Terms & Conditions
These Terms & Conditions lay down rules to make purchases in the online store managed by the Seller at www.furdeko.pl.
§ 1. ENTREPRENEUR DETAILS
The online shop is operated by:
ANZA Andrzej Zaborowski
ul. Nowa 16/18
hereinafter referred to as the Seller.
The company is registered in the Central Register of Business Activity under Tax Identifier Number (NIP) 727-002-78-92, REGON: 470822146, CEIDG: 906.
MINISTRY OF ECONOMY, Plac Trzech Krzyży 3/5, 00-507 Warszawa tel. (22) 693 50 00, fax (22) 693 40 46 48, email: firstname.lastname@example.org.
The Seller can be contacted:
- at phone number: 42 678-95-51 (cost per minute at the rate of the caller's operator)
- by e-mail address: email@example.com.
The Terms & Conditions have been provided in accordance with the provisions of the Act of 30 May 2014 on Consumer Rights.
Before placing an order, please read the Terms & conditions carefully.
By making purchases on the Website, Customer agrees to be bound by the provisions set out herein.
§ 2. DEFINITIONS
For the purposes of these Terms & Conditions, the following terms shall have the following meanings:
2.1. SELLER - the entity rendering sales services via the Website www.furdeko.pl, under the conditions laid down herein;
2.2. CUSTOMER - a Consumer or an Entrepreneur who makes an Order and Transaction on the Website under the conditions laid down herein;
2.3. GOODS - moveable property, presented at the Online Store to which the Transaction applies;
2.4. HOME - Internet service www.furdeko.pl;
2.5. SHOP (SHOP) - Internet service available at www.furdeko.pl through which a customer can place an order;
2.6. CUSTOMER ACCOUNT (ACCOUNT) - space made available to the customer at the Shop in accordance with the Terms & Conditions, allowing the Customer to use the functionality of the Shop after registering or logging into the Shop and, in particular, to conclude a Transaction, track the status of orders and access the history of Orders;
2.7. ORDER - a duly completed Order form available in the Shop sent by the Customer as well as an Order placed by phone or e-mail, containing, among others, the Customer's details and the type and quantity of the Goods which the Customer intends to purchase in the Shop;
2.8. PROMOTION - reducing the sales price of the Goods, which aims at sales activation;
2.9. SALE - reducing the sales price of the Goods, which aims at selling goods out;
2.10. DISCOUNT CODE - a code for a single reduction of the total of the Order, obtained by the Customer during marketing campaigns run by the Seller;
2.11. TRANSACTION - an agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer using the Shop;
2.12. PAYMENT - cash consideration paid by the Customer for the Transaction;
2.13. SHIPPING COSTS - costs to be incurred by the Customer or the Seller in order to transport the Goods between the Customer and the Seller;
2.14. ICT SYSTEM - a set of cooperating IT equipment and software for processing and storage as well as sending and receiving data via telecommunications networks using terminal equipment appropriate for the type of network;
2.15. RETURN OF GOODS - return the Goods ordered due to changes in Customer's decisions, Reimbursement does not require a reason;
2.16. COMPLAINT NOTIFICATION - a written notification submitted by the Customer in the process of Complaint;
2.17. COMPLAINT - dissatisfaction with the Goods expressed by the Customer resulting in the request for replacement or repair of the Goods;
2.18. NEWSLETTER - a kind of online magazine broadcast subscribers by electronic mail.
3.1. In terms of technical requirements necessary for cooperation with the ICT system used by the Seller to fulfil purchases, the Customer must have an active e-mail account and a device connected to the Internet, fulfilling the following minimum technical requirements:
a. Internet browser (updated for a given operating system) Google Chrome, Internet Explorer, Mozilla Firefox, Opera with installed latest versions of JAVA and FLASH applications;
b. minimum screen resolution of 1024x768 pixels;
3.2. The Seller does not guarantee the correct functioning of the Shop on the Customer's device in the event of failure to comply with the minimum requirements laid down in 3.1.;
3.3. The Seller advises that the details of appearance of Goods offered in the Online Store (colours and shades, in particular) visible on the Customer's devices (screen, display) or on printouts made by the Customer may differ from the actual ones, depending on the individual properties and settings of these devices;
3.4. In the computer system of the Customer using the Website cookies may be stored (unless the Customer has blocked this functionality in its Internet browser), i.e. information provided by the Website's server to the Customer's computer on the stipulation that the Website server shall be able to read only information left by this server and the ActiveX plug to handle information transmitted by the Shop;
3.5. Transferring data by the Customer is secured by SSL protocol, which allows for transmitting information between the Customer's device and the Website in an encrypted way;
3.6. In order to safeguard its own device and information left in the Shop, the Customer should proceed in accordance with the generally accepted principles of online safety;
3.7. The Customer is obliged not to transmit content prohibited by law, e.g. content promoting violence, defamatory content or content violating personal and other rights of third parties.
