Terms & Conditions
- General Provisions
- Using the store
- Sales Agreement
- Prices and Payments
- Delivery of Products
- Satisfaction Guarantee
- Returns Policy
- Guarantee and Services
- Final Provisions
- The terms used in these Regulations shall mean respectively:
- Working days – days from Monday to Friday between 9 AM and 17 PM with the exception of Saturdays and bank holidays.
- Client – a natural person with full capacity to conclude legal acts, as well as a legal person and any entity not having legal personality who has been given legal capacity under specific provisions, entering into an agreement with Store’s mediation.
- Consumer – any Client being a consumer within the meaning of art. 221 of the Polish Civil Code
- Civil Code (k.c.) – Act of 23 April 1964 – Polish Civil Code (Journal of Laws – Dz.U. U. No 16, item 93, as amended).
- Payment registration – crediting the payment of the Seller’s bank account or PayPal account.
- Description – shall mean a description of a Product or service placed on the website http://fdomes.com.
- Product– product or service included in the offer available at: http://fdomes.com.
- Regulations – these Regulations of purchasing in Internet Store.
- Store – an Internet service enabling users to make orders, available at http://fdomes.com.
- Seller – The Freegroup Spółka z o.o. Spółka komandytowa, ul. Targ Rybny 1/1, 70-542 Szczecin, POLAND – entered into the Register of Entrepreneurs of the National Court Register under the number 0000389253, whose files are kept by the District Court for Szczecin-Centrum in Szczecinie, XIII Commercial Division of the National Court Register.
- Personal Data Protection Act – Act on Personal Data Protection of 27 August 1997 (consolidated text: Journal of Laws Dz. U. of 2002 No 101, item 926 as amended).
- Act on Providing Services by Electronic Means – Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws Dz. U. of 2002 No. 144, item 1204 as amended).
User – a person using the Internet Service available at http://fdomes.com.
- Intellectual Property – patents, registered and unregistered trademarks, rights in texts and graphics placed on the website, know-how, domain names, and other intellectual property rights subject to legal protection.
- These Regulations are Regulations mentioned in art.. 8 of the Act on Providing Services by Electronic Means.
- These Regulations are addressed to all Users of the Store and they set forth the rules of registering and using the Store account, as well as rules of making orders in the Store and rules of concluding sale agreements.
- The Store is run by the Seller.
- The information about the products in the Store, e.g. descriptions, prices are invitations to enter into sales agreement within the meaning of art. 71 of the Polish Civil Code, in accordance with the terms and conditions set forth herein.
- The photos and the presentations of offered products are exemplary and theyare used to present the models particularly indicated in such photos or presentations.
Terms and conditions of using the Store
- The Store, via an electronic network, makes it possible to purchase the products offered by the Seller.
- The sale agreement is concluded between the Client-User and the Seller.
- Making purchases via the Store requires the acceptance of cookies by the User’s Internet browser.
- The service works with correctly configured browsers: Internet Explorer, Mozilla Firefox, Google Chrome, Opera and other updated and correctly configured Internet browsers.
- The User is obliged:
- not to deliver and not to transmit any content forbidden by the provisions of law;
- use the Store in a way that does not disturb its normal functioning;
- not to send and not to place in the Store any unordered commercial information;
- use the Store in a way that does not cause any inconvenience for other Clients and for the Seller;
- use the content placed on Store’s websites for his or her own purposes;
- use the Store in a way that is compliant with the provisions of law in force in the Republic of Poland and in a way compliant with the provisions of these Regulations.
Concluding the sale agreement
- In order to conclude the sale agreement, it is necessary to make an order in accordance with the procedure described in this paragraph.
- A Client can make an order after prior registration of his or her data in the Store’s database.
- In order to make an order, it is necessary to select the Products from available Products offered by the Store, as well as select their type, size and quantity by clicking on the “Add Product to Cart” button.
- Until the moment of confirmation of the selection of Products with the “Make an Order” button, the Client has the possibility of making changes and modifications of Products in the order, as well as in the telephone and address data for shipment or invoice.
- Sending an order by the Client (confirming with the “Make an Order” button) constitutes an offer made by the Client to the Seller to enter into a sale agreement, in accordance with the Regulations.
- The orders may be made via the Store 24 hours a day, 7 days a week.
- The Client will be informed via e-mail about the beginning of subsequent phases of order realisation:
- confirming the order,
- crediting the payment,
- starting to realise the order,
- shipment of the product at the address indicated by the Client.
- If the Client notices any inconsistencies or mistakes in order confirmation, the Client shall immediately upon receipt of such confirmation contact the Seller with the purpose of rectifying the mistakes or clarifying the inconsistencies before commencement of order realisation.
- The Seller shall not bear any liability for the consequences of inconsistencies in the order – mentioned in sec. 8, in particular for any resulting delays in realising the order.
- Upon the delivery of order receipt confirmation, the agreement of sale of the Products ordered by the Client is concluded.
