§ 1 Definitions
§ 2 General provisions
§ 3 Orders
§ 4 Payment and price
§ 5 Delivery
§ 6 Withdrawal from the contract
§ 7 Warranty for defects
§ 8 Personal Data Protection
§ 9 Provision of services by electronic means
§ 10 Final Provisions
§ 1 Definitions
The terms used in the Terms & Conditions mean respectively:
§ 2 General provisions
1. The online store available at https://festshop.eu/ is run by Tomasz Dudek running a business under the name FESTFLOOR Tomasz Dudek, ul. Szczęśliwicka 54/447, 02-353 Warsaw, NIP: 6521666940, REGON: 366069130, e-mail address: firstname.lastname@example.org.
2. The Terms & Conditions define the rights and obligations of the Customers and the Seller.
3. The Terms & Conditions are drawn up in Polish and constitute a standard contract within the meaning of the Act of 23 April 1964 - Civil Code.
4. In order to conclude a contract with the Seller, the Customer may exercise the right to negotiate the terms of the contract before placing an order. If the 5. Customer resigns from the possibility of negotiations, these Terms & Conditions constitute the content of the contract concluded between the parties.
6. The Customer can access the Terms & Conditions at any time at: https://festshop.eu/pages/terms-and-conditions, as well as by saving it in any format on a medium of his choice.
7. These Terms & Conditions are an integral part of all sales contracts concluded by the Seller, including contracts concluded by way of an Order placed by e-mail or telephone.
8. Communication with the Seller made by the Customer causes the Customer to incur costs resulting from contracts concluded by the Customer with third parties for the possibility of using certain forms of remote communication. The seller does not charge any additional fees or benefits for the possibility of communicating with him.
9. In the event of a dispute with the Seller, the Consumer has the option of amicably settling the matter by:
§ 4 Orders
1. Information about products presented in the Online Store does not constitute an offer within the meaning of the provisions of the Civil Code, it constitutes an invitation to conclude a sales contract.
2. Placing an order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
3. In order to place an order, the Customer should add the product he intends to buy to the "Basket". Adding a product to the "Basket" is not tantamount to placing an order. Products can be freely added to or removed from the "Basket".
4. After finally adding products to the "Basket" and selecting the "Order" button, the customer is redirected to the ordering form in order to provide the address, payer's details, delivery method and payment method. Then the customer is redirected to the order summary. Placing an order is made by selecting the "Order and pay" button.
5. The condition for placing an order is to read and accept these Terms & Conditions, which the Customer confirms before placing the order by checking the appropriate box in the order form.
6. By pressing the "Order and pay" button, the Customer places an order with the obligation to pay.
7. Information on the total value of the order, which includes the price of the goods and the cost of its delivery, is each time provided on the Online Store website when placing the order, including before direct approval and submission of the order by the Customer. These are the total costs that the Customer is obliged to pay, including applicable taxes and delivery costs.
§ 5 Payment and price
1. The customer has the option of paying for the goods for the placed order in the following way: online payment via PayPal.
2. Electronic payments are handled by the Payment Operator. Making a payment via the Payment Operator requires establishing a separate legal relationship with the Payment Operator and accepting its terms and conditions.
3. The prices given on the Online Store website are gross prices and are expressed in euro. The price of the Product before adding to the Cart does not include shipping costs.
§ 6 Delivery
1. The customer selects the type of delivery from those available on the Online Store website. Delivery takes place to the address indicated by the Customer in the order.
2. The order processing time is counted from the moment of obtaining positive payment authorization.
3. The costs of delivering the goods, which, in addition to the price for the goods, are borne by the Customer, are provided on the Online Store website when placing the order.
4. Upon the release of the Product, the benefits and burdens associated with the item and the risk of its accidental loss or damage are transferred to the Buyer. In the case of delivery carried out by a carrier or forwarder other than the Seller, the delivery of the Product is considered to be entrusting it by the Seller to the carrier or forwarder, if the Buyer is an Entrepreneur, as well as an Entrepreneur with consumer rights, or collecting the Product from the carrier or forwarder, if the Buyer is a Consumer.
5. The Customer who is an Entrepreneur is obliged to check the condition of the Product after delivery, in the presence of a representative of the Seller or the entity performing the transport. In the event of any damage to the shipment, the Entrepreneur is obliged to write down an appropriate protocol.
6. It is recommended that the Customer who is a Consumer, as well as an Entrepreneur with consumer rights, if possible, checks the Product after delivery in the presence of the Seller's representative or the entity performing the transport. In the event of any damage to the shipment, it is also recommended that the Consumer write down an appropriate protocol and immediately contact the Seller.
7. In the case of Orders placed by persons who are not Consumers, if the Seller cannot fulfill the service due to the fact that the ordered Product is not available, within thirty days from the conclusion of the Sales Agreement, he is entitled to withdraw from it.
8. The delivery of the Product takes place in Europe.
§ 7 Withdrawal from the contract
1. A Customer who is a Consumer, as well as an Entrepreneur with consumer rights, who has concluded a distance contract via the Online Store, may withdraw from it within 14 days without giving any reason.
2. The Customer is not entitled to withdraw from the contract in the cases referred to in art. 38 of the Act of May 30, 2014 on consumer rights
3. The deadline to withdraw from the contract starts from the day on which the Customer took possession of the Product or on which a third party other than the carrier indicated by him came into possession of the Product. To meet the deadline for withdrawal from the contract, it is enough to send a statement of withdrawal from the contract before the deadline for withdrawal from the contract.
4. The Customer may exercise the right to withdraw from the sales contract by sending a statement of withdrawal by e-mail or in writing to the Seller's address.