§ 4. PLACING ORDERS
4.1. Orders shall be placed in the Shop www.furdeko.pl;
4.2. Orders can be placed 24 hours a day, 7 days a week throughout the year, with the exception of technical and maintenance breaks;
4.3. All prices quoted in the Shop www.furdeko.pl are gross prices (including VAT) given in Polish zlotys. The proposed price does not include shipping costs, which are defined separately in 5.7;
4.4. Promotions and sales in the Shop cannot be cumulative;
4.5. The Order is effective if the Customer duly completes the Order form on the Website or places an Order by phone or e-mail and gives correct contact details, including the full address to which the Goods are to be sent as well as phone number and e-mail address;
4.6. For the purpose of placing the Order and a Transaction, Customer shall have no obligation to establish their own Customer Account in the Shop;
4.7. The Seller shall contact the Customer if the given details are incomplete. If it is not possible to contact the Customer, the Seller shall have the right to cancel the Order;
4.8. In the process of placing an Order, the Customer may express willingness to receive the fiscal receipt or VAT invoice that can be attached to the consignment or sent by electronic means to the indicated e-mail address in the form of an electronic image of billing documents, such as VAT invoices with attachments, correcting VAT invoices with attachments and forms, in particular. This agreement shall also entitle the Seller to issue and send electronic VAT invoices, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on Sending Invoices in an Electronic Form, Rules of their Storing and the Manner of Making them Available to a Tax Authority or a Tax Inspection Body;
4.9. When placing the Order, the Customer may consent to the inclusion of its personal details in the database of the Seller's Store in order to process them for the purposes of the Order fulfilment. In the case of granting consent, the Customer shall have the right to inspect its details, amend them and request their removal;
4.10. The Customer can use the option of remembering its details by the system in order to facilitate the process of placing further Orders. To this end, the Customer should enter Login and Password necessary to gain access to its Customer Account. Otherwise the system will generate a Login and Password for the Customer and will inform about it in a separate message sent to the Customer's e-mail address;
4.11. In order to submit the Order, it is necessary to accept the Terms & Conditions, give personal information marked as required and press the "Order with payment obligation" button;
4.12. After the Order has been duly placed by the Customer, it shall receive a reply from the Seller to the given e-mail address together with a request for confirmation of the Order placement;
4.13. The Transaction is treated as concluded from the moment of receiving by the Customer the e-mails referred to in section 4.12;
4.14. The Seller reserves the right to refuse the Order fulfilment in case of:
a. filling an Order form or giving details by phone unduly/incompletely (not all the data needed for the Order fulfilment),
b. not receiving payment within 5 business days of the Order placement (if "payment by bank transfer" was selected),
4.15. Any doubts and irregularities associated with the Order or Transaction shall be considered Monday to Friday (excluding public holidays) from 8:00 to 4:00 p.m.
§ 5. TIME AND COST OF ORDER CONSIGNMENT DELIVERY
5.1. The start time of the Order fulfilment shall be uniform with the moment of payment being deposited to the bank account indicated in the Order confirmation, in case of payment by bank transfer, or with the moment of the Order being placed, in case of selecting the "cash on delivery" or "personal collection" options;
a. The Order fulfilment shall begin after the Order status has been changed to "Processing"; status is also available by logging on the Customer's account;
5.2. The Goods are sent to the address indicated on the Order form or given during placing the Order by phone or e-mail. The Seller shall forthwith inform the Customer of any irregularities that make it impossible to dispatch or may delay it;
5.3. The Goods are sent on weekdays within working hours 8:00-4:00 p.m.;
5.4. In some exceptional circumstances the Order shipment may be delayed. If this is the case, the Seller shall inform the Customer of the situation and the Customer may cancel the Order;
5.5. Prior to shipping the Order, the Customer has the right to terminate the Order or make the modifications by contacting the Seller at the phone number: 42 678-95-51 or by e-mail sent to the address: firstname.lastname@example.org;
5.6. The Goods are delivered using GLS courier (general terms of courier services can be found at www.gls.pl). There is also possibility of personal collection of the Goods at the Seller's premises (Łódź, ul. Nowa 16/18, Monday to Friday 8:00-4:00 p.m., excluding public holidays);
5.7. In order to deliver the Goods, the Customer shall be charged with Shipping Costs set out below:
National shipping courier GLS:
- Payment by bank transfer - 17 PLN gross, delivery 1-2 days.
