Terms of service

TERMS AND CONDITIONS OF ROAR ONLINE STORE

WWW.ROAR-CRUISE.COM

THESE TERMS AND CONDITIONS DEFINE THE RULES FOR MAKING PURCHASES IN THE ROAR ONLINE STORE OPERATED BY THE SELLER AT: WWW.ROAR-CRUISE.COM. 

THE SELLER IS AN INDIVIDUAL ENTREPRENEUR KRISTINA SHYSHENKO, REGON NUMBER 528444053, TAXPAYER REGISTRATION NUMBER 5243004928, PERMANENT PLACE OF BUSINESS: 00-532, POLAND, MASOVIAN VOIVODESHIP, WARSAW, WILCZA ST., NO. 8, APARTMENT 28.

THESE TERMS AND CONDITIONS DEFINE THE RULES FOR THE USE OF THE ONLINE STORE AND THE PROVISION OF ONLINE SERVICES WITHIN THE INTERNET STORE, AS WELL AS THE RULES AND PROCEDURES FOR CONCLUDING SALES CONTRACTS WITH THE CUSTOMER USING THE REMOTE COMMUNICATION.

THESE TERMS AND CONDITIONS ARE ADDRESSED TO CONSUMERS.

CONTACT WITH THE SELLER CAN BE OBTAINED: 

  1. BY CALLING THE SELLER'S PHONE NUMBER: +48 515 830 472 (DURING HOURS 11:00 –19:00 (UTC+1), 

  2. BY SENDING AN E-MAIL TO THE FOLLOWING E-MAIL ADDRESS OF THE SELLER: sales@roar-cruise.com, 

  3. BY SENDING CORRESPONDENCE TO THE SELLER'S MAILING ADDRESS: 00-532, POLAND, MASOVIAN VOIVODESHIP, WARSAW, WILCZA ST., NO. 8, APARTMENT 28. 

1. Terms and definitions
Terms used in the Terms and Conditions have the following meanings:

  • Business day — one day from Monday to Friday excluding public holidays.

  • Order Form — an interactive form available at the Online Store, allowing to place an Order, in particular by adding Goods to the shopping cart and specifying terms of the Sales Agreement, including method of payment and delivery. 

  • Customer — any individual with legal capacity, and in cases provided for by generally applicable laws, also an individual with limited legal capacity, purchasing the Goods through the Online Store.

  • Civil Code — the Polish Civil Code Act of April 23, 1964 (i.e., Journal of Laws of 2024, item 1061, as amended).

  • Consumer — a private person concluding a Sales Contract with the Seller through the Online Store, the subject of which is not directly related to his/her business or professional activity. 

  • Terms and Conditions — these rules and regulations of the Online Store.

  • Online Store —  the Seller's online store is available at the following web address: www.roar-cruise.com  

  • Seller — means an individual entrepreneur Kristina Shyshenko, REGON number 528444053, taxpayer registration number 5243004928, permanent place of business: 00-532, Poland, Masovian Voivodeship, Warsaw, Wilcza St., no. 8, apartment 28.

  • Store Website — the website under which the Seller operates the Online Store.

  • Goods — a physical thing, a product presented by the Seller in the Online Store, which can be the subject of a Sales Contract.

  • Contract of sale — a contract of sale of Goods concluded with the Client as part of an organized system of contracting at a distance (via the Online Store), based on which the Seller undertakes to sell Goods to the Client, under the terms and conditions specified in the Terms and Conditions.

  • Consumer Rights Act — the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2023, item 2759, as amended).

  • Act on Providing Online Services — Act of July 18, 2002, on Providing Online Services (i.e., Journal of Laws of 2020, item 344, as amended).

  • Order — the Customer's statement about the purchase of the Goods of his choice, made via the Online Store using the Order Form or by sending a message to the Seller's e-mail address sales@roar-cruise.com, aiming directly at the conclusion of the Sales Agreement.

  • Defect — any non-compliance of the Goods with the terms of the Sales Contract, as well as information about the Goods, provided by the manufacturer (Seller).

