TERMS AND CONDITIONS Feneste ONLINE SHOP (valid from 01/01/2021)
These Regulations define the general conditions and rules of operation of the online store www.feneste.pl. The online store run by the Organizer is a sales platform through which both the Organizer and the Seller provide services to Customers by electronic means, as well as through which the Customer has the opportunity to read and conclude a Sales contract by ordering the Goods presented by the Organizer / Sellers. For this purpose, the Organizer provides Clients and Sellers with appropriate system, ICT and technological tools and provides services on the terms set out in the Regulations.
§1 Basic definitions
1. Online store - this online store operating in the feneste.pl domain
2. Seller - Feneste LLC., NIP: 7343596734, performing the actual sale as an independent entity running its own business, offering customers goods and products from the Store's offer. The full list of Sellers is available on the store's website.
3. Organizer - Feneste LLC, NIP: 7343596734.
4. E-mail address for contact - e-mail address: email@example.com
5. Customer - a natural person with full legal capacity who has concluded or intends to conclude a sales contract.
6. Consumer - art. 221 of the Civil Code: a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
7. Sales contract - a contract for the sale of a Product posted on the website of the above-mentioned Online Store, concluded or concluded between the Customer and the Seller via the Online Store.
8. Goods / Service - Product, a movable item that the Customer purchases through the Online Store, ie building material in the form of, among others: windows, doors, garage gates, fences, accessories, delivery of goods (with the selected delivery option).
9. Order - Customer's declaration of intent, submitted in the form of a completed form via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of ordering, method of payment, method of delivery of the Goods, place of issue of the Goods and customer details, as well as Seller's data.
10. Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of an Order, including by adding Products to the electronic basket, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
11. Order fulfillment time - the time during which the order placed by the Customer of the Online Store will be produced, completed, packed, sealed by the Seller and forwarded for delivery by the form of delivery chosen by the Customer.
12. Business day - one day from Monday to Friday, excluding public holidays.
13. Act on Consumer Rights - the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827, as amended).
14. Civil Code (KC / kc) - the Civil Code Act of April 23, 1964. (Journal of Laws of 2014, item 121, as amended);
15. Regulations - these regulations.
16. Price - gross remuneration specified in Polish zlotys or in another currency (including tax) due to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs, unless the terms of the Promotion applied by the Store or the Seller provide otherwise.
17. Account - Electronic Service, marked with an individual name (Login) and Password as a set of resources provided by the Customer in the Organizer's ICT system, allowing the Customer to use additional functionalities / services. The Customer gains access to the Account using the Login and Password. The customer logs in to his Account after registering in the Online Store. The account allows you to save and store information about the Customer's address data for shipment of Products, tracking the status of Orders, access to the history of Orders, and other services provided by the Organizer.
18. Cart - a service made available to every customer who uses the Online Store, consisting in enabling him to easily make inquiries or place an Order for the Product (s). The basket contains the prices of individual Products and all Products in total (including delivery costs), the expected date of delivery of the Products. The basket collects offers to conclude a Sales Agreement submitted by the Customer.
19. Login - the Customer's e-mail address provided as part of the Online Store when creating the Account.
20. Promos - special conditions of sale or provision of services by the Organizer or the Seller, regulated on the terms expressed in the Online Store, proposed by the Organizer on specific terms, which the Customer may use.
§2 General provisions
3. The data controller applies appropriate technical and organizational measures to ensure the protection of personal data corresponding to the threats and categories of data protected. First of all, it protects data against disclosure, removal, processing, loss, alteration, damage or destruction by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection policy (security policy, personal data protection regulations, IT system management manual).
