Terms and conditions of the fredka.eu webshop

 

  • 1 General provisions
  1. The online shop [hereinafter the “Shop”] retails at www.fredka.eu by the Shop Owner, through which the Customer may purchase certain Goods and Services on the basis of these Terms and Conditions [hereinafter the “Terms and Conditions”].
  2. The owner of the Shop is: Fabryka Rozwoju i Kariery Agnieszka Ruszak, 37-310 Nowa Sarzyna, ul. KEN 8/50, NIP: 8161461503, tel. 536 126 266, 500 252 928, email address: sklep@fredka.eu .
  3. Whenever the term Terms and Conditions appears in the document, it shall mean these Terms and Conditions together with all annexes forming an integral part thereof, including in particular the “Privacy Policy”. The Terms and Conditions are an integral part of the sales contract concluded with the customer.
  4. Whenever the term Commercial Information appears in this document, it shall mean commercial information within the meaning of Article 2(2) of the Electronic Services Act, in particular advertisements, commercial offers and information about news, promotions and other events concerning the Store.
  5. Whenever the term Customer appears in this document, it shall mean a natural person, a legal person or an organisational unit that is not a legal person but to which special regulations grant legal capacity, placing an Order in the Store. – Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
  6. Whenever the term Merchandise appears in this document, it shall mean the products presented within the Shop, intended for sale, in particular socks and articles of clothing of other kinds.
  7. Whenever the term Order appears in this document – it means an action taken by the Customer, consisting of the selection within the Shop of specific Goods or Services, aiming directly at the conclusion of a Contract of Sale of these Goods or Services with the Owner of the Shop on the terms and conditions indicated in these Regulations.
  8. Whenever the term Consumer Rights Act appears in the document – it means the Consumer Rights Act of 3 March 2017 (Journal of Laws 2017, item 683) as amended.
  9. Whenever the term Act on the provision of services by electronic means appears in the document – it means the Act of 9 June 2017 on the provision of services by electronic means (Journal of Laws 2017, item 1219), as amended.
  10. Information about the Goods or Services provided on the Shop website, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  11. The rules for the use of the Online Shop and the conditions for making purchases from it are set out in these Terms and Conditions.
  12. These Rules set out in particular:
  1. a) the terms and conditions for placing Orders in the Shop,
    b) the rules for concluding Sales Contracts for specific Goods or Services, and
    c) the complaints procedure and the procedure for withdrawing from a Sales Contract.
  1. A condition of using the Shop is that the Customer reads the Terms and Conditions and accepts them when placing an order by ticking the appropriate box on the form. By accepting the Terms and Conditions, the customer agrees to all their provisions and undertakes to comply with them.
  2. The prices quoted in the Shop are gross prices (including VAT).
  3. The goods available in the Shop are free from physical and legal defects.
  • 2 Procurement
  1. Orders can be placed as follows:

a)by means of a form available on the Store’s website,
b)by e-mail to the address available on the Store’s website,
c)by telephone to the numbers intended for placing orders, available on the Store’s website in the Contact section.

  1. The Customer’s choice of the Goods or Services to be ordered (including their type and number) is made by adding the individual Goods or Services to the shopping basket.
  2. As a prerequisite for processing the order, the customer must provide the following details to verify the customer and the recipient of the goods:
  1. a) name and surname (and in the case of a Customer who is an entrepreneur – company name, Tax Identification Number and name and surname of the person placing the Order on his/her behalf),
    b) delivery address (i.e. street, house number, apartment number, town, postal code, country),
    c) telephone number,
    d) e-mail address, as well as acceptance of the Terms and Conditions by ticking the box marked “I accept the Terms and Conditions” and then sending the Order by clicking the “I confirm the Order” button.
  1. In the process of placing the Order, the Customer is also obliged to make a choice as to the form of payment for the ordered Goods or Services.
  2. In the course of placing the Order – until clicking on the “Confirm Order” button – the Customer has the possibility to modify the personal data he/she has provided and the data concerning the Goods or Services he/she has selected, both as regards their type and number (quantity), as well as the form of payment and the place and manner of their delivery.
  3. When the Customer clicks on the “I Confirm Order” button, he/she is aware that the conclusion of the contract is linked to the obligation to pay the Shop Owner.
  4. Once the Customer has entered all the necessary data to place the Order, a summary of the Order is displayed.
  5. The Order Summary contains, in particular, the following information:
  1. a) the subject of the Sales Contract,
    b) the unit and total price for the ordered Goods or Services,
    c) the cost of delivery,
    d) the chosen method of payment,
    e) the expected delivery time.
  1. The Customer’s sending of the Order constitutes the Customer’s declaration of will to conclude a Sales Contract with the Store Owner, in accordance with the content of these Terms and Conditions.
  2. Once the Order has been placed, an email will be sent to the Customer containing a final confirmation of all relevant elements of the Order.
  3. A Sales Agreement shall be deemed concluded upon the Customer’s receipt of the message referred to in the above paragraph. The Sales Agreement shall be concluded in the Polish language in accordance with the Terms and Conditions.
  4. At the same time as placing an Order for certain Goods or Services, the Customer may register with the Store, as a result of which an individual account will be created for the Customer, accessible by means of a login (the Customer’s e-mail address) and a password established by the Customer (hereinafter referred to as the “Account“). Registration with the Store is not a prerequisite for making purchases in the Store.
  5. An Account can be created by the Customer filling in all the fields of the registration form on the Shop’s website which are marked as required.
  6. A prerequisite for setting up an Account is that the Customer accepts these Terms and Conditions by ticking the box marked “I accept the Terms and Conditions” below the registration form referred to in paragraph above.
  7. The Customer, upon accepting the Terms and Conditions, may give additional consent for his/her personal data to be processed by the Shop Owner for marketing purposes, in particular to receive commercial information and offers, receive articles and other free training materials, discount codes for selected products in the online shop, special offers for selected customers and other commercial information. Such consent may also be given in exchange for obtaining a free product or benefit. Consent is given by ticking the box marked “Consent to processing of personal data for marketing purposes”. The customer may withdraw such consent at any time. The withdrawal of consent shall not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal.
  8. A Customer who has registered with the Store may use his/her Account for subsequent purchases. Within the Account, the Customer may, in particular, track the status of current Orders, check the details of historical Orders, manage his/her newsletter settings, as well as manage his/her Account data, including delivery addresses and change his/her password.
  9. The customer is obliged not to share his/her Account password with third parties.
  10. The Proprietor of the Store may delete the Customer’s account or deprive him/her of the right to place Orders, with immediate effect, in the event of a material breach of these Terms and Conditions by the Customer, particularly if the Customer, while registering in the Online Store or placing an Order, has provided data that is untrue, inaccurate or violates the rights of third parties, uses the Online Store in a manner inconsistent with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general principles of Internet use, uses the Online Store in a manner inconvenient to other Customers and the Owner of the Store, or makes the Goods or Services available to third parties.
  11. Delivery of the Order takes place once the Contract has been concluded and the payment has been credited to the Store Owner’s account. The cost of delivery is borne in full by the Customer.
  12. The parties are bound by the information contained on the Shop’s website next to the purchased goods at the time of placing an order, in particular: the price, the characteristics of the goods, their features, the components included in the set, the deadline and the method of delivery.
  13. The information on the Store’s website does not constitute an offer within the meaning of the Civil Code. When placing an order, the Customer makes an offer to purchase specific goods. The contract of sale is concluded upon confirmation by the Seller of acceptance of the Order for processing.
  14. The Owner of the Store reserves the right to change prices of Goods and Services presented on the Store’s websites, to withdraw or introduce new Goods or Services, to conduct and cancel any type of promotional campaigns and sales. The above entitlement shall not affect Orders which were placed before the effective date of any of the changes referred to above.
  15. The shop owner makes every effort to present the offered products, their composition and colours as faithfully as possible. The way colours are displayed depends on the operating system and hardware used. The shop owner cannot guarantee that the shop user’s computer, monitor or mobile device will reproduce the colours faithfully.
  16. The product dimensions shown on the product page are for guidance only and are intended to facilitate the choice of model or cut, but are not the actual dimensions of the product. Actual dimensions may vary depending on the material of the product.
  • 3 Payments
  1. The customer can choose the forms of payment specified in the Forms of payment tab.
  2. Delivery prices are set forth in the delivery price list. The costs of delivery are communicated to the Customer before the Customer sends the Order.
  3. The release of the goods is conditional on payment for the goods and shipping.
  4. A receipt or electronic invoice is issued with each Order, at the Customer’s choice.
  • 4 Dispatch of goods
  1. The ordered goods are dispatched by the shop via shipping companies (e.g. Inpost, DPD) or made available for collection by the customer at the company’s premises.
  2. In the case of payment by payment card, the lead time is calculated from the time of positive authorisation of the transaction.
  3. In the case of payment by means other than cash on delivery, the dispatch date is extended by the period between placing the order and the date on which the amount due is credited to the Store’s bank account.
  • 5 Complaints
  1. The Shop Owner takes steps to ensure that the Online Shop service is fully operational and undertakes to rectify any malfunctions reported by customers on an ongoing basis.
  2. In the case of non-conformity of the goods with the contract, the Customer should send back to the Store, at the Store’s expense, the advertised goods together with a description of the non-conformity.
  3. The shop will respond to the customer’s complaint within 14 days of receiving the complaint.
  4. If the fulfilment of a justified complaint involves sending the Customer new goods or rectifying a discrepancy, the delivery costs shall be borne by the Shop.
  5. The Seller stipulates that differences in the photographs of the Goods resulting from individual settings of the customer’s computer (colour, proportions etc.) cannot be the basis for a complaint about the Goods.
  • 6 Right of withdrawal
  1. A Customer who is a consumer may withdraw from the Sales Agreement without giving any reason, within 14 (fourteen) days from the date of receipt of the Goods, by sending a return form by post to the address of the Store Owner’s registered office, i.e.: ul. KEN 8/50, 37-310 Nowa Sarzyna or electronically via e-mail address: sklep@fredka.eu .
  2. In the event of an effective withdrawal from the contract of sale, the contract shall be deemed not to have been concluded and the parties shall be obliged to return what they have mutually provided to each other on the basis of the contract. The goods shall be returned unchanged, unless the change was necessary within the limits of ordinary management. This means that the product must not have been damaged, soiled, washed, modified or worn (apart from trying it on). Furthermore, the product should have all original tags and labels. The return should take place immediately, no later than within 14 (fourteen) days from the date of withdrawal of the Customer who is a consumer within the meaning of Article 221 of the Civil Code from the Sales Agreement. The returned Goods should be sent to the address: Fabryka Rozwoju i Kariery, ul. KEN 8/50, 37-310 Nowa Sarzyna.
    The returned Goods should be packed in a way that ensures no damage to the parcel in transit.
  3. The Shop Owner shall refund the value of the Order including delivery costs immediately, but no later than within 14 (fourteen) days from the date of withdrawal from the Sales Agreement by the Customer who is a consumer within the meaning of Article 221 of the Civil Code.
  4. The Shopkeeper shall have the right to withhold reimbursement of the value of the Order including delivery costs until the Goods have been received back or until proof of return has been provided, whichever event occurs first.
  5. The cost of returning the Goods to the Shopkeeper and their packaging shall be borne by the Customer.
  6. The customer shall not have the right of withdrawal in the cases set out in the Act referred to in paragraphs 1 and 2 above, namely:

a)after the period of 14 days from the date of receipt of the Goods
has been exceeded
,
b)after the Consumer
has
removed their original packaging,
c)the product has been damaged, soiled, washed, modified or worn (apart from trying it on). In addition, the product does not have all original tags and labels.

  1. In the case of Goods, an exchange is possible, expressed at the request of the Customer, provided that the Store Owner has the Goods desired by the Customer with the specified characteristics (including colour, size). Goods sent back must not be damaged, soiled, washed, modified or worn (except for trying them on). Furthermore, the product should have all original tags and labels. Replacement costs are to be paid by the customer.
  • 7 Privacy protection
  1. The Shopkeeper, as controller of personal data, undertakes to take all necessary technical and organisational measures appropriate to the degree of risk, in order to ensure the security of all data and content provided by the Customer in connection with his/her use of the Online Shop.
  2. Personal data provided to the Shopkeeper is provided on a voluntary basis, with the proviso, however, that failure to provide certain such data prevents the placement and processing of the customer’s order.
  3. Customers’ personal data collected by the administrator via the Online Shop are collected for the purpose of fulfilling the Sales Agreement and, if the Customer agrees, also for marketing purposes.
  4. Customers’ personal data shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RODO) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000) [hereinafter: the “Act”]. A customer who has registered within the Shop has the right to inspect his/her data, to correct it and to request the discontinuation of its use. The data can be viewed and changed by logging in to the Store, within the individual account of the respective Customer or by contacting the Store Owner at the e-mail address: sklep@fredka.eu .
  5. Detailed rules regarding the processing of customers’ personal data are contained in the Privacy Policy found on the shop’s website.
  • 8 Intellectual property
  1. It is forbidden to use any materials published on the Store’s website (including photographs and descriptions of goods) without the Store’s written consent.
  • 9 Final provisions
  1. The settlement of any disputes between the Store Owner and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the common courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
  2. In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply.
  3. These Terms and Conditions shall enter into force on the date of publication on the Store’s website.
  4. Amendments to the Terms and Conditions will be published on the Shop website 14 days before the new Terms and Conditions come into effect.
  5. All orders accepted by the Store Owner for fulfilment before the date of the change in the Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the date the customer placed the order.
  6. If the customer does not accept the new content of the Terms and Conditions, they are obliged to notify the Shop Owner within 14 days of being informed of the change to the Terms and Conditions.