Terms of sale
Online Sales Terms and Conditions v.1
Preliminary Provisions
The Seller is:
Company Name: PARK WOLA SPORT SP. Z O.O.
Company Address: UL. SODOWA 5; 30-376 KRAKÓW
Tax Identification Number (NIP): 677 244 00 73
You can contact the Seller:
via email: kontakt@parkwola.pl
via address: UL. SODOWA 5; 30-376 KRAKÓW
via phone number: +48 660 808 111
These terms and conditions define the rules for providing electronic services and the terms and conditions for concluding distance contracts with the Seller for the sale of Entry Tickets. The regulations define in particular the rights and obligations of the Parties, as well as the procedure for complaint handling.
These Terms and Conditions are the regulations referred to in Article 8(1)(1) of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws 2017.1219 of June 24, 2017, as amended).
The Terms and Conditions are made available free of charge via the website, which allows obtaining, reproducing, recording, and printing the content of the Terms and Conditions.
§1. Definitions
Customer – a natural person (including a Consumer) who is at least 13 years old, provided that if the person is not of legal age, consent from their legal representative or guardian is required, as well as a legal person or an organizational unit without legal personality, which the law grants legal capacity, who uses the service provided electronically by the Seller.
Consumer – a natural person who performs a legal action with an entrepreneur (Seller) not directly related to their business or professional activity.
Sales Panel – a set of cooperating IT devices and software that enables the provision of electronic services and the conclusion of a distance contract with the Seller, located on the Seller’s website.
Entrepreneur with consumer rights – a natural person concluding a contract directly related to their business activity, where the content of this contract shows that it does not have a professional character for that person, particularly resulting from the subject of their business activity made available under the provisions on the Central Register and Information on Economic Activity.
Seller – An entity selling the opportunity to use a service at a service facility. Registration and contact details for the Seller are visible in the Sales Panel, just below the order finalization button.
Online Payment System – Autopay S.A. (formerly Blue Media S.A.), based in Sopot at ul. Powstańców Warszawy 6, registered in the District Court Gdańsk – North in Gdańsk, VIII Commercial Division of the National Court Register under KRS number 0000320590, with a share capital of 2,000,000 PLN (fully paid), NIP: 585-13-51-185; entered in the register of payment service providers under number IP17/2013.
Sales Agreement – means a sales agreement concluded at a distance between the Customer and the Seller under the terms specified in the Terms and Conditions.
Entry Ticket – confirmation of the conclusion of a contract for the use of an admission service to an amusement park concluded with the Seller, for a specified time or date indicated on the Entry Ticket, during the opening hours and dates of the service facility, and, if explicitly indicated during the purchase and on the Entry Ticket, after prior reservation of the date. If the Entry Ticket does not specify the number of persons who may use the services at one time, the Entry Ticket authorizes the use of the services by one person.
Order – a declaration of the Customer’s will, directly aimed at concluding a distance contract via the Sales Panel, specifying the type and number of Entry Tickets.
E-receipt – is a fiscal document in electronic form, the scope of which is regulated by the Act on Value Added Tax of March 11, 2004, the Regulation of the Minister of Finance on cash registers, and the Regulation of the Ministry of Entrepreneurship and Technology on the criteria and technical conditions that cash registers must meet.
§2. General information indicating how to use the offer
General information indicating how to use the offer, such as the availability of the facility and the rules for using the facility, are indicated on the Seller’s website.
§3. Types, scope, and conditions of electronic service provision
The Seller provides the following services via the Sales Panel:
a service enabling familiarization with the Seller’s offer, a service enabling the conclusion of an online (distance) contract by ordering an Entry Ticket by the Customer, a service for sending the Entry Ticket to the email address provided by the Customer.
The technical requirements for using the services available through the Sales Panel are as follows: having a device connected to the Internet; a web browser that allows displaying hypertext documents available on the Internet on the Customer’s device screen with JavaScript enabled: Google Chrome / Google Chrome Mobile version 63 or newer, Mozilla Firefox version 52 or newer, Opera version 58 or newer, and Internet Explorer version 11 or newer, or other compatible browsers; having a current, active, properly configured email account.
§4. Rules for providing electronic services and the conditions for concluding and terminating electronic service agreements
The Customer’s use of the services covered by the Terms and Conditions is equivalent to concluding an agreement for the provision of electronic services available through the Sales Panel without the need to conclude a separate agreement. If the Customer stops using the services provided through the Sales Panel, the electronic service agreement is automatically terminated without the need for additional declarations upon leaving the Sales Panel, except for the service of sending the Entry Ticket to the email address, which is terminated after the Entry Ticket is sent to the email address provided by the Customer.