4. The administrator of personal data is Feneste LLC. SKA, NIP: 734-35-967-34, 33-311 Wielogłowy, Wielogłowy 142, e-mail: firstname.lastname@example.org
5.Each person - Consumer / customer whose data is processed has the right to:
a) supervising and controlling the processing of personal data for which the seller keeps a collection of customer data of the above-mentioned store;
b) obtain exhaustive information whether such a collection exists and is kept by the seller;
c) determine who is the data administrator, determine his address, seat, name, if the administrator is a natural person, to determine his name and place of residence;
d) obtain information about the purpose, scope, method and time of processing the data contained in such a set;
e) obtain information in an intelligible form of the content of such data;
f) get to know the source from which the data concerning him originate, unless the data controller is obliged to keep secret classified information or professional secrecy in this respect;
g) requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, out of date, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
6. The Client / Consumer, in accordance with par. 5 of this paragraph, you have the right to inspect the content of personal data being processed, correct them, and request deletion of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the set on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for supplementing, updating or rectifying them is specified in separate legal provisions, including the act.
7. In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Organizer within the meaning of the Act of May 10, 2018. on the protection of personal data and in accordance with the provisions of the EU Council Regulation 2016/679 (of 27 April 2016, Journal of Laws UE.L. No. 119). Data may be transferred to another entity only if legally required or necessary for the execution of the order placed.
8. The Customer may agree to receive advertising and commercial information by electronic means from the Seller by subscribing to the NEWSLETTER.
9. The Customer using the Organizer's Services provided via the Online Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and is not inconsistent with applicable law and the principles of social coexistence.
10. The Organizer carries out orders on the territory of Poland and orders placed by Consumers in Europe, and after prior arrangement of the terms of delivery, also in other countries.
11. All the Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information on the Goods on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964. Of the Central Committee.
§3 Terms of the provision of services
2. The contract for the provision of services is concluded electronically in the form of enabling the Customer to fill in the order form, the contract is concluded for a definite period of time when the Customer begins to fill in the form and is terminated when the form is not completed or the Organizer's completed form is sent. . The process of completing the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or change the contract.
3. An order by electronic means can be placed 24 hours. daily, 7 days a week.
4. The costs of the Customer related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his supplier with whom the customer has signed a contract for the provision of Internet services.
§4 Terms of the contract
1. To conclude a valid and binding party to the Sales Agreement, the Customer selects in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Goods, the Customer fills out the online order form, indicating the data necessary for the Seller to fulfill the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
2. Registration of the Customer Account in the Online Store is voluntary and free of charge.
3. Immediately after receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order, which is also its confirmation.
4. The customer receives an e-mail with the title "Order no[numer zamówienia] "Containing all essential elements of the Order. This e-mail only confirms the receipt of the order and does not constitute a declaration of will to conclude a contract.
5. In case of doubt, the contract is considered concluded with the moment the Customer receives a second e-mail informing about the acceptance for execution with the wording "Order accepted for execution". This e-mail is a declaration of will to conclude a contract and confirms the conclusion of an Agreement with the Seller. The sales contract is considered concluded when the Customer receives the e-mail referred to above. The sales contract is concluded in Polish.
6. In addition, the message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) together with with delivery costs and the amount of discounts granted (if applicable).
7. If the Customer has more discounts from several sources / promotions, they are subject to aggregation / summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions / discounts, only one discount (one promotion) can be selected for a given purchase.
§5 Order fulfillment
1. The order fulfillment time in the case of products marked with availability "on request" is specified each time on the product page (the time of completion runs from the date of receipt by the Customer of the e-mail entitled "order accepted for execution" - in accordance with §4 section 5). The duration of the contract consists primarily of the order preparation time (production, completion and packaging of the order, delivery of the shipment to the courier, and in selected cases, the performance of the Goods). The order delivery time depends on the chosen delivery method.
2. In the event of exceptional circumstances or the inability to execute the order in the indicated in sec. 1 time, the Seller immediately contacts the Customer in order to determine the further course of action, including setting a different date for the contract, changing the method of delivery.
1. The delivery of the Goods takes place via the operator of Poczta Polska or a courier company, company transport, or otherwise accepted by the parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
2. Ordered Goods are delivered according to the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address or picked up in person at the personal collection point at the address provided during the execution of the order.
3. The goods are always packed in a way that corresponds to its properties, so as not to be damaged, lost or destroyed during transport.
4. The customer is informed about delivery costs on an ongoing basis, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of ordered goods, their weight and the method of shipment.
