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Terms and conditions of use
§1 GENERAL PROVISIONS
1. These Online Store Regulations (hereinafter referred to as the "Regulations") define the rules for using the Online Store, including, among others, placing and processing orders, using the Customer Account, complaint procedures, and rights related to withdrawing from the Sales Agreement.
2. The Regulations are made available to the Customer free of charge at the Store Regulations Link, before concluding the Sales Agreement, in a manner enabling the acquisition, reproduction, and recording of the content of the Regulations using the ICT System used by the Customer.
3. The Customer is obliged to comply with all provisions of the Regulations. Sales are conducted based on the current version of these Regulations, i.e., the version that is in force and accepted by the Customer at the time of placing the Order.
4. The conclusion of an agreement for the electronic provision of the Customer Account services specified in these Regulations is conditional upon registration in the Online Store, reviewing, and accepting the content of these Regulations.
5. By concluding an agreement for the electronic provision of Customer Account services, the Seller undertakes to continuously provide the Customer with access to the Customer Account and the use of the Online Store to the full extent based on, within, and under the rules specified in these Regulations.
§2 DEFINITIONS
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Whenever the Regulations refer to:
a. "Seller" – this shall mean MH Projekt Monika Hubisz, address: ul. Hermesa 8 lok. 1, 80-299 Gdańsk, NIP (Tax ID): 8392555316, REGON (Statistical No.): 522101352, entered into the Central Registration and Information on Business Activity of the Republic of Poland kept by the minister competent for economy, having: business address and correspondence address: ul. Hermesa 8 lok. 1, 80-299 Gdańsk, e-mail office@feraw.eu – who operates the Online Store and through it sells Goods;
b. "Customer" – this shall mean a natural person with full legal capacity, and in cases provided for by generally applicable law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality to which the law grants legal capacity – using the Online Store, including via a Customer Account created for them by the Seller;
c. "Consumer" – this shall mean a Customer who is a natural person using the Online Store, in particular making purchases, for purposes not directly related to the Customer's business or professional activity;
d. "Parties" – this shall mean the Seller and the Customer collectively;
e. "Sales Agreement" – this shall mean a distance contract concluded for the sale of Goods by the Seller to the Customer in accordance with the rules set out in the Regulations;
f. "Online Store" – this shall mean an online platform administered by the Seller, available online, through which the Customer can purchase Goods;
g. "ICT System" – this shall mean a set of cooperating IT devices and software, enabling the processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for the given type of telecommunications network within the meaning of the Act of July 16, 2004 – Telecommunications Law (Journal of Laws 2019, item 2460 as amended);
h. "Goods" – this shall mean movable items presented by the Seller in the Online Store that may be the subject of a Sales Agreement. Photos of the Goods are for illustrative purposes; this means that the Goods in photos may differ slightly from their actual appearance due to the Customer's individual computer equipment settings (e.g., color saturation, proportions);
i. "Customer Account" – this shall mean an individual account created for the Customer as part of electronic services provided by the Seller, through which the Customer accesses the Online Store and has the ability, among other things, to place Orders in a simplified manner;
j. "Electronic Address" – this shall mean the designation of the ICT System enabling communication using electronic means, in particular email;
k. "Price" – this shall mean the gross value of the Goods expressed in PLN currency, including goods and services tax. The price does not include delivery costs, which depend on the method of delivering the Goods to the Customer, as well as the value and size of the Order, and are indicated when the Customer chooses the method of delivery. The total cost of the Order (i.e., the Price of the Goods along with other costs, including delivery costs) is indicated in the cart before the Order is placed by the Customer;
l. "Personal Data" – this shall mean information about an identified or identifiable natural person;
m. "Personal Data Administrator" – this shall mean the Seller, who, acting in this role, independently or jointly with others, determines the purposes and methods of processing Personal Data;
n. "Regulations" – this shall mean this document;
o. "GDPR" – this shall mean REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 04.05.2016, p. 1);
p. "Order" – this shall mean the Customer's declaration of will submitted via the Online Store specifying: the type and quantity of ordered Goods; type of delivery; type and amount of payment; place of release of items, Customer's data, constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
1. The Online Store is operated by the Seller.
2. The Online Store is not intended for wholesale sales. If the Customer wishes to purchase Goods in wholesale quantities, they should contact the Seller by email at the Seller's Electronic Address: office@feraw.eu. If the content of an Order placed through the Online Store indicates that the order is wholesale in nature, the Seller has the right to refuse to process such an Order, informing the Customer thereof by an appropriate message in the Online Store or by contacting the Customer in this regard.
