FERINI ONLINE SHOP REGULATIONS
These Regulations set out the general conditions for making Orders in the FERINI Online Shop, hereinafter referred to as the Shop. This document regulates the general conditions related to the process of making Orders and their execution. The Shop's offer includes those Goods listed in the Shop's catalogue at the time of sale. The Store is owned by Iwona Flejszman conducting business activity under the name FERINI IWONA FLEJSZMAN, ul. Sosnowa 10, 87-162 Lubicz Górny, NIP: 8791465678.
Glossary:
Regulations - these Regulations of the FERINI online shop,
Shop- the Internet Shop located at the address: ferini.pl, whose owner is Iwona Flejszman conducting business under the name FERINI IWONA FLEJSZMAN, ul. Sosnowa 10, 87-162 Lubicz Górny, NIP: 8791465678,
Order - an instruction to purchase Goods placed by the Customer by means of technical communication,
Customer - person placing an Order through the Shop,
Seller - Iwona Flejszman conducting business activity under the firm FERINI IWONA -FLEJSZMAN, ul. Sosnowa 10, 87-162 Lubicz Górny, NIP: 8791465678,
Goods - a product that can be purchased through the Store,
Privacy Policy - the Shop's privacy policy,
Account - a set of data related to a given User, including information about his/her personal data submitted to the Store, as well as about his/her activity in the Store.
I. PRELIMINARY PROVISIONS
(1) The Rules and Regulations of the Store are the rules and regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344), hereinafter referred to as the Act on electronic services.
(2) These Regulations set out in particular:
(a) the rules for registering and using an Account within the Store;
b) terms and conditions for electronic reservation of Goods available in the Store;
c) terms and conditions for placing orders electronically within the Store without registering an Account;
d) principles of concluding Sales Agreements with the use of services provided by the Store. 3.
(3) The services of the Store may be used by natural persons of legal age (or with the consent of their guardians) as consumers within the meaning of the Civil Code and entrepreneurs within the meaning of the Business Act.
4th The possibility of shopping will be held in 2 options: after registering an Account for a Customer, as well as without creating an Account by the Customer - as a guest.
(5) The customer may make changes to the order or withdraw them until the Order is dispatched.
6.All prices quoted in the shop are gross prices (including VAT), unless the offer to non-consumers states otherwise.
7.Customers who wish to familiarise themselves with the content of the Rules and Regulations may access them at any time. The content of the Rules and Regulations is placed on the Store's website.
II. ACCOUNT REGISTRATION AND RULES OF USING THE SHOP
(1) Account registration in the Shop is voluntary.
The condition of registering an account on the Store's website is agreeing to the content of the Rules and Regulations and Privacy Policy and completing a form by entering personal data marked in the fields as mandatory.
The Customer may also purchase the Goods offered in the Store without creating an Account as a guest after completing a purchase form and accepting these Terms and Conditions and Privacy Policy.
(3) The Seller, with a view to ensuring the security of the transmission of messages and data, undertakes to take optimal technical and organisational measures. The indicated measures will be appropriate to the degree of security risk of the services provided.
(4) The Customer is obliged in particular to:
1) use the Store in a manner that does not interfere with its operation, in particular by using specific software or equipment,
2) use the Store in a manner not burdensome for other Customers and the Seller,
3) use any content placed on the Store only for his own personal use,
4) use the Store in a manner compliant with the laws in force in the Republic of Poland and with the provisions of the Terms and Conditions and Privacy Policy.
III. INFORMATION ABOUT GOODS
The prices of Goods are given in Polish zloty and include all components, including VAT and any other components.
The prices of the Goods given on the website of the Store do not include the delivery costs.
The price of Goods is valid at the time of placing the Order by the Client.
The Seller reserves the right to change prices of goods on offer. The shop also reserves the right to introduce new goods and remove them.
The shop reserves the right to run and cancel promotions.
The rights to use all information, including industrial designs, trademarks, photos and applications used by the shop belong to the seller. It is not possible to copy, distribute or use for commercial purposes or presentation of intellectual property owned by the Seller on other websites without his consent.
If the goods have any defects, appropriate information will be made in the description.
IV. ORDERS
In order to conclude a Sales Agreement via the Store, the Customer should visit the website of the Store and then log in to his/her Account or use the option of placing an Order without creating an Account by taking subsequent technical actions on the basis of messages displayed to the Customer and information available on the website of the Store.
The Customer selects the ordered Goods by adding them to the shopping cart. The basket can be reviewed at any time.
In order to send an Order in the option without creating an Account, it is necessary to accept these Terms and Conditions and the Privacy Policy when filling in the Order form.
The Customer's sending of the Order constitutes a declaration of will to conclude a sales agreement with the Seller, in accordance with the content of the Terms and Conditions.
Orders may be placed 7 days a week, 24 hours a day only through the mechanism of the Shop.
Orders are fulfilled on working days.
The minimum order value, not including shipping costs, is respectively as much as the lowest value of the Goods available in the Store.
The contract between the Seller and the Customer is considered concluded at the moment of transmission of the confirmation of purchase via e-mail.
In order to deliver the order, the Seller reserves the right to request confirmation of the order or verify the address data provided by the Customer when placing the Order.
The contract of sale is concluded in accordance with these Terms and Conditions as well as applicable laws of the Republic of Poland. The contract shall be concluded in the Polish language.
V. PERSONAL DATA PROTECTION
Information on the processing of personal data of Customers or persons using the Shop is provided in the Privacy Policy, the content of which can be found on the Shop's website.
VI. PAYMENTS
First The Customer has the option to pay:
- to the bank account indicated by the Seller within 3 working days of making the order.
- cash on delivery.