§7 Payment methods
1. The Seller enables payment for the ordered Goods in the form of a prepayment to the bank account.
2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online transfer of electronic banking via the Przelewy24 online payment service.
1. Delivery of the Goods under the warranty for defects takes place at the expense of the Seller.
2. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the Consumer Goods at the time of its release were inconsistent with the contract, have physical and legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found before the expiry of two years from the release of the Goods to the Buyer, and in the event of replacement of the Goods, this period shall run anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
a) does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination;
b) does not have properties that the Seller has provided to the Buyer, including by presenting a sample or pattern;
c) it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections as to its intended use;
d) was delivered to the Buyer incomplete.
3. Notification of defects in the Goods should be sent by e-mail to the Seller's e-mail address, by completing the electronic form on the website of the online store or in writing to the Seller's mailing address (see §1 section 2: "Seller's address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex 2 to these Regulations, which only facilitates the complaint process, does not constitute any requirement to use the above-mentioned template for the effectiveness of the complaint.
4. If it is necessary for the correct assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 section 2: "Seller's address") as soon as the Product properties allow it.
5. The Seller shall respond immediately to the Consumer's notification, but not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its consideration by the Seller and considering it as justified.
6. The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.
1. In accordance with the provisions of law, the Customer who is a Consumer pursuant to Art. 27 of the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on the rights of the Consumer, the right to withdraw from a distance contract without giving any reason, except for the circumstances indicated in paragraph 14 of this section
2. The right to withdraw from the contract is granted within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party indicated by him other than the carrier.
3. When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within fourteen days.
4. The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller's mailing address at the Customer's choice. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the Seller.
5. To meet the deadline specified in sec. 2, it is enough to send the Customer's statement on withdrawal from the contract before its expiry.
6. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide an answer if any questions.
7. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer's declaration of withdrawal from the contract, reimburse the Customer for all payments received from him, including the costs of delivering the goods. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.
8. If the Seller, after obtaining the consent from the Customer, did not undertake to collect the Goods himself, the Seller may withhold the reimbursement of payments received, including the costs of delivering the goods, until the Goods are returned or the Customer provides proof / confirmation of its return. whichever occurs first.
9. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.
10. The Customer who is a Consumer bears only the direct costs of returning the Goods.
11. The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33 and / or Art. 34 of the Consumer Law.
12. The goods should be delivered to the Seller's address (in accordance with §1 section 2 of the Regulations).
13. The consumer is liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. This means that the Buyer has the right to evaluate and check the Goods, but only in the way that he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot normally use the goods, otherwise, withdrawing from the contract, he may be charged with additional costs due to the reduction of its value.
14. The right to withdraw from the contract is not entitled to the customer in relation to the contracts specified in art. 38 of the Act of May 30, 2014. on Consumer's rights, including in. in situation:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, which may occur before the deadline to withdraw from the contract;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
d) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
e) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
§10 Complaints procedure
1. For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or registered office address and e-mail address, the subject of the complaint, if possible the order number along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of a complaint (description of what it consists of) or what features the ordered product does not have, and according to the Seller's assurances or according to the method of presenting it to the Customer, it was supposed to have.
2.If the Customer is a Consumer, he may request the replacement of the Product with one that is free from defects instead of the one proposed by the Seller, removal of the defect, or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Customer, or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
3. Unless separate provisions provide otherwise, the Seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt. If the Seller has not responded to the complaint within the period referred to above, it is considered that the complaint has been accepted. The Seller provides the response to the complaint to the Customer / Consumer on paper or other durable medium (e.g. USB stick or CD / DVD, responding to the complaint.)
4. If the complaint is not considered within the prescribed period, it should be considered as considered by the Seller. A claim to withdraw from the contract, if it is not processed on time, does not constitute acceptance of the submitted complaint.
1. The customer is not entitled to:
a) posting personal data of third parties, disseminating the image without the required consent or consent of the third party to whom these data relate;
b) posting advertising and / or promotional content, inconsistent with the purpose of the Online Store.
