Terms and conditions of using our services

THE OBJECT OF THE COMPANY

The online shop LocalTours.shop sells tickets for trips through the website http://www.localtours.shop.

The website www.localtours.shop allows you to place orders for tickets for trips listed on the website www.localtours.shop

DEFINITIONS

  • Regulations - these regulations defining the terms of concluding sales contracts via the online store Localtours.shop and defines the rules for the bilateral of those contracts, the right and obligations of the store Localtours.shop and the client as well as the rules of the complaint procedure.
    LocalTours.shop is available at the address www.localtours.shop, is run by the company SoftMasters Przemysław Szarlej, based in Zawoja, Centrum Street 118, 34-222 Zawoja. Tax identification number: 552-15-78-980, REGON: 120501551 (hereinafter: LocalTours.shop or the Seller).
  • Customer - A natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which concludes a distance contract with the Seller. When the Customer is not a natural person, it is considered that he is represented by a representative authorized to represent the Client by law.
  • Distance Selling Agreement - a contract for the sale of the Goods/provision of services/delivery of digital content (if applicable) concluded between the Seller and the Customer via LocalTours.shop.
  • Tours - All offer items available in the LocalTours.shop store.
  • Tickets - documents confirming the possibility of participating in trips. They retain their validity together with payment confirmation, unless the payment is not required in exceptional cases.
  • Prices - All prices quoted on LocalTours.shop websites are gross prices and include a discount when paying by bank transfer. The price binding for both parties is the price at which the customer ordered a trip in the order. The given tour prices do not include the cost of delivery if you choose a different method of delivery than by email. In the event that the payment is not made by bank transfer, an additional fee may be charged in the amount specified before placing the order.
  • Seller - SoftMasters Przemysław Szarlej, based in Zawoja, Centrum Street 118, 34-222 Zawoja. Tax Indetification Number: 552-15-78-980, REGON: 120501551
  • Content - All information, data, elements, materials, algorithms, diagrams, works, designations, logos, names, signs, symbols, descriptions and photos of the Goods originating from the Seller or its partners, regardless of their nature, format and manner of recording or presenting .
  • Account - area of Localtours.shop containing data related to the client, available after registration.
  • Privacy policy - A document setting out detailed rules for the processing of personal data and the use of cookies. The privacy policy and cookies is available at this link.

TAX DOCUMENTATION

  1. Invoices are issued for all ordered items in the LocalTours.shop online store. Pursuant to the provisions of the Polish Act of March 11, 2004. about the tax on goods and services (consolidated text: Polish Journal of Laws of 2011 No. 177 item 1054) and the Regulation of the Minister of Finance of December 3, 2013 on issuing invoices (Polish Journal of Laws of 2013, item 1485 ), the customer's signature - as the buyer of the goods - is not an obligatory element of the content of the VAT invoice. In this situation, the buyer only receives the original invoice. It should be borne in mind that if the buyer who is a natural person places an order or makes a purchase using data (eg with the name / company) regarding the business conducted by that buyer, it will be presumed that the purchase is by him carried out in connection with such activities and the invoice will be issued to the buyer as an entrepreneur.
  2. In accordance with the provisions of the Polish Act of 11 March 2004 on the tax on goods and services (consolidated text: Polish Journal of Laws of 2011 No. 177 item 1054), the Buyer accepts issuing and sending invoices in electronic form to the e-mail address provided during the registration.

