Terms and Conditions
By accessing, browsing or using our (mobile) website to make purchases you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including the privacy statement). While the website is presented in English, any transactions entered through the Store are subject to the laws of Poland and the European Union.
§1
General
1. The website Phobos Foundry, available at phobosfoundry.com and shapeshiftminis.com, is operated by Phobos Foundry Marcin Golab, a company registered in Poland, figuring in the Central Registration and Information on Business (CEIDG) under the tax identification number (NIP) 534-233-26-82 and company registration number (REGON) 364289524.
2. The Terms and Conditions contained herein are directed towards Consumers and describe the rules and methods by which Consumers enter a Sales Contract using the online Store.
§2
Definitions
1. Consumer – a natural person whose professional or business activity is not directly related to the object of the transaction, entering an Online Contract with the Seller using the online Store.
2. Seller – a natural person conducting business under the name Phobos Foundry, registered in the Central Registration and Information on Business (CEIDG) under the tax identification number (NIP) 534-233-26-82 and company registration number (REGON) 364289524.
3. Customer – any entity making a purchase using the online Store.
4. Store – the online store operated by the Seller, available at www.phobosfoundry.com and www.shapeshiftminis.com
5. Online Contract – a contract between the Client and the Seller, entered into within the framework of an organised system for entering online contracts (i.e. the Store), without the simultaneous physical presence of both parties, using only one or more means of telecommunication up until and including the moment of entering the contract.
6. Terms of Use – the terms and conditions of using the Store described on this page.
7. Order – a declaration of the Customer's will, placed using the Order Form and aimed directly at entering a Product or Products Sales Contract with the Seller.
8. Order Form – an interactive form available at the Store which enables placing an Order, especially by adding Products to the Cart and determining the conditions of the Sales Agreement, including delivery and payment methods.
9. Cart – an element of the Store infrastructure in which Products that the Client has chosen to purchase are visible, and which offers the ability to determine and modify the Order details, especially the number of products.
10. Product – goods and services made available through the Store that are the subject of the Sales Agreement between the Client and the Seller.
11. Sales Contract – a contract regarding the sale of a Product which is being entered into or has already been entered into by the Client and the Seller using the online Store. The Sales Contract can also mean – depending on the Product – a service agreement.
§3
Contacting the Store
1. The Seller's address: Phobos Foundry Marcin Golab, Chopina 21a, 05-805, Kanie, Poland
2. The Seller's e-mail address: support@phobosfoundry.com
3. The Seller's bank account number: 68 1140 2004 0000 3512 0494 4437
4. The Client may contact the Seller using the addresses provided in this paragraph.
§4
Technical requirements
To access the Store, browse Products and place Orders, the Client needs:
a. a device with Internet access and a web browser, such as FireFox, Google Chrome or other,
b. an active e-mail account,
c. enabled support for cookie files,
d. the ability to play YouTube videos
§5
General information
1. In the broadest scope allowed by law, the Seller will not be held liable for technical difficulties, including lack of access to the Store, caused by force majeure, prohibited behaviour of third parties or the incompatibility of the Store with the Client's technical infrastructure.
2. Browsing the Store does not require registering an account. Placing Orders for Products available in the Store is possible if the Client inputs the necessary contact information and a physical address required to send him/her the Products.
3. The prices shown in the Store are provided in Euros and include 23% VAT. At present we are unable to deduct this tax even for Clients outside the European Union.
4. The final price paid by the Client includes both the price of the Product and the cost of shipping (transportation fees, delivery and postal services). The Client is informed about the latter in the process of placing an Order, including the moment of entering the Sales Agreement.
5. In case of Agreements concerning subscriptions the final price is the total price of all the payment instalments for the agreed-to period.
6. When the subject of the Agreement does not allow for a reasonable assessment of the final price, the information about the way in which the price will be calculated, including shipping fees, delivery, postal services and other costs will be included in the Product description available in the Store.
§6
Placing an Order
At present, Orders in the Store are placed without registering an account.
1. Choose the Product you want to Order and click the “Add to Cart” or “Buy Now” button.
2. Proceed to the checkout screen and fill in the Order form with your information and the address to which the Product will be shipped. Choose a shipping option (the mode of delivery of the Product) and payment method.
3. You will be prompted to enter your payment information depending on the payment method you chose. Make your payment.
§7
Available payment and delivery methods
1. The Product will be shipped using a courier service that offers the cheapest method of delivery to the address specified by the Customer and available to the Seller, determined by country. The Seller chooses the courier service depending on the offered rates from among: DPD, GLS, FedEx and UPS.
