given is included in the overall rating of the Store and the Goods.

§ 10. Intellectual property

1. The Customer declares that the Customer has no rights, including copyrights or related rights, to the Ratings and statements posted by the Customer, other than the right to use the Online Store in the manner specified in the Terms and Conditions. The Customer is not entitled to record, reproduce, make available, publicize or distribute any content, unless such entitlement results from legal provisions or the Terms and Conditions.
2. The Customer is not entitled to interfere in any way with the content, in particular with the content, structure, form, graphics, operating mechanism or any other elements of the Online Store.
3. By posting Ratings in the Online Store that constitute works within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights, the Customer grants the Seller a non-exclusive, free-of-charge license, unlimited in time and territory, to use such works by the Seller, together with the right to grant sublicenses, including making the work publicly available in such a way that anyone may access it at a place and time of their choosing (Internet). The license is granted for all fields of exploitation known at the time of granting, in particular the following fields of exploitation:
   1. recording and reproducing the work by any technique, in particular printing, reprographic, magnetic and digital techniques, i.e. using any techniques on any audiovisual or visual medium, in particular audiovisual discs, CDs, computer disks, multimedia networks, including Internet and related online services, as well as reproduction, recording, use on the Internet, in advertising, and reproduction of records in electronic form in computer memory and in internal and external networks,
   2. using the whole or fragments or any elements of the work, with the possibility of making modifications resulting from the nature of a given Internet medium, in all publications, in particular Internet, digital, newsletters and information materials, independently or in combination with other works or fragments of works; using the whole or part of the work for promotional and advertising purposes, in particular in audiovisual, audio and media advertising,
   3. with respect to trading in the original or copies on which the work has been recorded - placing on the market, lending, or leasing the original or copies,
   4. with respect to distributing the work in a manner other than specified above - public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that anyone may access it at a place and time of their choosing,
   5. use of works for promotional and marketing purposes;
4. Deletion of the Account by the Customer or deletion of a Rating pursuant to Section 9 item 8 does not affect the validity of the above license.

§ 11. Final provisions

1. These Terms of Use are effective from 2025.01.03.
2. If any provision of these Terms and Conditions is amended or invalidated by a decision of a competent authority or court, the remaining provisions remain in force and bind the Seller and the Customer.
3. Polish law is the governing law for resolving all disputes related to the Terms and Conditions. Such disputes will be resolved by the locally competent common court. A Customer who is a Consumer may also use out-of-court methods of handling complaints and pursuing claims. All information concerning out-of-court methods of handling complaints and pursuing claims may be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we inform you that the indicated procedures are voluntary and both parties must consent to them.
4. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that the online dispute resolution platform for consumers and traders at EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is a website providing a single point of entry for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts or service contracts.

§ 12. Appendix 1 - Information concerning the exercise of the right of withdrawal

1. The right to withdraw from the contract under the rules below also applies to a person conducting a sole proprietorship who makes a non-professional purchase, i.e. one resulting in particular from the subject of the business activity performed by that person and made available pursuant to the provisions on the Central Register and Information on Business Activity. The right to withdraw from the contract under the rules below applies to Consumers. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:
   1. in the case of a sales contract, from the day on which you acquired possession of the item or on which a third party other than the carrier and indicated by you acquired possession of the item;
   2. in the case of a contract obliging transfer of ownership of multiple items that are delivered separately, from the day on which you acquired possession of the last item or on which a third party other than the carrier and indicated by you acquired possession of the last item;
   3. in the case of a contract obliging transfer of ownership of items delivered in batches or in parts, from the day on which you acquired possession of the last batch or part or on which a third party other than the carrier and indicated by you acquired possession of the last batch or part;
   4. in the case of contracts for regular delivery of items for a specified period, from the day on which you acquired possession of the first of the items or on which a third party other than the carrier and indicated by you acquired possession of the first of the items;
   5. in the case of contracts whose subject matter is the provision of services or digital content not delivered on a tangible medium - from the date of conclusion of the contract.
2. To exercise the right of withdrawal, you must inform us, i.e.: Przedsiębiorstwo Handlowe Michał Kuropatwa, license of the Polish Ministry of the Interior and Administration No. B-050/2010, Klonowa 14, 95-035 Ozorków, tel. +48 602 283 512, sklep@saguaro-arms.com, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or email).
3. You may use the model withdrawal form, but this is not mandatory.
4. You may also complete the Electronic Return Form available on the Online Store's website: https://saguaro-arms.com/returns-open.php. If you use this option, we will promptly send you confirmation of receipt of the information on withdrawal from the contract on a durable medium.
5. To meet the withdrawal deadline, it is sufficient for you to send the information concerning the exercise of your right of withdrawal before the withdrawal period expires.
6. In the event of withdrawal from this contract, we will refund to you all payments received from you, including the cost of delivering the item (except for additional costs resulting from your choice of a delivery method other than the cheapest ordinary delivery method offered by us), promptly and in any case no later than 14 days from the date on which we were informed of your decision to exercise the right of withdrawal from this contract. We will make the refund using the same payment methods as those used by you in the original transaction, unless you have expressly agreed otherwise.
7. In the case of contracts obliging transfer of ownership of items, where we have not offered to collect the Goods in the event of withdrawal from the contract, we may withhold reimbursement until we have received the item back or until you have supplied evidence of having sent it back, whichever occurs first.
8. Please send the returned item to the following address: Przedsiębiorstwo Handlowe Michał Kuropatwa, license of the Polish Ministry of the Interior and Administration No. B-050/2010, Klonowa 14, 95-035 Ozorków, promptly and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the 14-day period expires. You will have to bear the direct costs of returning the item.
9. Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract, sending the Goods back may involve higher costs than ordinary postage. If you wish to use courier services, it may be necessary to send the parcel on a pallet, which is more expensive than ordinary postage.

§ 13. Appendix 2 - Model withdrawal form