CUSTOMER ACCOUNT

  1. The Customer may not deliver content to the LocalTours.shop, including Opinions and other unlawful data.
  2. The Customer gains access to the Customer Account after registration. Having an account under another Seller's service does not allow you to use the Customer Account.
  3. As part of registration, the customer provides the name, surname and e-mail address and chooses the password. The customer can also enter the number of his mobile phone. Providing this number is a prerequisite for the provision of services added by LocalTours.shop, referred to below. The client ensures that the data provided by him in the registration form is true. Registration requires careful reading of the Regulations and marking on the registration form that the Client has read the Regulations and fully accepts all its provisions.
  4. When the Customer has access to the account, an agreement for the provision of electronic services for the Account shall be concluded between the Seller and the Customer for an indefinite period. The consumer may withdraw from this contract on the terms set out in the Regulations.
  5. The contents included in LocalTours.shop, including descriptions of tours and prices, constitute an invitation to conclude an agreement within the meaning of art. 71 of the Polish Civil Code.
  6. In order to submit an offer to purchase a ticket for a trip, the Customer should place an order. The order is made by filling out the appropriate form located on the LocalTours.shop websites and clicking the button signifying the purchase confirmation.
  7. It is necessary to have an account to place an order.

ORDERS

  1. The customer places the order via an interactive form available at LocalTours.shop. The order specifies what tickets for trips, at what price and in what quantities the customer wants to order.
  2. After the order is correctly placed by the Customer, the Seller sends an information about the order confirmation to the Customer's e-mail address. This information is not a confirmation of acceptance of the Customer's offer. It is only an information that the Seller has received the order.
  3. Next, the Seller verifies whether the order can be accepted for execution and, if necessary, sends an appropriate message (eg refusal to accept the order for execution).
  4. If the Seller accepts the Customer's order, the Seller shall immediately send a declaration of acceptance of the order for processing or without undue delay send the ordered tickets for trips which is tantamount to acceptance and completion of the order. Upon the receipt of such a declaration by the Customer between the parties, a distance selling agreement is concluded.
  5. Order in the LocalTours.shop online store can be submitted in the following way: 
    1. using the information system (website) of the online store, 
    2. By email sent to: [email protected]. Such an order must contain the name and surname of the ordering party, its mailing address and e-mail address, Tax Identification Number (only applicable to business entities purchasing goods and serves to issue a correct VAT invoice), delivery address, telephone number and names, quantities and prices of ordered goods,

    Orders are processed in the order in which the order is placed. The implementation time is decided by order number, therefore, we encourage you to place orders through the online store system, which guarantees immediate order number.

PRICES AND PAYMENTS

  1. All prices on Localtours.shop are given in Polish zlotys with the possibility of viewing these prices in other currencies according to the average National Bank of Poland exchange rate from the previous working day and they are gross prices.
  2. The Seller, at the latest directly before placing the order, informs the Customer about the total price of tickets and any additional fees, including transport, additional services, payment costs, etc.
  3. When placing an order, the Seller informs the Customer about available payment methods.
  4. If the payment method involves an additional cost for the Customer, the Seller informs the Customer about it at the latest, immediately before the Customer places the order.
  5. The Seller informs the Customer about the date of payment via the teleinformation system.
  6. Payments for tours can be made in the method chosen at the time of ordering. For the purchase of tickets organized on request we reserve the right to request advance payment. However, in the event of termination, withdrawal or termination of the contract, the advance payment will be refunded to the Consumer.

ACCOUNTING DOCUMENTS

  1. The seller documents the sale of tickets for tours by issuing a VAT invoice, which is delivered to the Customer along with the Tickets.
  2. If the Customer who is a natural person places an order using data (eg with the name / company) regarding the business conducted by the Customer, the Seller presumes that he purchases the goods in connection with such activities and the VAT invoice will be issued to that customer as an entrepreneur.
  3. In accordance with the provisions of the Act of March 11, 2004. about tax on goods and services (consolidated text: Polish Journal of Laws 2011 No. 177 item 1054, hereinafter the "VAT Act") and the Regulation of the Polish Minister of Finance of December 3, 2013 on issuing invoices (Journal of Laws of 2013, item 1485), the Customer's signature - as the buyer of goods - is not an obligatory element of the content of the VAT invoice. In this situation, the buyer only receives the original invoice.
  4. In accordance with the provisions of the VAT Act, the Customer accepts issuing and sending invoices in electronic form to the e-mail address provided during registration. The moment the invoice is received by the Customer, the moment of opening the electronic correspondence with the attached invoice is considered.