(2) A proof of purchase/receipt and, if the Customer so requires, a VAT invoice will be delivered with the order.
(3) When placing an order, the Customer may agree to send a proof of purchase and an invoice in electronic form to the e-mail address specified in the Order.
VII. DELIVERY
Delivery of the Goods is possible in the territory of the Republic of Poland.
When placing the Order, the Customer indicates the address to which the delivery of the Goods is to take place.
The ordered Goods are delivered via courier.
The delivery costs of the Goods shall be paid by the Customer.
When placing the Order, the delivery costs will be indicated each time (they will be counted automatically).
The time of realisation of the Order (i.e. sending the parcel) in the case of payment to a bank account shall be counted from the moment of booking the payment and shall be up to 5 working days.
In the case of selecting the option of payment on delivery, the Order processing time (i.e. sending the consignment) counts from the moment of concluding the agreement and is up to 5 working days.
At the time of receipt of the Goods, the Seller asks that the consignment is checked for any damage caused during transport and its completeness in the presence of the courier. Upon receipt, the ownership of the Goods and the risk of possession and use, in particular the risk of loss or damage, passes to the purchaser. For Customers who are not consumers, Inspection of the consignment is mandatory.
VIII . WITHDRAWAL FROM THE CONTRACT
The Customer, being a consumer within the meaning of Article 221 of the Act of 23 April 1964 of the Civil Code, shall have the right, pursuant to the provisions of the law, to withdraw from a contract concluded at a distance, without giving any reason, by submitting an appropriate declaration in writing, within a period of 14 working days, in accordance with the instruction constituting Annex No. 1 to the Terms and Conditions.
The 14-day period shall be counted from the day on which the Goods were delivered to the Customer.
In the case of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within 14 days.
The statement must specify the bank account number to which the value of the order will be transferred.
Goods to be returned must be in the condition in which they were delivered to the Customer. The customer may inspect the goods in the same way as he or she would have done in a stationary shop.
The consumer shall be liable for any diminution in the value of the goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the goods.
The costs of returning the goods shall be charged to the Customer. If the reason for return was the fault of the Seller, the Seller bears the costs of returning the ordered goods.
The Customer may withdraw from the contract using the withdrawal form enclosed as Annex No. 2 to the Terms and Conditions.
IX. WARRANTY
The Customer is entitled to warranty rights for physical or legal defects of the Goods.
The Customer's rights under warranty are specified in Article 556 and subsequent articles of the Act of 23 April 1964 of the Civil Code.
The Customer can make a notification on account of warranty in writing or at the e-mail address of the Store indicated as the contact e-mail address with the owner of the Store.
If the sold Goods have a defect, the Customer may:
a. make a declaration to reduce the price or withdraw from the sales contract, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Goods with defect-free ones or removes such defect. The reduced price shall remain in such proportion to the price resulting from the contract as the value of the Goods with defects remains to the value of the Goods without defects. The Customer may not withdraw from the contract if the defect in the Goods is insignificant;
b. demand to replace the Goods with defect-free Goods or remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience for the Customer; with the reservations and under the rules specified in the relevant provisions of the Civil Code Act of 23 April 1964 (i.e. of 2020, item 875), hereinafter referred to as the Civil Code.
The Customer who is a Consumer may instead of rectification of defects suggested by the Seller, demand replacement of the Goods with defect-free ones or instead of replacement of the Goods demand rectification of the defect, unless bringing the Goods into conformity with the agreement in a way chosen by the Customer who is a Consumer is impossible or would require excessive costs as compared to the way proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which the Customer who is a consumer would be exposed by another way of satisfaction.
It is recommended that the Customer provide in the description of the complaint:
(1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect;
(2) the request for the manner of bringing the Goods into conformity with the Sales Agreement or the declaration of price reduction or withdrawal from the Sales Agreement;
and
(3) contact details of the complainant - this will facilitate and speed up the handling of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Seller shall respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Customer has demanded replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 days of its receipt, it is deemed that the Seller has acknowledged the demand as justified.
If, in order for the Seller to respond to the Client's complaint or to exercise the Client's rights under the warranty, it is necessary to deliver the Goods to the Seller pursuant to Article 5612 in connection with Article 354 § 2 of the Civil Code, the Client shall be obliged to deliver the Goods to the Seller's business address indicated at the beginning of the Terms and Conditions.
If, however, due to the nature of the defect, the type of the Goods or the way in which they are installed, delivery of the Goods by the Client would be impossible or excessively difficult, the Client may be asked to make the Goods available to the Seller, after prior arrangement, at the place where the Goods are located.
The Seller shall be liable under the warranty if a physical defect is discovered before the lapse of two years from the date of delivery of the Goods to the Customer. A claim for rectification of a defect or replacement of Goods with defect-free Goods shall become time-barred after one year from the date on which the defect was ascertained, however, in the case of an Order placed by the Customer who is a consumer - the period of limitation shall not end before the expiry of the period referred to in the first sentence.
X. FINAL PROVISIONS
Any disputes arising between the Seller and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, shall be referred to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.
Any disputes arising between the Seller and a Customer who is not a consumer within the meaning of Article 221 of the Civil Code shall be referred to the court having jurisdiction over the Seller's registered office.
In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on rendering electronic services and other relevant provisions of Polish law shall apply.
The Seller shall have the right to amend the provisions of these Terms and Conditions. In such a case:
Amendments to the Terms and Conditions shall not in any way infringe the acquired rights of the Customers and, in particular, shall not affect orders placed, which shall be fulfilled on the previous terms and conditions.
1) Registered Customers will be asked to accept the changes to the Terms and Conditions at the next login,
Information for other Customers on changes to the Terms and Conditions will be posted on the Store's website.