  • Significant defect — a defect that prevents or hinders the use of the Goods for their intended purpose, occurred due to the fault of the manufacturer (Seller), and has at least one of the following characteristics:
    a) it cannot be repaired at all;
    b) its repair requires more than fourteen calendar days;
    c) causes the Goods to differ significantly from the Goods provided for in the Contract of Sale.

2. Providing online services  

2.1. The Seller provides the following online services by online means within the meaning of the Act on Providing Online Services: 

  • order form service;

  • the service of concluding remote Sales Agreements;

  • newsletter service.  

2.2. Online services are provided free of charge.

2.3. The Customer has the opportunity, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Seller, in particular via online mail to the address: marketing@roar-cruise.com or also in writing to 00-532, Poland, Masovian Voivodeship, Warsaw, Wilcza St., no. 8, apartment 28.

2.4. Complaints related to the provision of online services can be submitted in any form. 

2.5. The Seller shall respond to the complaint immediately, no later than within 14 days from the date of its submission.

3. Online Store

3.1. The information contained in the Online Store does not constitute an offer within the meaning of the Civil Code, it is only an invitation to submit offers as defined in Article 71 of the Civil Code. Placing an Order by a Customer constitutes an offer made by the Customer to the Seller as to the conclusion of a Sales Contract under the content of the Regulations and the Order placed.  

3.2. The Online Store is available in the following languages: 

  • in English. 

3.3. The Online Store may be used only by Consumers and only Consumers can conclude Sales Agreements through the Online Store.  

4. Placing Orders

4.1. Orders can be placed on the Online Store 24 hours a day, 7 days a week throughout the year, except that the Seller shall process Orders only on Business Days.

4.2. The Customer independently selects the Goods on the Store's Website and adds the selected products to the “Cart” by clicking the “Add to Cart” button.

4.3. After clicking the “Check out” button, the Customer fills out the Order Form, providing his/her name, surname, e-mail address, telephone number, delivery address, payment method, delivery method, and other data necessary for the Seller to fulfill its obligations under the Sales Contract.

4.4. By clicking the “Complete Order” button, the Customer declares that he has read the Terms and Conditions, accepts them and undertakes to abide by them, and confirms that he has received comprehensive information about the Goods, their main features, price, delivery costs, and terms of delivery. Acceptance of the Terms and Conditions in effect on the date of the Order is required each time a separate Order is placed.

4.5. The Customer has the right to place an Order by sending an e-mail to the Seller's address located on the Store's Website.

4.6. Placing an Order constitutes an offer by the Customer to the Seller to conclude a Contract of Sale for the Goods that are the subject of the Order.

5. Conclusion of Sales Agreement

5.1. After placing an Order, under Section 4 above, the Customer will receive from the Seller an automatically generated message from the Online Store to the e-mail address or telephone number provided by the Customer in the Order — confirming the placement of the Order, describing in detail the subject of the Order, which is not equal to accepting the Order and concluding the Sales Agreement.

5.2. After confirming the placement of the Order, an employee of the Seller will contact the Customer in the manner chosen by the Customer to confirm the details of the Order, after which the Customer will receive a second message to the e-mail address or telephone number provided by the Customer in the Order - confirming the conclusion of the Sales Agreement and acceptance of the Order for execution, describing in detail the subject of the Order, in particular indicating the main characteristics of the Goods, the serial number of the Order assigned by the Seller, the price of the Goods, their quantity, the cost of delivery, information about the delivery time of the Goods ordered by the Customer (if the Customer ordered the Goods with delivery).  

5.3. The deadline for processing and acceptance of the Order for execution by the Seller is 2 (two) Business Days from the date of its submission. In case the Seller needs additional time to process and accept the Order for execution, such time limit will be additionally agreed with the Customer.

5.4. If it is not possible to process the Order due to the lack of the ordered Goods, the Seller shall notify the Customer immediately, but no later than within 30 (thirty) days from the date of placing the Order. If payment for such Order has already been made it will be refunded without undue delay.