The possibility of using services: a service enabling the conclusion of an online (distance) contract by ordering an Entry Ticket by the Customer, a service for sending the Entry Ticket to the email address provided by the Customer, depends on placing an order for the Entry Ticket, according to the rules described in § 4.
The service of sending the Entry Ticket to the email address provided by the Customer occurs after concluding the sales contract for the Entry Ticket. The Customer can start and end the service enabling the conclusion of an online (distance) contract by ordering the Entry Ticket at any time.
The possibility of using the free service: a service enabling familiarization with the Seller’s offer is always provided on the individual request of the Customer. The Customer can start and end the service at any time. Leaving the website where the Sales Panel is located means that the Seller has ceased providing the service to the Customer. The Customer is obliged to use the Store in accordance with the law and good manners, taking into account respect for the personal rights and intellectual property rights of third parties. The Customer is obliged to provide data consistent with the actual state. The Customer is prohibited from providing unlawful content.
§5. Conclusion of sales contracts and payment methods
To place an order, the Customer should select the Entry Ticket or Tickets available in the Sales Panel, specify their quantity, choose any additional parameters required in the form, accept these Terms and Conditions, the Privacy Policy, and the Facility Regulations, and take further technical steps based on the messages or information displayed on the website. To complete the order, the Customer must provide all necessary data to enable its execution, which are indicated as required fields in the Sales Panel. The total value of the order and the final price of the order are displayed in the payment summary, visible before the final confirmation of the order by the Customer.
After clicking the “Proceed to payment” button, the Customer will be redirected to the online payment system to make a payment for the order. The Customer makes the payment via the Online Payment System and must accept the Online Payment System’s Terms and Conditions to make the payment.
The entity providing online payment processing is the Online Payment System. The following online bank transfers and payment methods are available:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
When the Customer is redirected to the online payment system, they should immediately initiate payment for the Order. If the Online Payment System does not record payment for the order within a specified time, the ordered services return to the pool of available services, and if the money is received after this time, it will be automatically returned to the Customer. To reorder Entry Tickets, the Customer must fill out the order form again and make a payment. A Customer who makes a successful payment concludes a sales contract. Confirmation of the contract is receiving the Entry Ticket to the email address provided in the Sales Panel form.
The Entry Ticket constitutes proof of purchase.
The Customer is obliged to pay for the purchased Entry Ticket, including any ordered add-ons, and in the case of ordering multiple units, the prices of individual Entry Tickets are added together. The total price is given in the order form filled out by the Customer. After the Customer selects the payment method and, if applicable, delivery, they will be informed of the total order price, including any delivery costs (summary), before confirming the order.
Ticket prices are given in Polish zlotys. The Seller informs the Customer of the gross price. The gross price includes all components, including VAT.
The Seller fulfills the obligation to the Customer by enabling them to exercise their rights – using the service at the time and on the terms specified during the purchase and on the Entry Ticket, as well as on the terms of the Facility Regulations, if the Facility Regulations were indicated during the purchase.
Incorrectly provided data in the form can be reported to the Seller for correction by sending an email message to the Seller’s address or contacting them via the phone number.
The Customer can communicate with the Seller via the email address or phone number of the Seller.
The Seller is not responsible for any incorrectly or falsely provided data by the Customer.
§6. Withdrawal from the contract
For Entry Tickets for which a specific day or period of service provision is designated and which concern contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision, the Buyer is not entitled to the right to withdraw from the distance contract and get a refund. This results from Article 38(1)(12) of the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended).
Within 14 days of purchasing the Entry Ticket, the Customer may withdraw from the contract without providing reasons, by notifying the Seller in writing via email to the Seller’s address visible in the footer of the Sales Panel. The notification should include the Entry Ticket that is the subject of the return.
The Seller will immediately send the Customer an email confirming receipt of the withdrawal statement upon receiving the statement of withdrawal from the Sales Agreement.
If the return is possible, the refund to the Customer will be made immediately, no later than 14 days from the date of receipt of the withdrawal statement, electronically using the same payment method used by the Customer to purchase the Entry Ticket.
The Seller has the right to terminate the contract, indicating a valid reason. To this end, the Seller will immediately inform the Customer in writing about the occurrence at the email address used to purchase the Entry Ticket and offer a replacement for an equivalent service or a refund. If the Customer does not agree to the replacement, the Seller will refund all payments made by the Customer regarding the Entry Ticket to which the contract applies within 14 days of notifying the Customer of the termination of the contract.
In case of withdrawal from the Sales Agreement, it is considered not concluded.
The provisions of § 6 of the Terms and Conditions also apply to Entrepreneurs with consumer rights.
§7. Complaints, Warranty for Defects
The Seller makes every effort to ensure that the services covered by the Entry Ticket are provided without defects and in accordance with the service description.