2. The shipping fee is added to the price of the Product on the Cart and Checkout pages after the customer specifies the preferred delivery address.
3. Postage and handling will vary depending on the current EUR/PLN exchange rate and surcharges. The Seller reserves the right to change shipping costs to reflect current market rates and additional fees. Therefore, no fixed rates for postage and handling will be specified in the Store. Instead, the Customer is encouraged to check the final price on the Cart and Checkout pages, as specified in point 2. above.
4. The Client may choose one of the following payment methods:
a. Bank transfer to the Seller's account
b. Electronic payment via PayPal
c. Debit or credit card payment via Braintree Payments
5. If using options b and c, the Customer's payment data does not pass through the Seller's server.
§8
Fulfilment of the Sales Contract
1. The Sales Contract between the Client and the Seller becomes binding after the Client places an Order using the Order form available in the Store, in the manner described in §6.
2. After the Order is placed, the Seller immediately confirms its reception and begins to process the Order. The confirmation of the Order and information about it being processed takes place via an e-mail message sent by the Seller to the address specified by the Client during checkout. This message will contain at least a statement acknowledging that the Seller has received the Order and has begun processing it, as well as a confirmation of entering into a Sales Contract. The moment in which the Client receives this message is when the Sales Contract becomes binding.
3. In case the Client chooses to pay via bank transfer, electronic payments or debit/credit, the Client is obligated to make the payment within 2 business days after the Sales Contract becomes binding – otherwise the Order will be voided.
4. The Product will be shipped by the Seller within a time period specified in the Product's description (with the exception of point 5 in this paragraph), in the manner specified by the Client.
5. If the Client orders Products with different delivery times, the binding delivery time is the longest one specified.
6. Products can be shipped to destinations in Europe and North America.
7. The Client will pay the costs of shipping the Product unless the Sales Contract specifies otherwise. The shipping costs (including transport and delivery fees as well as postal services) are shown to the Client when the Order is placed, including the moment when the Client expresses the will to enter into the Sales Contract.
§9
The right to withdraw from the Agreement
1. The Consumer may withdraw from the Sales Contract within 14 days without specifying any reason for doing so.
2. The period specified in point 1 begins at the moment in which the Product is delivered to the Consumer or another person indicated by the Consumer who is not the delivery person.
3. In the case of a Contract pertaining to the periodical delivery Products throughout a certain time period (subscription), the time period indicated in point 1 begins when the Client acquires the first item.
4. The Consumer may withdraw from the Contract by sending a declaration of doing so to the Seller. In order for the Consumer not to overstep the bounds of the time period provided for withdrawing from the Contract it is sufficient for the Consumer to send the declaration before this time period ends.
5. The Declaration discussed in point 4 can be sent via email to the following address: returns@phobosfoundry.com
6. The Seller will notify the Consumer about receiving this declaration promptly by sending a message to the e-mail address specified by the Consumer.
7. Effects of withdrawing from the Contract:
a. In case of withdrawing from an Online Contract, the Contract is considered void.
b. The Seller will return all the payments made by the Consumer within 14 days of receiving the Consumer's declaration of withdrawing from the Contract. The returned payments will include shipping costs, apart from any extra fees resulting from choosing any method other than the cheapest, standard delivery method offered by the Seller.
c. The amount paid by the Consumer will be returned using the same payment method that the Consumer originally used to make the payment, unless the Consumer explicitly agreed to another method which does not produce extra fees for either party.
d. The Seller will withhold returning the Consumer's payment until the time of receiving the Product back, or until the time of receiving proof that the Product has been sent back, whichever happens first.
e. The Consumer will return the Product to the address specified by the Seller in this document within 14 days of informing the Seller of withdrawing from the Agreement. The Product must be sent back before the 14 day period ends.
f. The Consumer pays the direct costs of returning the Product, including any costs exceeding regular postage if the Product, due to its nature, cannot be returned using standard postal services.
g. The Consumer will be held liable for diminishing the value of the Product only if the Product was used for purposes other than determining the nature, features and functionality of the Product.
9. If, due to its nature, the Product cannot be sent using standard postage services, this information will be provided in the Product's description along with the costs of returning the Product.