5.5. The information on acceptance of the Order for execution is referred to in section 5.2. above, is the Seller's statement of acceptance of the offer referred to in section 4.6. of the Terms and Conditions, and upon its receipt by the Customer, the Contract of Sale is concluded.

5.6. Upon conclusion of the Contract of Sale, the Seller shall confirm its terms and conditions to the Customer by sending them on a durable medium to the Customer's online e-mail address or in writing to the address indicated by the Customer when placing the Order.

6. Price of Goods and Payment Procedure for the Order

6.1. The prices of the Goods are given on the Website the Store for each unit of Goods separately and are gross prices, but do not include delivery costs and any costs resulting from the method of payment chosen by the Customer, which the Customer will be obliged to incur in connection with the sales contract.

6.2. All prices quoted in the Online Store are in Euros (EUR). 

6.3. Payment for the ordered Goods, including delivery costs, is possible in EUR.

6.4. Prices are subject to change at any time. Nevertheless, excluding the above provisions, changes do not apply to orders already placed.

6.5. Payment for the Goods may be made by non-cash means using, in particular, the following payment methods: Visa, Mastercard, American Express, or Apple Pay service according to the Customer's choice via Stripe.com (https://stripe.com/en-pl).

6.6. The payment method for the Goods is determined independently by the Customer and is specified when placing the Order.

6.7. Payment for the Goods is made immediately after placing the Order.

7. Delivery cost and conditions of the Order

7.1. Delivery of the Goods is made worldwide with the help of a specialized courier company. The cost of delivery depends on the destination country and the selected delivery method. Unfortunately, the Seller does not carry out Orders with delivery to Ukraine (for orders with delivery of goods to Ukraine, please use the website: roar-cruise.com.ua)

7.2. The Seller also does not process Orders with delivery to countries conducting armed aggression against Ukraine, including Russia and Belarus.

7.3. If the Goods selected by the Customer are available in the Seller's inventory, delivery is made within 30 (thirty) calendar days from the conclusion of the Sales Contract.

7.4. Delivery of the Goods is carried out under the terms of delivery of the courier company that carries out the delivery.

7.5. The cost of delivery is determined under the tariffs of the courier company that carries out the delivery.

7.6. Delivery costs are paid by the Customer unless the Sales Agreement provides otherwise. Information on delivery costs is disclosed in the Order Form and the e-mail confirming the Customer's Order.

7.7. In the case of an unclaimed Order, the Seller may reduce the amount of the refund by the cost of return shipping, which will be charged by the courier company.

8. Procedure for Receiving Goods

8.1. If the Customer ordered the Goods without delivery, he/she may pick up the Goods ordered by himself/herself at the Seller's address indicated on the Store's Website.

8.2. Transfer of the Goods takes place at the moment of taking possession of the Goods by the Customer or a third party other than the carrier indicated by the Customer. 

8.3. Upon receiving the Goods, the Client should examine the delivered shipment at the time and in the manner usual for shipments of a given type, in particular, whether the shipment has been damaged or destroyed. If the shipment is found to be damaged or defective, the Customer has the right to request the courier to write a damage report.

8.4. If the Customer finds any damage to the packaging or suspects that the contents of the shipment may have been damaged, he has the right to refuse to accept the delivered shipment and withdraw from the Sales Agreement.

8.5. If there are no comments on the quality of the packaging, the Customer is obliged to accept the shipment.

8.6. If the Order is incorrect, any of its elements is missing or something is damaged, the Customer should contact the Seller as soon as possible. 

9. Cancellation of the Sales Contract. Return and exchange of Goods.

9.1. The Customer shall have the right to cancel the Contract of Sale without giving any reason within 14 days from the date on which the Customer or the person designated by the Customer takes possession of the purchased Goods (the so-called return of the Goods). If the Contract of Sale includes multiple Goods that are delivered separately, in batches or parts, the time limit for cancellation of the Contract of Sale shall start from the issue of the last Goods, their batches, or parts.

9.2. A sample form for cancellation of the Contract of Sale is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in Section 16 of the Terms and Conditions. The Customer may use the sample form, but it is not mandatory.

9.3. The Customer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the date on which he or she cancels the Sales Agreement. To meet the deadline it is sufficient to return the Goods to the Seller's address before the expiration of this period.

9.4. In case of cancellation, the Customer shall pay only the direct costs of return.

9.5. In the case of cancellation of the Sales Contract, the Seller shall return to the Customer the payments received, including the costs of delivery of the Goods to the Customer (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery offered by the Seller), no later than 14 days from the day on which the Seller was informed of the Customer's decision to exercise the right of cancellation of the Sales Contract, with the provision that the Seller may withhold the return of payments until he has received and inspected the returned Goods.

9.6. The Customer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to determine the nature, characteristics and functioning of the Goods.

9.7. The right of cancellation from the Sales Contract is not available to the Consumer with regard to the contract (under Article 38 of the Law on Consumer Rights): 

  • for the provision of services for which the Consumer is obliged to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the performance that after the Seller's performance, he will lose the right to withdraw from the contract, and has accepted it;

  • in which the subject of the performance is a non-reproduced good, produced to the Consumer's specifications or serving to meet his individualized needs;

  • in which the subject of the performance is goods that are subject to rapid deterioration or have a short shelf life;

  • in which the subject of the performance is the goods delivered in sealed packaging, which cannot be returned after opening the packaging for health protection or hygienic reasons if the packaging has been opened after delivery.

9.8. For reasons of hygiene and health protection, the return of underwear, including panties, bodysuits, swimwear, and hosiery is not possible if the original packaging has been opened or tampered with.

9.9. In addition to the Consumer's right of cancellation of the Sales Contract under the law referred to above, the Customer shall have the right to replace the Goods of suitable quality with similar ones within 14 (fourteen) calendar days from the date of receipt of the Goods, provided that the following conditions are met together:

9.9.1 The Goods have not been used, their sales appearance, functional characteristics, seals, tags, as well as the proof of purchase of the Goods from the Online Store (e.g., receipt) issued to the Customer with the purchased Goods;

9.9.2. The sales contract does not constitute the contract referred to in paragraph 9.7 above. 

9.10. If a similar product is not available at the time of replacement of the Goods, the Customer has the right to choose one of the following options:

9.10.1. purchase of other Goods from the current offer, taking into account the appropriate value conversion;

9.10.2. cancellation of the Sales Agreement and receive a refund of the amount paid corresponding to the value of the returned Goods;

9.10.3. exchange the Goods for similar ones when such Goods become available for purchase.

9.11. The exchange of underwear, including panties, bodysuits, swimwear, and hosiery is not allowed.

9.12. The Customer or the Seller shall have the right to cancel the Sales Contract at any time before the Customer accepts the Goods.

10. Guarantee and warranty 

10.1. The subject of the Sales Contracts are new products, in a condition fit for their intended use. The Seller shall be responsible for the compatibility of the Goods with the Contract of Sale.

10.2. In the event of a defect in the Goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions of the Consumer Rights Act.

10.3. The Seller further provides a warranty for the Goods for 90 days. The warranty period starts from the day following the day of receipt of the Goods by the Customer or a person designated by the Customer other than the carrier.

10.4. If, within the warranty period established by the Seller, the Client discovers Material Defects in the Goods, which are the fault of the manufacturer of the Goods (the Seller), including forgery of the Goods, the Client is entitled, at his/her own discretion, to cancellation of the Sales Contract with a refund of the amount paid for the Goods or to request replacement of the Goods with the same or similar Goods free of defects available from the Seller. 

10.5. If Defects in the Goods are found within the agreed warranty period, the Customer shall have the right to demand: 

10.5.1. a proportional reduction in the price of the Goods;

10.5.2. free removal of the Defects of the Goods within a reasonable time;

10.5.3. reimbursement of the cost of removing the Defects of the Goods. 

10.6. The Seller shall not be liable for defects in the Goods if they arise after their transfer to the Customer as a result of violation by the Customer of the rules of use or storage of the Goods, actions of third parties, or force majeure.

10.7. If warranty repairs are performed, the warranty period shall be extended by the time the Goods are repaired.

11. Procedure for receiving complaints

11.1. Complaints should be submitted online or in correspondence to the Seller's addresses given in these Terms and Conditions.

11.2. The time limit for processing the complaint is up to 14 (fourteen) days from the date of receipt of the complaint, and if the Seller fails to do so within this period, it is considered that the Customer's request was considered justified.

11.3. Goods sent back under the complaint procedure should be sent to the address 00-532, Poland, Masovian Voivodeship, Warsaw, Wilcza St., no. 8, apartment 28.

12. Personal data protection

Privacy rules are placed in the Privacy Policy.

13. Responsibility of the Parties 

13.1. The Parties shall be liable for non-performance or improper performance of the terms and conditions of the Sales Contract as set forth herein.

13.2. In the event of force majeure, the Parties are exempt from the terms of the Sales Agreement. Force majeure circumstances shall be understood as events of an extraordinary, unavoidable, unforeseeable nature that exclude or objectively hinder the performance of the Sales Agreement, the occurrence of which the Parties could not foresee and prevent by reasonable means.

13.3. The party that invokes force majeure circumstances must notify the other party in advance of the occurrence of such circumstances. 

14. Changing the Regulations 

14.1. The Seller is authorized to make changes to the Terms and Conditions. The Seller is obliged to publish the amended text of the Terms and Conditions on the Store's Website, indicating the effective date of the amendments.  

14.2. Amendments to the Terms and Conditions will not in any way violate the rights of Customers using the Online Store before the effective date of the amendments, in particular, orders placed by Customers before the effective date of the amendments to the Terms and Conditions will be processed under the existing provisions of the Terms and Conditions.

14.3. The customer is requested to read the Regulations and accept them before placing an order. Placing an Order is equal to reading and accepting the Regulations, as well as the information contained in the contents of the Order.

15. Concluding provisions 

15.1. Contracts of sale, which are concluded through the Internet Store, are concluded in English, depending on the language version selected by the Customer. 

15.2. The law applicable to the Terms and Conditions and contracts concluded based on the provisions of the Terms and Conditions is Polish law. In matters not regulated by the Terms and Conditions, the provisions of generally applicable law shall apply, including in particular the provisions of the Civil Code and the Consumer Rights Act. 

15.3. Disputes arising from or related to the Terms and Conditions or Sales Agreements will be considered by the court of local and material jurisdiction for the registered office of the Seller. 

15.4. The Seller shall inform the Customer about the possibility of using out-of-court methods of handling complaints and pursuing claims. Detailed information on the possibility for the Customer to use out-of-court ways of handling complaints and pursuing claims, the rules of access to these procedures and a friendly search engine of entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/. 

15.5. The seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for online dispute resolution between Consumers and traders at the EU level (ODR platform).

15.6. The Terms and Conditions were compiled in English. 

15.7. The Terms and Conditions apply from the date of 14.11.2024.

16. Template form for cancellation of the Sales Agreement

(Appendix number 2 to the Consumer Rights Act)

Sample form for cancellation of the Sales Agreement

(this form should be filled out and sent back only if you wish to cancel the Sales Agreement)

  1. Recipient:

An individual entrepreneur Kristina Shyshenko, REGON number 528444053, taxpayer registration number 5243004928, permanent place of business: 00-532, Poland, Masovian Voivodeship, Warsaw, Wilcza St., no. 8, apartment 28.

I/We(*) hereby give notice of my/our(*) cancellation of the contract for the sale of the following goods(*)/ the contract for the supply of the following goods(*)/ the contract for the performance of the following goods(*)/for the provision of the following service(*)

  1. Date of conclusion of the agreement(*)/receipt(*)

  2. Name of the consumer(s)

  3. Address of the consumer(s)

  4. Signature of the consumer(s) (only if the form is sent on paper)

  5. Date

(*) Cross out unnecessary.