In case of non-compliance of the Entry Ticket with the concluded Sales Agreement, the Consumer or Entrepreneur with consumer rights is entitled to the rights specified in the provisions of Chapter 5A (Articles 43a and following) of the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended).
With regard to Customers who are Entrepreneurs, the warranty is excluded.
The Seller is liable for the non-compliance of the Entry Ticket with the Sales Agreement existing at the time of its delivery and revealed within two years from that time unless the suitability period of the Entry Ticket for use specified by the Seller is longer.
The Entry Ticket is in compliance with the contract if:
its description, type, quantity, quality, completeness, and functionality, in particular, comply with the contract;
its suitability for a specific purpose for which the Consumer needs it, about which the Consumer notified the Seller no later than at the time of concluding the contract and which the Seller accepted;
it is suitable for the purposes for which goods of that kind are usually used, taking into account the applicable legal regulations, technical standards, or good practices;
it has the quantity and characteristics, including durability and safety, typical of goods of that kind and which the Consumer can reasonably expect, considering the nature of the goods and the public assurance made by the entrepreneur, its legal predecessors, or persons acting on their behalf, especially in advertising or on the label, unless the entrepreneur proves that:
they did not know about the public assurance and, when assessing reasonably, could not have known about it,
before concluding the contract, the public assurance was corrected, maintaining the conditions and form in which the public assurance was made, or in a comparable way,
the public assurance did not affect the Consumer’s decision to conclude the contract.
The Seller is not responsible for the non-compliance of the Entry Ticket with the contract to the extent mentioned above if the Consumer was explicitly informed, no later than at the time of concluding the contract, that a specific feature of the Entry Ticket deviates from the contract’s requirements and explicitly and separately accepted the lack of a specific feature.
Complaints should be directed in writing via email to the Seller’s address. The notification should include the Entry Ticket to which the complaint pertains. The complaint should include a description of the situation.
Each written complaint will be considered within 28 days of delivery.
In case of deficiencies in the complaint (e.g., lack of the Entry Ticket), the Seller will ask the Customer to complete it to the necessary extent immediately, but no later than within 28 days from the date of receipt of the request by the Customer.
§8. Disputes
Unless otherwise provided by mandatory applicable law, any disputes concerning contracts concluded between the Seller and the Customer will be resolved by the court competent for the Seller’s registered office.
In the case of disputes involving a Consumer, there is the possibility of using out-of-court ways to handle complaints and claims. Detailed information can be found on the websites of county (city) consumer advocates, social organizations whose statutory tasks include consumer protection, voivodeship inspectorates of the Trade Inspection, and at the following address of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php.
The Seller informs that under the Regulation of the European Parliament and the Council (EU) No. 524/2013 of May 21, 2013, an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr/.
The use of available out-of-court ways to handle complaints and claims is possible after the complaint procedure has been completed and is voluntary – the Seller will individually express or refuse consent in each case.
§9. Final Provisions
The recognition of individual provisions of these Terms and Conditions as invalid or ineffective in a manner provided by law does not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. In place of the invalid provision, a rule that is closest to the purpose of the invalid provision and the entire Terms and Conditions will be applied.
In matters not covered by these Terms and Conditions, the provisions of the applicable law in the territory of the Republic of Poland apply, in particular, the Act of April 23, 1964, Civil Code (i.e., Journal of Laws of 2022, item 1360, as amended), the Act of July 18, 2002, on the provision of electronic services (i.e., Journal of Laws of 2020, item 344), the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended).
The Seller reserves the right to change these Terms and Conditions. Changes to the Terms and Conditions are effective from the moment they are indicated and placed in the Sales Panel. The previous Terms and Conditions apply to contracts concluded before the change of the terms and conditions (the version in force at the time of concluding the contract, so the change of the terms and conditions will not apply to contracts previously concluded).
§10. E-receipt
The Seller may, but is not required to, issue an e-receipt. The provisions of this paragraph apply when the Seller decides to issue an e-receipt.
The condition for issuing an e-receipt is the Customer’s consent to receive it.
The Customer agrees to issue an e-receipt by accepting the Store’s Terms and Conditions.
The Customer receives access to the e-receipt via a hyperlink provided by the Seller to the email address provided in the order. The Customer’s access to a readable form of the e-receipt is equivalent to issuing the e-receipt.
If there are problems accessing the e-receipt, the Customer should check the SPAM folder and contact the Seller immediately.
The hyperlink to the e-receipt will be active for 6 years from the moment of its creation.
The Seller may also send a one-time notification to the Customer to the phone number provided in the order to inform them about the issuance and delivery of the e-receipt.