5. When exercising the right to withdraw from the sales contract, the Customer may use the form of declaration of withdrawal from the contract posted on the Online Store website, which was also sent to the Customer as an attachment together with information about the acceptance of the Order, but it is not mandatory.
6. In the event of withdrawal from the contract, the contract is considered void.
7. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, but not later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to send the returned Product before the expiry of 14 days to the address of the Seller's production plant: ul. Żytnia 23, 05-850 Duchnice.
8. The costs of returning (sending) the Product shall be borne by the Customer.
9. The Seller shall promptly, not later than within 14 days of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments made by him, including the costs of delivering the item, with the exception of additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method delivery offered by the Seller.
10. The seller refunds the payment using the same method of payment as used by the customer, unless the customer in the statement of withdrawal from the contract indicated a different method of return, which does not involve any costs for him.
11. The Seller may withhold the reimbursement of payments received from the Customer until receipt of the Product back or delivery by the Customer of proof of its return, depending on which event occurs first.
§ 8 Warranty for defects
1. The Customer who is an Entrepreneur, as well as Entrepreneurs with consumer rights, are not entitled to warranty rights for defects in the sold item.
2. To the Customer who is a Consumer, the Seller is liable for physical or legal defects of the sold item, on the terms set out in art. 556 and subsequent of the Civil Code.
3. A complaint may be submitted by the Customer by e-mail or in writing to the Seller's address.
4. When submitting a complaint, the Customer may use the complaint form template available on the Online Store website, but it is not mandatory.
5. In the case of submitting a complaint without using the complaint form template, it is recommended to provide in the complaint notification at least:
6. The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
7. If the complaint is not considered, the Customer will also be notified whether or not the Seller agrees to out-of-court dispute resolution. In the event of consent, the Seller will indicate to the Customer the entity competent for out-of-court dispute resolution.
§ 9 Personal Data Protection
§ 10 Provision of services by electronic means
1. he Seller provides the following Electronic Services via the Online Store:
2. The Customer is prohibited from providing unlawful content.
3. The contract for the provision of electronic services is concluded at the moment the Customer creates a Customer Account, at the time of subscribing to the Newsletter service, as well as at the moment of starting to use a given functionality of the Online Store enabling the use of a specific electronic service.
4. The contract for the provision of electronic services consisting in setting up and maintaining a Customer Account in the Online Store, as well as consisting in the provision of the Newsletter service, is concluded for an indefinite period. 5. In the scope of other electronic services provided via the Online Store, the contract for the provision of these services is concluded for an indefinite period and is terminated when the Customer ceases to use a given electronic service and without the need to submit additional statements.
6. The customer may terminate the contract referred to in paragraph 1 at any time and without giving any reason. 4 and 5 by sending an appropriate statement by e-mail or in writing to the Seller's address. The Customer who is a Consumer, as well as an Entrepreneur with consumer rights, may also from the contract referred to in paragraph 4 and 5, withdraw within 14 days without giving a reason, on the terms set out in § 6.
7. The Customer who is a Consumer may submit a complaint regarding the services provided electronically by the Seller by e-mail or in writing to the Seller's address. The right to submit a complaint is not vested in the Customer who is an Entrepreneur, as well as an Entrepreneur with consumer rights.
8.The Seller will consider a complaint regarding services provided electronically within no more than 30 days from the date of its receipt, informing the Customer immediately about its results.
§ 11 Final Provisions
1. Customers can access these Terms & conditions at any time via the link on the Online Store website. The Terms & conditions can be recorded, acquired and reproduced by printing it or saving it on an appropriate data carrier.
2. The provisions of these Terms & conditions are not intended to exclude or limit any rights of Consumers, as well as Entrepreneurs with consumer rights, granted to them under the mandatory provisions of law, including in particular the Act of 30 May 2014 on consumer rights and the Act of 23 April 1964. Civil Code. In the event of any unintentional non-compliance of the Terms & conditions with the above provisions, priority is given to these provisions and they are applied by the Seller.
3. If any of the provisions of these Terms & conditions is found to be unlawful, invalid or otherwise unenforceable to the extent provided for by law, it shall be excluded in this respect. In the remaining scope, the Terms & conditions remain in force.
4. The Seller may amend the provisions of the Terms & conditions after informing the Customers by publishing a consolidated text of the Terms & conditions on the Online Store website. Amendments to the Terms & conditions or new content of the Terms & conditions come into force after 14 days from the date of posting the new content of the Terms & conditions on the Online Store website.
5. Orders placed during the validity of the previous version of the Terms & conditions will be implemented in accordance with its provisions.
6. All graphic elements of the Online Store, technical solutions used in it, content elements, as well as the way in which graphic elements and content are presented (layout), as well as software, databases and other materials placed as part of the Online Store are subject to the Seller's copyright and are protected in accordance with the provisions of the Act of February 4, 1994 on copyright and related rights.
7. In order to use the Online Store, the Seller grants the Customers a non-exclusive, non-transferable, non-transferable License to use the Online Store, granted for the duration of using the Online Store. Under the License granted, the Customer is only entitled to temporarily multiply the Online Store by displaying it in a web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Terms & conditions.
8. These Terms & conditions are subject to Polish law and are subject to the jurisdiction of Polish courts. The choice of Polish law does not deprive the Consumer of the protection granted to him on the basis of provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of choice of law.
9. Any disputes arising between the Seller and the Customer who is a Consumer, as well as an Entrepreneur with consumer rights, will be settled by a common court competent in accordance with the provisions of the Code of Civil Procedure.
10. Any disputes arising between the Seller and the Customer, who is an Entrepreneur, will be resolved by a common court having jurisdiction over the seat of the Seller.