10. The Consumer has no right to withdraw from the Online Contract if said Contract:
a. pertains to an object that has not been prefabricated, or has been fabricated to the Consumer's specifications, or serves to satisfy the Consumer's personalised needs,
b. pertains to an object that is delivered in a sealed container and which, due to health hazards or hygiene concerns, cannot be returned after the container has been opened,
c. pertains to goods perishable within a short time frame, or which have a short use-by date,
d. pertains to a service which the Seller has fully performed after receiving the Consumer's express consent, if, prior to the service being performed, the Consumer was informed that rendering the service would void the right to withdraw from the Contract,
e. pertains to goods or services the price of which is dependent upon fluctuations in the financial markets over which the Seller has no control, and which can occur before the time frame for withdrawing from the Contract elapses,
f. pertains to items which, due to their nature, become permanently fixed to other items after delivery,
g. pertains to sound or visual recordings, or software delivered in a sealed container, if the container was opened after delivery
h. pertains to the delivery of magazines, periodicals or journals, excluding subscription Contracts
i. pertains to the delivery of digital content that is not recorded on a physical storage device if the fulfilment of the Contract began at the Consumer's express consent, before the time frame allowed for withdrawing from the Contract expired, and after the Consumer was informed by the Seller that fulfilment would void the Consumer's right to withdraw from the Contract.
§10
Returns and Warranties
1. The Sales Contract pertains to new Products.
2. If the goods purchased from the Seller are faulty or damaged, the Client has the right to return said goods, in accordance with regulations concerning warranties in the Civil Code.
3. Any complaints should be sent via e-mail to the following address: returns@phobosfoundry.com
4. The Seller will reply to the Client's complaint within 14 days, and if that time elapses and there is no response, it is considered that the Client's complaint has been accepted.
5. Goods returned on warranty should be sent to the address specified in §3 of this document.
6. If the Product is subject to a warranty, its contents will be specified in the Product's description in the Store. This includes special offers and extended warranties. Any returns resulting from such warranties follow the rules set out in §9.
§11
Out-of-court means of settling disputes
1. Detailed information about out-of-court means of settling disputes by the Consumer, as well as the rules governing these procedures are available on websites belonging to municipal customer rights advocates, social groups with statutory goals of protecting consumers, Voivodship Offices of Commerce Inspection, and the following websites belonging to the Office of Competition and Consumer Protection:
https://uokik.gov.pl/consumer_protection_in_poland.php
https://uokik.gov.pl/help_and_advice.php
https://uokik.gov.pl/useful_links.php
2. Since the Contract is likely to concern Clients living outside of Poland, it might be more practical for Clients to use the Online Dispute Resolution platform provided by the European Union instead of local organisations listed in the links provided in point 1. The platform is available at:
https://webgate.ec.europa.eu/odr/main/?event=main.home.show&reload=false
§12
Personal data in the online Store
1. The Seller is the administrator of the Client's personal information gathered through the Store.
2. The Client's personal data collected by the administrator by means of the Store are used to fulfil Sales Contracts and, if the Client consents to it, for marketing purposes.
3. The recipients of the Client's personal data include:
a. for Clients who use postal or courier services as a method of Product delivery, the Administrator will provide the Client's personal data to the selected shipping company or intermediary that fulfils orders for the Administrator.
b. In the case of Clients who use electronic payments or debit/credit card payments in the Store, the Administrator will provide the Client's personal data to the chosen party handling the payments in the online Store.
4. The Client may review or correct the data he or she provided.
5. Submitting this personal information is not compulsory, but if the data specified in the Terms and Conditions as necessary for entering into a Sales Contract is not provided, the Contract will be void.
§13
Final remarks
1. The Contracts signed through the Store are signed in English.
2. The Seller withholds the right to change these Terms and Conditions due to important circumstances, such as: legal changes, changes in methods of payment or delivery – to the extent in which such changes influence the Terms and Conditions described in this document. Clients will be notified about all such changes at least 7 days in advance.
3. In matters not specified in these Terms and Conditions, suitable pre-existing regulations in Polish law will be applied. This pertains especially to: the civil code; the bill on providing services electronically (ustawa o świadczeniu usług drogą elektroniczną), the bill on consumer rights (ustawa o prawach konsumenta), the bill on the protection of personal data (ustawa o ochronie danych osobowych).
4. The Client has the right to pursue out-of-court means of settling disputes. For this purpose, the Client may submit a ticket at the ODR platform provided by the European Union at the following web address: