terms and conditions of store
§ 1 Preliminary Provisions
- Online store, available at the internet address https://frsc.pl, is run by FRSc Spółka z ograniczoną odpowiedzialnością with its registered office in 36-100 Kolbuszowa Dolna, ul. Tyszkiewiczów 2, entered into the Register of Entrepreneurs kept by the District Court in Rzeszów - XII Commercial Division of the National Court Register - share capital in the amount of PLN 5,000.00, NIP: 5461393112, KRS: 0000656758, REGON: 366236590.
- These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely via the Store.
§ 2 Definitions
- Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
- Seller– FRSc Limited Liability Company with its registered office in 36-100 Kolbuszowa Dolna, ul. Mielecka 105, entered into the Register of Entrepreneurs kept by the District Court in Opole - VIII Commercial Division of the National Court Register - share capital in the amount of PLN 5,000.00, NIP: 5461393112, KRS: 0000656758, REGON: 366236590.
- Customer - any entity making purchases via the Store.
- Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.
- Shop - an online store run by the Seller at the Internet address https://frsc.pl.
- Agreement concluded at a distance - an agreement concluded with the Customer as part of an organized system for concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication until including conclusion of the contract.
- Order - Customer's declaration of intent submitted via the Order Form and aiming directly at concluding a Product or Products Sales Agreement with the Seller.
- Zamówienie – oświadczenie woli Klienta składane za pomocą Formularza Zamówienia i zmierzające bezpośrednio do zawarcia Umowy Sprzedaży Produktu lub Produktów ze Sprzedawcą.
- Account - a customer account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
- Registration form– a form available in the Store that allows you to create an Account.
- Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of payment.
- Cart – an element of the Store's software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
- Product – a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as - applying to the characteristics of the Product - a contract for the provision of services and a contract for specific work.
- Invoice - a document in electronic or paper form (at the customer's request) containing data required by law and regulations.
§ 3 Contact with the Store
- Seller's address: ul. Mielecka 105, 36-100 Kolbuszowa, POLAND
- Seller's e-mail address: email@example.com
- Seller's phone number: +48 795 666 509
- Seller's bank account number: PL77 1050 1562 1000 0090 3266 0020
- The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
- The Customer may communicate with the Seller by phone from Monday to Friday from 8:00 a.m. to 4:00 p.m. local time.
§ 4 Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:
- terminal device with access to the Internet and a web browser
- active e-mail account,
- cookies enabled.
§ 5 General information
- The Seller, to the fullest extent permitted by law, is not responsible for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
- The prices given in the Store are given in Polish zlotys and are gross=net prices. The seller is subjectively exempt from VAT [supply of goods or provision of services exempt under Art. 113 sec. 1 (or section 9) of the Act of March 11, 2004. on tax on goods and services (Journal of Laws of 2011 No. 177, item 1054, as amended)].
- The final (final) amount to be paid by the Customer consists of the price for the Product, about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
- In the case of an Agreement covering subscription or provision of services for an indefinite period, the final (final) price is the total price including all payments for the settlement period.
- When the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the final (final) price in advance, information on the manner in which the price will be calculated, as well as charges for transport, delivery, postal services and other costs will be provided in the Store in the Product description.
§ 6 Setting up an Account in the Store
- To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following e-mail address and password details.
- Setting up an Account in the Store is free.
- Logging into the Account is done by entering the login and password set in the Registration Form.
- The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.
§ 7 Order submission rules
In order to place an Order, you must:
- log in to the Store (optional);
- select the Product being the subject of the Order, and then click the "Add to Cart" button (or equivalent);
- log in or use the option of placing an Order without registration;
- if the option of placing an Order without registration has been selected - fill in the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the details of the recipient of the Order,
- choose one of the available payment methods depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.
- click the "Buy and pay" button
§ 8 Payment and delivery methods offered
- The customer can use the following payment methods:
- BLIK payments, payment card, electronic transfer via the external payment system imoje,
operated by ING Bank Śląski S.A. based in Katowice.
- Payment by bank transfer to the Seller's account
- BLIK payments, payment card, electronic transfer via the external payment system imoje,
- The Customer may use the following methods of delivery or collection of the ordered Product:
- InPost Parcel Locker - from PLN 14 to PLN 20 per shipment,
- InPost Courier - from PLN 16 to PLN 22 per shipment,
- Detailed information on the price of the selected form of delivery and accepted payment methods can be found in the basket when placing the order.
§ 9 Right to withdraw from the contract
- The consumer has the right to withdraw from a distance contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of conclusion of the contract.
- The right referred to above also applies to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.
- In the case of exercising the right to 14-day withdrawal, the cost of returning the goods shall be borne by the buyer.
- The consumer may withdraw from the contract by informing the Seller of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
- To meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of the right to withdraw from the contract before the deadline to withdraw from the contract.
- In the event of withdrawal from the contract immediately, and in any case not later than 14 days from the date on which the Seller received the Consumer's statement on the exercise of the right to withdraw from the contract, he will return to the Consumer all payments received from him.
- The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution; in any case, the Consumer does not incur any fees in connection with this return.
- In the event of withdrawal from the contract, it is considered void.
- The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
- 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 package was opened after delivery,
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
- in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
- in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
- for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract,
§ 10 Complaints and warranty
- The Sales Agreement covers the Products.
- 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 on warranty in the Civil Code.
- Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Regulations or using the electronic complaint form provided by the Seller on one of the Store's subpages.
- It is recommended that the complaint include, among others: a concise description of the defect, circumstances (including the date) of its occurrence, details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
- The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer's request has been justified.
- Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.
- If a warranty has been granted for the Product, information about it, as well as its content, will be included in the description of the Product in the Store.
§ 11 Out-of-court methods of dealing with complaints and pursuing claims
- Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims 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, Voivodship Inspectorates of the Inspection Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
- The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
- The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
- The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
§ 12 Personal data in the Online Store
- The administrator of Customers' personal data collected via the Online Store is the Seller.
- Customers' personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees - also for marketing purposes.
- The recipients of the personal data of the Online Store Customers may be:
- In the case of a Customer who uses electronic payments or a payment card in the Online Store, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.
- The customer has the right to access their data and correct them.
- Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this contract.
§ 13 Final Provisions
- Agreements concluded through the Online Store are concluded in Polish.
- The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any change at least 7 days in advance.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
- The customer has the right to use extrajudicial means of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.