- Cash on delivery - 22 PLN gross, 1-2 working days,
International GLS courier shipment:
- According to the rates of GLS
5.8. If the Customer selects cash on delivery payment and refuses to accept the Order consignment, it shall be charged with the Shipping Costs (including the cost of the Order delivery and return);
§ 6. PAYMENTS
6.1. We issue a proof of purchase (RECEIPT) or personal proof of purchase (VAT INVOICE) for all the Goods sold .
6.2. The Customer may make a Payment in one of the following forms:
- by transfer to the Store's bank account (the account number given while placing the Order),
- cash on delivery (when collecting the ordered Goods from the GLS courier),
- in person (in cash or by card) when collecting at the company's premises.
§ 7. WITHDRAWAL FROM THE TRANSACTION (RETURN)
7.1. A Customer who has concluded a distant Transaction shall have the right to withdraw from the Transaction without any reason by submitting a Declaration of withdrawal from Transaction in writing (form attached to the e-mails from the Store www.furdeko.pl and under the text of the Terms & Conditions) within 14 working days from the date of the Order receipt. To comply with this deadline, the Customer shall send the Declaration before its expiry to the Seller's address:
ANZA Andrzej Zaborowski
ul. Nowa 16/18
(marked as "RETURN");
7.2. The Seller shall be obliged to acknowledge the receipt of the Declaration by post or electronic mail at the address indicated by the Customer;
7.3. The aforementioned Declaration cannot be used by the Customer who purchases the Goods for the purposes of its business activity and asks for the VAT invoice to be issued;
7.4. By executing the right of Withdrawal from Transaction, the Customer is obliged to return the Goods in the unaltered state unless that alteration was necessary within the normal management of the Goods;
7.5. The Customer shall be liable for the reduction in the value of the product (Goods) resulting from its use in a way that is beyond necessary to determine the nature, characteristics and functioning of the product; the Seller has the right to bring a claim for compensation against the Entrepreneur for the reduction in the value of the Goods;
7.6. The return must take place immediately, not later than within 14 working days from the date of the Declaration submission. The Goods must be returned by sending them together with a copy of the proof of Transaction to the Seller's address:
ANZA Andrzej Zaborowski
ul. Nowa 16/18
It is suggested to send the Goods, a copy of the proof of Transaction and the Declaration (marked as "RETURN") in a single consignment;
7.7. The cost of the Return of Goods shall be borne by the Buyer;
7.8. The Goods should be properly packed and protected from soiling, moisture and mechanical damage;
7.9. The refund of the amount due to the Customer for the withdrawal from Transaction shall be within 14 working days from the date of delivery of the Goods to the Seller's address;
7.10. The Customer shall receive the amount due to the bank account indicated in the Declaration referred to in § 7.1. or by postal order to the address indicated by the Customer;
§ 8. COMPLAINTS PROCEDURE
8.1. Complaints Procedure is based on the principles defined in the Act on Consumer Rights of 30 May 2014;
8.2. The Seller shall be liable under the warranty for physical defects in case they are found before the elapse of two years from the day on which the Goods were released to the Consumer. The Consumer shall lose its powers if before the elapse of twelve months from finding non-conformity of the Goods with the Transaction it does not notify the Seller thereof;
8.3. In accordance with the applicable provisions of law, the Seller's liability shall apply to existing defects of the Goods at the time of its release;
Defects of the Goods involve:
- defects decreasing the value or utility,
- lack of properties the existence of which the Seller assured,
- incomplete products released;
The definition of a physical defect of goods does not include:
a. damage caused by normal wear and tear of the Goods,
b. mechanical damage of the Goods,
c. damage caused by improper use of the Goods, inappropriate maintenance or lack of maintenance, use contrary to the intended use, in particular;
8.4. The Seller shall not bear liability under the warranty if the Customer was aware of the defect at the time of the conclusion of Transaction (on the basis of explicit information about the defect of the Goods appearing on the Goods and on the proof of purchase);
8.5. When submitting a Complaint, the Customer shall be obliged to provide the Seller with the Goods under complaint, along with a copy of the proof of Transaction and the completed Complaint Notification (a form attached to the consignment);
8.6. If the Customer refuses to provide its details in the Complaint Notification, it shall be obliged to appear within 14 working days from the date of submission of the Complaint Notification at the Seller's headquarters at