3. Information about Goods placed on the Online Store's pages does not constitute an offer within the meaning of the Civil Code provisions, but an invitation to make offers within the meaning of Art. 71 of the Civil Code.
4. Information about Goods placed in the Online Store does not guarantee that the Goods are actually available from the Seller and that an Order for them can be fulfilled.
5. Goods presented in the Online Store may have a manufacturer's, importer's, or Seller's warranty covering the territory of Poland. The warranty period for each Good is indicated in its description. Detailed terms of the warranty are specified in the warranty card issued by the warrantor.
6. The Seller reserves the right to change the Prices of Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, conduct promotional campaigns in the Online Store, in particular based on the terms of a given promotion. Introduced changes do not affect the validity and performance of Orders previously placed by the Customer.
7. The Seller ensures the availability of the Online Store for the Customer only online and provided that the Customer provides, at their own expense:
a. computer equipment with an operating system allowing the use of Internet resources,
b. an Internet connection;
c. access to an individual email account;
d. a properly configured web browser in the latest official version with the option to handle "cookies" enabled (e.g., Mozilla Firefox, Google Chrome, Safari, Opera).
8. Subject to other provisions of the Regulations, the Online Store is available to the Customer during their use of the Online Store, 24 hours a day, seven days a week.
9. The Seller reserves the possibility of the Online Store being temporarily unavailable online for the Customer to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, troubleshooting, making necessary adaptations, changes, and other similar activities.
10. The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new features and changing existing functionality.
§4 CUSTOMER ACCOUNT
1. The condition for the Customer to use the full range of functionality of the Online Store is acceptance of the provisions of the Regulations, free registration of a Customer Account in the Online Store, and confirmation of this registration by the Seller.
2. Creating a Customer Account is not necessary to place an Order in the Online Store.
3. By registering a Customer Account and accepting the provisions of the Regulations, the Customer makes a declaration of will consenting to the electronic provision of Customer Account management services in accordance with the provisions of the Regulations.
4. During registration of the Customer Account, the Customer enters a login and password established by them and known only to them. The Customer is obliged to keep their login and password confidential, and in particular, they may not share them with unauthorized persons.
5. In order to register a Customer Account, the Customer should:
a. complete the registration form located in the Online Store;
b. complete all fields of the form marked with an asterisk as mandatory;
c. accept the Regulations.
6. The data entered into the registration form when registering the Customer Account should pertain to the Customer and be truthful.
7. During registration of the Customer Account, a confirmation of the Customer Account registration in the Online Store will be sent to the Electronic Address provided in the registration application, requesting verification of data and completion of Customer Account registration. At that moment, an agreement for the electronic provision of the Customer Account management service is concluded, and the Customer gains access to the Customer Account and the ability to change the data provided during registration.
8. The Seller may refuse to accept the registration of the Customer Account and conclude the electronic service provision agreement for important reasons.
§5 ORDERS AND THEIR PROCESSING
1. Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
2. The Customer may place an Order after logging into the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary for the execution of the Order.
3. To place an Order via the Online Store, the Customer adds selected Goods to the cart by choosing the type and quantity of Goods and pressing the "ADD TO CART" button and performs other technical actions based on messages displayed to the Customer, including specifying the delivery method and payment form. Then, the Customer places the Order by sending the electronic Order form to the Seller, selecting the "Order with payment obligation" button (or equivalent) on the Online Store's website. To place an Order, prior acceptance of the provisions of the Regulations by the Customer is necessary. In the Order summary, before sending it to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e., the Price of the selected Good, the cost of delivery, as well as all additional costs incurred by them in connection with the Order.
4. Sending the Order by the Customer constitutes a submission to the Seller of an offer to conclude a Sales Agreement for the Goods subject to the Order.
5. After placing the Order, the Seller sends information about accepting the Order for processing to the Electronic Address provided by the Customer. This information constitutes the Seller's declaration of acceptance of the offer, which is equivalent to the conclusion of a Sales Agreement by the Parties.
6. The binding and final Price is the one stated in the cart at the time the Customer places the Order.
7. For an Order placed in the Online Store, the Customer may pay:
a. cash on delivery - in the case of delivery of Goods via courier or personal collection of Goods by the Customer, or
b. in advance – by traditional bank transfer to the Seller's payment account or via electronic payments and payment card payments through electronic payment operators.