Prices and methods of payment
- The information about the purchase price of the product, provided on the Store’s website, is binding from the moment of confirming the receipt of the order of selected products made by the ClIent. The confirmation contains the final confirmation of all relevant elements of the order for quantities indicated in the order, until the end of realising the Order.
- While making the order, the Client determines the form of payment for the products ordered.
- The Client chooses among the following forms of payment:
- direct credit transfer,
- payment via PayPal.
- The payment by direct credit transfer shall be made at the Seller’s bank account in Bank Zachodni WBK S.A., account number: PL 59 1500 1722 1217 2010 0943 0000, IBAN: PL 59 1500 1722 1217 2010 0943 0000, BIC: KRDBPLPW.
- The title of the transfer shall include the ID of the order, provided in the order confirmation.
- In case of not indicating the ID in the transfer title, the Seller reserves the right of returning the paid amount at the sender’s bank account, after deducting any related costs, in accordance with the table of fees and commissions applicable for the bank account mentioned in sec. 4 hereof, as of the day of making the transfer instruction by the Seller.
- The terms and conditions of using the PayPal service are set forth in the agreement with a PayPal User.
- The order shall be cancelled in the event of not making the payment within 14 working days from the day of confirming the order.
- The clients having EU VAT number and entering it in the order form, shall be authorised to be exempt from the due tax for intra-community acquisition of goods (IAG) provided that the country in which their business is registered is one of the EU member states, except for the Republic of Poland.
Delivery and receipt of products
- The costs of shipment shall be covered by the Client.
- The payments due for the shipment of the Products are indicated in the process of making the order.
- The place of delivery is the address indicated in order confirmation.
- If the release of the object ordered by the Seller does not take place within 30 days from the day of concluding the agreement, the Client is allowed to indicate an additional time limit for the delivery of the Products by the Seller, and after the expiry of such time limit, the Client may withdraw from the Agreement.
- The release of the Products shall be understood as releasing the Product by shipping company to the Client.
- The estimated time of delivery from the moment of shipment of the Products by the Seller until the delivery at the address indicated by the Client shall not exceed 7 working days.
- The Seller shall not be liable for any delay caused by the fault of the transportation company.
- The Seller shall also not be liable for the delay or default in fulfilling his or her obligations if such delay or impossibility to realise the order is caused by force majeure and by events not being under Seller’s control, in particular events as strike of employees, terrorist attacks, wars, natural disasters, difficult weather conditions, unforeseeable disturbances in production or transport experienced by providers.
- While receiving the products delivered by the transportation company, the Client shall check, in the presence of a courier, the condition of the external packaging of the delivery. In the event of noticing any damage in the packaging of the delivery, the Client shall draw up, together with the courier, a damage protocol in two identical counterparts signed by the addressee and the courier.
- In the event the Client notices any shortages in delivery or any other inconsistencies of the Products with respect to the Order, he or she shall immediately inform the Seller about that fact via e-mail at the address: firstname.lastname@example.org.
- The Seller shall inform the Client about the procedure of exchange, repair or return of the Product, depending on the circumstances that have occurred.
- The Client who has concluded a sale agreement through the Store, can terminate such agreement without specifying any reason, by making an appropriate statement in writing within thirty working days from the beginning of realisation of the order. The right to terminate the agreement cannot, however, expire earlier than upon expiry of ten days from delivering the Products to the Client.
- In order to keep the time limit specified in sec. 1, it is sufficient to send an appropriate statement before the expiry of such time limit.
- If the agreement is terminated, such agreement shall be deemed as not concluded, and the Client shall be released from all obligations.
- In the event of an effective termination, the Client is obliged to return the delivered Products in an unchanged condition, unless such change was necessary for ordinary management of the Product sold and the Seller shall return the payment for the returned order at the Client’s bank account. The return of what the Parties have provided to each other shall take place immediately, not later, however, that within fourteen days.
- If the Products were already sent or delivered, the Seller shall provide the Client with the address and number of return, which shall be clearly stated on transportation documents.
- The Client shall be responsible for correct packaging and securing the Products and shall be liable for any damage incurred by the Seller in connection with the fact that the Client has not fulfilled his or her obligations in that respect.
- The costs of transporting returned Products (only to the Seller) shall be covered by the Seller. The costs shall be returned at the bank account indicated by the Client within 14 days from the day when the Seller has received the notification about Client’s termination of the Agreement.
- The costs of transporting returned Products (back from the Seller) shall be covered by the Client.
- The Seller shall not be liable for any delay in that respect resulting from not receiving within the aforementioned time limit any information about the bank account at which the return of transportation costs is to be made.
- The right of terminating the agreement shall not be granted in cases stipulated in art. 10 sec. 3 of the Act of 2 March 2000 On Protecting Certain Rights of Consumers and On Liability for the Damage Caused by a Dangerous Product.
Complaints and returns
- The Products presented in the Shop are new and original.
- Each Product purchased in the Shop may be subject to a complaint, keeping the notice period and abiding by the terms and conditions of making a complaint stipulated in relevant provisions of law, if such product has any physical or legal defect.