ANZA Andrzej Zaborowski
ul. Nowa 16/18
8.7. Complaints must be submitted to the Seller's address:
ANZA Andrzej Zaborowski
ul. Nowa 16/18
8.8. If the Goods have physical defects, the Customer may request to bring them into compliance with the Transaction by free replacement with new ones unless the replacement is impossible or involves excessive costs. When evaluating the cost excessiveness, the value of the Goods compliant with the Transaction shall be taken into account as well as the nature and degree of the non-compliance found;
8.9. The Seller shall consider the Complaint within 14 working days from the date of the Complaint submission. In the case of considering the Complaint in favour of the Customer, the Seller shall replace the Goods under complaint with new, faultless ones and shall send them to the address indicated by the Consumer;
8.10. It is possible to withdraw from the contract, that is to Return the defective Goods only if the first/previous complaint does not satisfy the Customer's needs;
8.11. The Complaint shall be deemed to be considered in favour of the Consumer if the Seller does not reply to the Customer's Complaint Notification within 14 working days, following which the Seller is obliged to execute the Customer's request included in the Complaint Form (Goods replacement, lowered price, cash refund);
8.12. In the case of considering the Complaint in favour of the Customer, the Shipping Costs of the Goods under complaint to the Seller and the Shipping Costs of the repaired or replaced Goods to the Customer shall be borne by the Seller;
8.13. If the Complaint is found to be non-existent, the Shipping Costs of the Goods under complaint shall be borne by the Customer;
8.14. Differences (in colour shades, in particular) between the images on the Website and the actual appearance of the Goods delivered within the Transaction, arising from the properties of the devices used by the Customer, i.e. screen, display or printer, cannot be considered by the Customer as the physical defect of the Goods aggravating the Seller;
8.15. If such differences are found and if they make the Customer less satisfied or dissatisfied with the purchase of the Goods, the Seller shall suggest that the Customer should use its right of Return, as referred to in 7, rather than the Complaint procedure.
9.2. The Customer who wishes to receive information about the current business offer of the Seller, may subscribe to the Newsletter by providing its e-mail address and/or mark its willigness to receive the Newsletter while setting up the Account. To processing of the Personal Data, section 9.1 shall apply;
9.3. The Customer has the right to inspect, correct and demand the removal of its data. To this end, the Customer shall sent request to the Seller in the form of an e-mail to email@example.com or by registered mail to the Seller's address at:
ANZA Andrzej Zaborowski
ul. Nowa 16/18
9.4. Customer data can be processed for marketing and informative purposes regarding the Shop's offer within the perimeter, to which the Customer has agreed;
9.5. Data transmissions conducted by the Shop are protected against unauthorized access (eg. transmitting protocol SSL);
§ 10. CHANGES TO TERMS & CONDITIONS
10.1. Customers with a Customer Account in the Store shall be informed via e-mail of any change to the Terms & Conditions;
10.2. If a change to the Store's Terms & Conditions was made during the time that has elapsed since the last logging in or placing an Order, the Customer shall accept or not their provisions after the amendment. In the absence of acceptance of the Terms & Conditions, in particular after changes being introduced, shopping in the Online Store shall not be possible;
10.3. The Customer who does not accept the changes introduced to the Terms & Condition shall have the right to remove its account at any time;
10.4. Orders placed by Customers before the changes to the Terms & Conditions become effective, shall be processed according to the existing provisions of the Terms & Conditions;
§ 11. FINAL PROVISIONS
11.1. To all matters not settled herein, the provisions of the Act of 2 March 2000 on the Protection of Certain Consumer Rights and on the Liability for Damage Caused by a Dangerous Product (Polish Journal of Laws 2000 No. 22, item 271 as amended), the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Polish Journal of Laws 2002 No. 141, item 1176 as amended) as well as the Act of 23 April 1964 Civil Code (Polish Journal of Laws 1964 No. 16, item 93 as amended) shall apply;
11.2. Disputes arising from the application hereof and relating to the execution of Transactions concluded between the Store and the Customers shall be considered by a Court of competent jurisdiction under the provisions of the local and subject matter jurisdiction in accordance with the Act of 17 November 1964 – the Code of Civil Procedure (Polish Journal of Laws No. 43, item 296 as amended).
These regulations valid from the date 19.02.2015r.