8. When making a payment, the Customer will be informed of its amount directly before making it, as well as about available payment methods and the data of the operator handling the payments. The detailed terms of making payments via electronic payment operators are available on the website of the respective operator.
9. To make a payment via an electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to which they will be redirected from the Online Store, and promptly pay for the placed Order.
10. The Customer declares that they consent to the Service Provider using and sending electronic invoices that do not require signatures of the parties in PDF format by sending them to the Electronic Address provided by the Customer. The Seller delivers the invoice to the Customer electronically promptly after receiving payment for the Order.
11. The Seller delivers Goods only within the territory of the Republic of Poland, unless otherwise stated in the description of a given Good.
12. When placing an Order, the Customer chooses the method of delivery of the Goods. The Goods may be delivered to the Customer:
a. via a courier company,
b. via a parcel locker,
c. by personal collection of the Goods by the Customer at the Seller's premises.
13. The Seller provides information in the Online Store about the number of business days needed for the delivery of Goods using a specific delivery method.
14. When collecting the shipment containing the Goods, the Customer should check its condition, and in the event of damage or breach of the packaging, it is recommended that the Customer draw up a damage report in the presence of the person releasing the Goods. The Customer should promptly send the damage report along with any complaint to the Seller.
15. The Seller reserves a maximum Order processing time of 30 days. After this period expires without result, the Customer may cancel the Order by sending a declaration of cancellation to the Seller. In such a case, the Seller shall immediately refund to the Customer who is a Consumer all payments made by them, including any costs of delivering the Goods.
16. The Seller attaches a proof of sale in the form of a VAT invoice or a fiscal receipt to each delivered Order. If the Ordering Party is a VAT taxpayer and wishes to receive an invoice, they should send appropriate information to the Seller, e.g., via email immediately after the purchase, providing the necessary data.
§6 E-RECEIPT
1. E-receipt – is a fiscal document in electronic form, the scope of which is regulated by the Act on Goods and Services Tax of March 11, 2004, the Regulation of the Minister of Finance on cash registers, and the Regulation of the Ministry of Development and Technology on criteria and technical conditions that cash registers must meet.
2. The condition for issuing an e-receipt is the Customer's consent. The Customer consents to the issuance of the e-receipt and the method of its issuance by accepting the store's sales regulations.
3. The Seller issues an e-receipt to the Customer via the eparagony.pl (Spark) electronic fiscal receipt system and repository.
4. The e-receipt is issued upon and simultaneously with the successful saving of the document in the eparagony.pl system document repository, to which the Customer gains readable access via a unique hyperlink provided by the Seller to the email address provided in the order.
5. In case of problems with accessing the readable view of the document, the Customer should check the SPAM folder and contact the Seller immediately.
6. The Seller may additionally send a one-time notification to the Customer at the phone number provided in the order to inform them of the issuance and release of the e-receipt.
7. The Seller may share the Customer's phone number or email address with the entity providing IT services regarding the issuance, maintenance, and provision of access to e-receipts, which may be processed for the purposes of:
a. verifying whether a given phone number or email address has been registered in the proprietary products of the servicing entity, and in the case of positive verification, making available within these products to the Customer the view of e-receipts and additional information originating from their issuance process;
b. sending SMS and other notifications to Customers confirming the issuance of the e-receipt into the IT system of the entity providing IT services for e-receipts.
§7 TERMINATION AND EXPIRY OF THE SERVICE AGREEMENT
1. This chapter does not apply to Sales Agreements but applies only to agreements for the electronic provision of Customer Account management services.
2. The electronic service provision agreement may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the agreement by sending a message to the Customer at the Electronic Address provided by the Customer in the Customer Account.
3. The Seller has the right to terminate the electronic service provision agreement at any time for important reasons with a 14-day notice period. The Seller terminates the electronic service provision agreement by sending an appropriate declaration of will to the Electronic Address provided by the Customer in the Customer Account.
4. The electronic service provision agreement expires in the event of:
a. Death or liquidation of the Customer;
b. Liquidation of the Seller or the Seller ceasing business activity.
§8 PERSONAL DATA PROTECTION
1. The Seller, as the Personal Data Administrator, makes every effort to provide all possible physical, technical, and organizational measures to protect Personal Data against accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use, or access, in accordance with all applicable laws, including the GDPR.