- The time limit for fulfilling by the Seller his obligations stipulated in relevant provisions of law shall be dependent upon the properties of the Product and on the type of inconsistency between the Product and the Agreement.
Guarantee and services
- The Products presented in the Shop are new and original.
- In accordance with the provisions in the guarantee document for the Product, within the period when the guarantee is valid, the Seller shall gratuitously repair or change faulty elements, returning to the Client any transportation costs.
- The Seller offers the possibility of paid exchange or repair of damaged elements after the expiry of guarantee period. Related costs, estimated time of realisation as well as any other terms and conditions shall be individually agreed by the Client and the Seller by telephone or by e-mail.
- The Seller shall not bear any liability for the products and services of third parties, with particular focus on improper storage, transport and installation of the Products by companies not associated with the Seller.
- The Seller shall provide the possibility of gratuitous telephone call or correspondence via e-mail with an expert who will answer any questions regarding Product specifications and the realisation of orders. The Consultants are available from Monday to Friday between 9 AM and 5 PM (CET), except for bank holidays guaranteed in the Republic of Poland. At the same time, the Seller reserves the right for a delay in answering or for the necessity of postponing a telephone conversation for another date. The Client shall be liable for any payments for the phone calls made to contact the consultants.
- For additional fee, the Seller provides the possibility of organising a training session with respect to installation and correct use of offered Products. The at the same time states that the training does not constitute any service of installing the product, but it is only professional support in installation done by the Client or by third parties.
Personal data protection
- The Seller is the administrator of personal data within the meaning of the Act on Personal Data Protection.
- The personal data of Clients provided during registration in the Store are processed by the Seller only for the purposes of realising the orders. The Client has the right to supplement, update, correct his or her personal data, temporarily or permanently withdraw his or her consent for processing the data or demand that such data be removed if they are incomplete, outdated, incorrect or if they were collected against the law or if such data are not necessary for the purpose for which they were collected.
- The personal data are protected in accordance with the Act on Personal Data Protection in a way that makes it impossible for third parties to access such data, with the reservation set forth in sec. 4.
- The personal data may be given to other entities for the purposes of:
- correct realisation of orders, in particular to transportation companies,
- pursuing claims resulting from the agreements concluded, in particular to law firms.
- session cookies – working only when the user browses the service’s websites, at the same time allowing for their correct functioning,
- persistent cookies – they remain on the computer after visiting fdomes.com,
- third-party cookies – they allow for the adjustment of the displayed website to User’s preferences.
- The cookies are used in order to:
adjust the content of the Store’s websites to User’s preferences and to optimise the use of websites; in particular such files allow to recognise User’s device and to display the website accordingly, adjusting it to individual needs of a particular User,
create statistics that help to understand in what way the Users use the websites, which allows for improving their structure and content,
keeping the User’s session (after logging in), which is why the User does not have to enter his login and password again on each subpage.
- The User has the possibility of using the website without using cookies; however, it may mean that some of the functionalities or services of the Store will not work correctly. If the User does not give his or her consent for using cookies he or she shall, in any moment, select in browser preferences the option of rejecting cookies or signalling the transmission thereof.
- The lack of acceptance of these Regulations makes it impossible to purchase Products offered in the Store. The Seller shall enable the Client to read the Regulations with each order made by the Client. The Clients having an account in the Store will be informed about any change in these Regulations by e-mail. The Client who does not accept the changes introduced in these Regulations shall have the right to delete his or her account at any time.
- The Seller owns or is entitled to use all images, graphics and texts placed on the Store’s website. It is forbidden to illegally use any images, graphics, including trademarks and texts belonging to the Seller without Seller’s express written consent.
- Purchasing the Product shall not mean acquiring by the Client intellectual property rights to the Product. The sale of a copy of Products offered by the
- Seller is forbidden and connected with the possibility of bearing legal consequences resulting from the infringement of Seller’s intellectual property rights to the project and to the solutions used in such project.
- For matters not regulated in these Regulations, the provisions of the Polish Civil Code as well as the provisions of any other statutes applicable to the activity and functioning of the Store, shall apply accordingly.
- For the agreement concluded between the Client and the Seller, Polish law shall be the governing law and any disputes related to the execution of this contract shall be settled by common courts within the territory of the Republic of Poland.
- The Seller reserves the right to make amendments to the Regulations at any time. The changes in the Regulations enter into force within 7 days from the moment of publishing such changes on the Store’s website. The changes in the Regulations shall apply to the orders made after introducing a given change of these Regulations, with the reservation stipulated in sec. 1 above.
- The Seller reserves the right to make changes in price and number of products in the Store’s offer during the course of the day, to withdraw offers or introduce particular Products to the Store’s offer, to carry out and withdraw promotional actions on the Store’s website, as well as to modify all of the above; however, such changes shall not infringe on the rights of the persons who have concluded sale agreements for the products offered by the Store before introducing the above mentioned changes.
- These Regulations shall enter into force on 9th October, 2014.