2. It is forbidden for the Customer to post any content that could, in particular:
a) be posted with the intention of infringing personal rights of third parties;
b) be posted in bad faith or that could be considered as such;
c) violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality clause, especially those defined as secret or top secret;
d) be offensive or constitute a threat to other people, statements commonly considered offensive, e.g. profanity;
e) violate the legitimate interests of the Organizer;
f) be sending or posting unsolicited commercial information (spam) as part of the Online Store;
g) otherwise violate good manners, applicable law, social or moral norms.
3. If the notification is received by a third party, an authorized person or a state authority of the Organizer, the Organizer reserves the right to modify or delete the content posted by the Customer, if it is found that it may constitute a violation of these Regulations or applicable law. The organizer does not control the content on an ongoing basis.
§12 Out-of-court methods of dealing with complaints and redress
Information on extrajudicial methods of dealing with complaints and redress, as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) Consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and under the following the addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
The consumer has, inter alia, the following options to use extrajudicial means of dealing with complaints and pursuing his claims:
a) applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.
b) applying to the permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
c) requesting free legal aid, inter alia to the Consumer Federation - website address: www.federacjakonsumentow.org.pl.
The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded website sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
The use of out-of-court complaint and redress procedures is voluntary and may only take place when both parties to the dispute, i.e. the Seller and the Customer, agree to it.
§13 Final provisions
1. The online store honors all rights of customers provided for in the provisions of applicable law.
2. If the applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of the applicable law and thus are binding on the above-mentioned owner.
3. All content posted on the website of the Online Store (including graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Organizer. Using this content without the Organiser's written consent results in civil and criminal liability.
4. The organizer - the owner of the store as the administrator of personal data, inform you that:
Providing data is always voluntary, but necessary to complete the order;
The person providing their personal data has unlimited access to all content of their data and rectification, deletion (the right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, the data may, however, be made available to the competent state authorities when required by the relevant regulation;
The basis for the processing of personal data will be Art. 6 sec. 1 point a) and the content of the general data protection regulation;
Personal data will be stored and processed for the period necessary to complete the processing and performance of the order, but not longer than for a period of 3 years (2 years is the complaint period and 1 year for any other claims and exceptional circumstances);
The person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office when they consider that the processing of personal data regarding the performance of the contract violates the provisions of the general regulation on the protection of personal data of April 27, 2016.
5. With regard to the processing of personal data of this Online Store, an appropriate level of protection has not been determined by the European Commission by way of a decision, but the data will be properly secured using IT and legal solutions and measures.
6. Your data will be processed in an automated manner, also in the form of profiling.
7. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:
a) the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended);
b) the Act of 27 July 2002 on special terms and conditions of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);
c) the Act of April 23, 1964. Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
d) the Act of 18 July 2002. on the provision of electronic services (Journal of Laws of 2013, item 1422 as amended);
e) the Act of June 30, 2000 Industrial property law (Journal of Laws of 2001, No. 49, item 508, as amended);
f) the Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, as amended);
g) the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827 as amended).
8. The amended Regulations are binding on the Customers if the requirements specified in Art. 384 KC (ie the Client has been properly notified of the changes).
9. The organizer reserves the right to amend these Regulations for important reasons, that is:
a) changes in the law;
b) changes in payment and delivery methods;
c) changes in exchange rates;
d) changes in the manner of providing services by electronic means covered by the regulations;
e) changes to the Seller's data, including e-mail address and telephone number.
10. Amendments to the Regulations do not affect the placed and already implemented orders, the Regulations in force at the time of placing the order shall apply to them. The organizer informs about the intended change on the website of the online store at least 30 days in advance. In the event of non-acceptance of the amended regulations, customers may terminate the contract with immediate effect within 30 days from the date of receipt of the message.
11. Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court at the choice of the Customer who is also a Consumer, in accordance with the relevant provisions of Polish law.
12. Annexes to the Regulations constitute its integral part.
13. The sales contract is concluded in Polish, with the content in accordance with the Regulations.
14. Customers of the above-mentioned store can access these Regulations at any time via the link on the main page of the Online Store and download it and print it out.
15. The Regulations come into force on 01/01/2021
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