Please be advised:
- the delivery lead time is maximum 30 days,
- all goods offered by the seller are free from physical and legal defects, and they have been legally entered to the Polish market (this information obliges the seller to deliver faultless products to the customer),
- each Customer has the opportunity to become familiar with the code of good business practices, available in Article 2 paragraph 4 of the Act of 23 August 2007. The current wording of the Act is available at http://isap.sejm.gov.pl/.
- each Customer has the opportunity to out-of-court settlement of disputes arising from the agreement,
The Customer shall be entitled to recourse to a permanent arbitration of consumer court acting at the Commercial Inspection requesting to settle the dispute arising from the concluded Contract of Transaction.
The Customer shall be entitled to apply to the provincial inspector of the Commercial Inspection for the initiation of mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller.
The Customer may receive free legal assistance to the settlement of the dispute between the Customer and the Seller, using also free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks are to protect consumers (Consumer Federation, Association of Polish Consumers, among others). Tips are provided by the Consumer Federation under a free consumer hotline number 800 007 707 and by the Association of Polish Consumers via e-mail at firstname.lastname@example.org.
- the Court of competent jurisdiction for the settlement of disputes relating to the execution of agreement is the court competent for the Customer's place of residence,
- the language used in the relations between the Seller and the Customer is the Polish language.
Act of Consumer Rights of 30 May 2014 Article 12.
1. An entrepreneur is required to provide the consumer, in a clear and comprehensible way, no later than the moment the consumer expresses its will to be bound by a distance contract or an off-premises contract, with the following information:
1) the main characteristics of the contract performance, including the goods and services to be provided, and the means of communication with the consumer;
2) the entrepreneur’s identity, in particular information on the business name, the authority which registered the business and the registration number of that business;
3) the entrepreneur’s address, e-mail address, and phone and fax numbers, if available, which the consumer can use to quickly and effectively contact the entrepreneur;
4) the address for consumer complaints, if different from the address referred to in point 3;
5) the total price or remuneration for the goods or services, tax included, or where the nature of the goods or services does not reasonably allow calculation of the price or remuneration in advance – the manner in which the price or remuneration is to be calculated, as well as freight, delivery or postal charges or any other charges, where those charges cannot be determined, the fact that such charges may be payable; in cases of an indefinite term contract, or a contract which includes subscription, the entrepreneur is obliged to state the total price or remuneration, covering all the payments for the accounting period, and where the contract provides for a fixed rate – also about the total monthly payments;
6) the costs of using a means of distance communication for the purposes of concluding a contract, if such costs exceed the standard fees for using the means of communication;
7) the method and the time limit for payment;
8) the method and the time limit for contract performance by the entrepreneur as well as the complaint consideration procedure applied by the entrepreneur;
9) the method and the time limit for exercising the right to withdraw from a contract pursuant to Article 27, as well as about the model withdrawal form attached as appendix no. 2 to this Act;
10) the costs incurred by the consumer for the return of goods in the case of withdrawal from the contract; in relation to distance contracts – the costs of returning goods, where the nature of the goods makes them impossible to send back via the standard postal service;
11) the consumer’s obligation to pay reasonable costs incurred by the entrepreneur pursuant to Article 35, where the consumer withdraws from the contract after a request is made pursuant to Article 15 paragraph 3 and Article 21 paragraph 2;
12) the lack of the right to withdraw from a contract pursuant to Article 38 or of circumstances in which the consumer loses the withdrawal right;
13) the entrepreneur’s obligation to deliver goods free of defects;
14) the guarantee and its content and about after-sales services and the manner in which they are provided;
15) the code of good practice referred to in Article 2 paragraph 5 of the Act of 23 August 2007 on Combating Unfair Commercial Practices and the manner of becoming familiar with this code;
16) the duration of the contract, or in the case of an indefinite term contract or where the contract is to be automatically renewed, about the manner and grounds for serving notice of termination of the contract;
17) the minimum duration of the consumer’s obligations arising from the contract;
18) the amount and the manner of providing a deposit or issuing other financial guarantees which the consumer is required to provide upon the entrepreneur’s request;
19) the functionality, including applicable technical protection measures, of digital content;
20) any relevant interoperability of digital content with computer hardware and software of which the entrepreneur is aware or should be aware;
21) the possibility of having recourse to an out-of-court complaint and making claims mechanism and the methods for having access to these procedures.
2. If a contract is concluded on behalf of another entrepreneur, information on that entrepreneur’s identity, as specified in paragraph 1 subparagraphs 2 to 4, should be provided.
3. In cases of public auctions, the information referred to in paragraph 1 subparagraphs 2 to 4 can be substituted with information about the auction organiser.