SHIPPING

  1. The Seller informs the Customer about possible ways and available delivery dates via the order form.
  2. In the same way, the Seller informs the Customer about the cost of delivery, if applicable.
  3. The Seller informs the Customer about the restrictions on the delivery of the Tickets, at the latest at the beginning of placing the Order.

AGREEMENT WITHDRAW

  1. The right to withdraw is only granted to the Customer who is a Consumer.
  2. A client who has concluded a distance contract via LocalTours.shop may, within 2 days, but no later than one day before the booked trip, withdraw from it without giving a reason and incurring costs, except for the costs indicated below, unless he was having to be properly informed during the ordering process.
  3. If the Customer made a statement of withdrawal before the Seller accepted his offer, it ceases to be binding.
  4. The time limit for withdrawal from the ticket sale contract starts from the date of the sale contract.
  5. In order to exercise the right of withdrawal, the Customer should submit a statement to the Seller in this respect. To meet the deadline, it is sufficient to send a statement before its expiry.
  6. The Seller shall immediately confirm to the Customer receipt of a declaration of withdrawal from the contract.
  7. At the time of withdrawal from the contract, the related additional contracts concluded by the Customer expire, if on their basis the performance is met by the entrepreneur or a third party on the basis of an agreement with the entrepreneur.
  8. The Customer shall not be entitled to withdraw from the contract in relation to the contracts referred to in art. 38 of the Polish Act on consumer rights, including, among others agreements on:
       
    1. the provision of services, if the Seller has fully provided the service with the express consent of the consumer, who was informed before the performance of the service that he would lose the right to withdraw from the contract after the performance of the service by the Seller; 
    2. in which the object of the service is a dedicated service, implemented according to the client's specification or serving to satisfy his individual needs; Such a service is an order to organize a trip that is not on offer at LocalTours.shop.

AGREEMENT WITHDRAW EFFECTS

  1. If the Customer executes the right to withdraw from the contract, he loses the opportunity to take part in the trip or trips he has ordered and the tickets which entitle to take part in these trips are no longer valid.
  2. If the Customer executes the right to withdraw from the contract after expressly requesting that the Seller commence the service before the deadline to withdraw from the contract, he is obliged to pay for the services fulfilled until the withdrawal from the contract, provided that such services are provided by the Seller remuneration.

INTELLECTUAL PROPERTY

The customer declares:
  1. he or she is not entitled to any rights, including copyrights or related rights to the content, other than the right to use in the manner specified in the Regulations and beyond the rights to the content, including the Opinions posted by him. The Customer is not entitled to any recording, reproduction, sharing, publishing or distribution of content, unless such authorization results from the provisions of law or the Regulations.
  2. he is not entitled to any interference in the content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of action, or other elements of LocalTours.shop; may not make any changes, additions, modifications or other actions on the content except those expressly permitted under these Regulations.
  3. The Customer acknowledges that the Content, including, for example, advice, advice and tips, can not replace advice and guidance given by an expert or other competent person, after a detailed analysis of the specific case and all its circumstances.
  4. The Customer, by placing an Opinion in LocalTours.shop, grants to the Seller a non-exclusive license to use the content of the Opinion for an indefinite period for purposes related to running and promoting LocalTours.shop or Tours, including publicly sharing the Opinion in such a way that everyone could have access to it in a place and time chosen by them.
  5. Furthermore, the Customer agrees not to post Opinions that contain links to external websites, are of a promotional or advertising nature or contain third party data.

VIOLATIONS

  1. LocalTours.shop provides access to the teleinformation space for the client's needs, is not the initiator of content transmission, does not select customers, does not delete or modify the content, as well as does not investigate whether the content is unlawful.
  2. If the Seller obtains a notice of the unlawful nature of the content, the Seller shall take action to block access and/or remove such content, in accordance with applicable law.