2. The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer the Customer increasingly better functionality of the Online Store and more tailored advertisements. If the Customer does not agree to the saving and receiving of information in cookies, they can change the rules regarding cookies using their web browser settings or apply the so-called opt-out on the website of the provider of a given technological solution. Detailed information regarding the technologies used by the Seller is available in the Cookies Policy.
3. More information on the processing of Personal Data by the Seller can be found in the Privacy Policy.
§9 LIABILITY
1. The Customer is obliged to use the Online Store according to its intended purpose and refrain from any activity that could disrupt its proper functioning.
2. The Customer is prohibited from introducing unlawful content into the Online Store area. The Customer bears full responsibility for the correctness, scope, completeness, content, and compliance with legal regulations of the data entered and stored in the Customer Account.
3. To the extent permitted by law, the Seller is not liable for:
a. blocking by mail server administrators that handle the Customer's email messages of messages sent by the Seller to the Customer's Electronic Address, and for deleting and blocking email messages sent by the Seller by software installed on computer equipment used by the Customer;
b. malfunctioning of the Online Store resulting from the fact that the Customer's computer equipment, software, or Internet access does not meet the technical requirements specified in the Regulations;
c. consequences of providing incorrect or false Customer data when registering a Customer Account or placing an Order.
d. The Online Store may contain links to other websites. The Seller is not responsible for the content, form, and correctness of the information contained in these links. Browsing the content of links is at the Customer's own risk.
4. The Seller reserves the right to place advertising content in any part of the Online Store in forms used on the Internet. The Seller is not responsible for advertising content placed in the Online Store and for any third-party claims arising from this title.
5. Subject to mandatory legal provisions, to the maximum extent permitted by law, the Seller's liability for damages caused to Customers who are not Consumers is limited to the amount paid by such Customer to the Seller for the purchase of a given Good, regardless of the source and legal basis of the non-Consumer Customer's claim, and liability for lost profits is excluded.
§ 10 WITHDRAWAL FROM THE SALES AGREEMENT
1. The Consumer is entitled to withdraw from the concluded Sales Agreement without giving any reason within 14 days from the date of receiving the Order. This period begins to run:
a. from taking possession of the Goods by the Consumer or a third party indicated by them other than the carrier;
b. in the case of a Sales Agreement that covers multiple Goods delivered separately, in batches, or in parts – from taking possession of the last Good, batch, or part;
c. in the case of a Sales Agreement that involves regular delivery of items for a fixed period – from taking possession of the first item;
d. for other cases – from the date of concluding the Sales Agreement.
2. To meet the deadline for withdrawal from the Sales Agreement, it is sufficient for the Consumer to send information regarding the exercise of their right to withdraw from the agreement before the withdrawal period expires.
3. To exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a withdrawal declaration, preferably to the Electronic Address office@feraw.eu. If the Consumer uses this option, the Seller will promptly send the Consumer a confirmation of receipt of the withdrawal information on a durable medium (e.g., by email).
4. The Consumer may formulate the withdrawal declaration from the Sales Agreement as follows (however, keeping the following formula is not mandatory):
Declaration of withdrawal from the Sales Agreement
Seller's name: MH Projekt Monika Hubisz
Seller's address: ul. Hermesa 8 lok. 1, 80-299 Gdańsk
Seller's email: office@feraw.eu
I/we (*) hereby withdraw from the purchase agreement concluded by me/us (*) for the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________
Name(s) of Consumer(s): ____________________________________________
Address(es) of Consumer(s): ____________________________________________________
Signature(s) of Consumer(s) (only for declarations in paper form):_______________________
Date: ___________________________________________________________________
(*) delete as appropriate
5. In the event of withdrawal from the Sales Agreement, the agreement is considered not concluded.
6. The Seller will refund to the Consumer all payments received in connection with the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods and the cost of delivery, provided that regarding the refund of delivery costs, the Seller is only obliged to refund the cost of the ordinary, cheapest method of delivery offered by the Seller. Direct costs related to the return of the Goods resulting from the Consumer's withdrawal from the Sales Agreement shall be borne by the Consumer.
7. The Seller will refund the payments received from the Consumer, including the Price of the Goods and the delivery cost, promptly, but no later than within 14 days from the date of receiving the withdrawal declaration sent by the Consumer, subject to