PROHIBITED ACTIONS AND ACCESS BLOCKING

  1. All activities that are not allowed by the Regulations, in particular: 
    1. which would destabilize the work of LocalTours.shop, would hinder access to or use of LocalTours.shop; 
    2. publishing spam and unsolicited commercial information; 
    3. the use of viruses, bots, worms or other computer codes, files or programs (in particular, automating the processes of scripts and applications or other codes, files or tools); 
    4. taking other actions to the detriment of LocalTours.shop, Customers or threatening their rights or interests.
  2. The Seller has the right to block the Customer access to LocalTours.shop or some of its functionality in the event that: 
    1. The Customer uses LocalTours.shop in a manner inconsistent with applicable law, good customs, rules of social coexistence or violates the provisions of the Regulations; 
    2. The customer will post illegal content.

COMPLAINTS

  1. All complaints regarding the operation of LocalTours.shop and agreements concluded through it can be sent via email to the address [email protected]. Complaints may also be submitted in writing to the address of the Seller's registered office.
  2. 2. If the information provided in the complaint needs to be supplemented, before consideration of the complaint, the Seller will ask the Customer to lodge the complaint. In this case, the 14-day period for considering the complaint runs from the moment the complain is completed.

PERSONAL DATA

  1. Subject to the Regulations, the Administrator of the data provided by the Customer as part of registration or placing an Order is the Seller.
  2. The data will be processed in order to implement the contract for the provision of LocalTours.shop services and distance sales contracts, fulfill other legally justified purposes of administrators or recipients of data and purposes for which the Customer agrees (including marketing purposes).
  3. The customer has the right to access the data contents and to correct them. The data is provided on a voluntary basis.
  4. Detailed rules for the processing of personal data and the use of cookies are described in the privacy policy and cookies.

FINAL PROVISIONS

  1. These Terms of Use apply from February 1, 2019.
  2. The Seller is entitled to change the terms of use in the event of adding new functionalities or launching a new version of LocalTours.shop, as well as in the event of changes to the applicable law. All changes will take place in a relevant scope, and Customers who have an Account will be additionally informed about the change of the Regulations by a button accepting the provisions of the Regulations, appearing when placing the order by the Customer. A customer who does not agree with the changes is entitled to terminate the contract immediately.
  3. The Customer has the right to terminate the contract for the provision of services regarding the Account at any time. Immediately upon the receipt of the notice by the Seller, the Customer's account in LocalTours.shop will be deleted.
  4. The Seller has the right to terminate the contract for the provision of services regarding the Account in the event of cessation or transfer of LocalTours.shop service to a third party, the Customer's violation of the law or the provisions of the Regulations, and in the absence of the Customer's activity for a period of 12 months. The contract is terminated with a seven-day notice period. The Seller may stipulate that re-registration of the Account will require the Seller's permission.
  5. In the event of a change or cancellation of any of the provisions of these Regulations by a decision of the competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.
  6. The law applicable to the resolution of any disputes related to the Regulations is Polish law. Disputes will be resolved by the competent local court. The customer may also use extrajudicial means of dealing with complaints (mediation, arbitral tribunal) and pursuing claims. Regardless of the above, the Consumer may ask the municipal (poviat) consumer ombudsman for help. All necessary information in this regard can be obtained on the website of the Polish Office of Competition and Consumer Protection at the address: www.uokik.gov.pl
  7. In the case of Customers who are not Consumers, the court having jurisdiction over the seat of the Seller has jurisdiction.

TOURS DESCRIPTION

  1. Descriptions of products and their photos come from databases of tours operators, own resources and commonly available marketing materials. It prohibits any commercial use of cruise information from the LocalTours.shop website

APPLICABLE LAW

  1. The information on the websites is only an invitation to conclude an agreement within the meaning of the Civil Code.
  2. In matters not covered by these regulations, the provisions of the applicable law, including the provisions of the Civil Code.