ONLINE STORE TERMS AND CONDITIONS en.floga.eu
§ 1. GENERAL INFORMATION
1. The online store available at www.floga.eu is run by the company Slawomir Dominiak SlawDom , NIP 6652727812, Os.Legionów 3/49 62-510 Konin, Poland , entered into the Central Register and Information on Economic Activity.
2. These regulations apply to contracts concluded via the website www.floga.eu
a) Online Store – the Seller’s online store available at www.balmea.pl
b) Regulations – these regulations of the Online Store referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204 as amended)
c) Seller – HERE COMPANY DATA AS ABOVE, entered in the Central Register and Information on Economic Activity kept by the minister responsible for economy,
d) Buyer – a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit without legal personality, who uses the services provided electronically by the Seller,
e) Registration form – a form available in the Online Store that allows you to create and log in to the Account, using the Buyer’s access data (login and password),
f) Account – a collection of resources in the Seller’s ICT system, marked with an individual name (login) and password provided by the Buyer, in which the Buyer’s data is collected, including information about placed Orders,
g) Order form – a form available in the Online Store that allows the Buyer to place an Order and its implementation without the need to create an Account,
h) Order – the Buyer’s declaration of will, constituting an offer to conclude a Product Sales Agreement with the Seller,
i) Sales contract – a contract for the sale of a Product within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), concluded via the Online Store in Polish,
j) Product – a movable item available in the Online Store, which is the subject of a sales contract between the Buyer and the Seller,
k) Cart – a virtual tool that allows the Buyer to collect selected Products before purchasing them and convert their value. When selecting Products, the Buyer may freely manage the contents of the basket by adding more Products to it or removing them from the basket,
l) Promotion – a price discount strictly defined in time for selected Products, which are the subject of the Sales Agreement between the Buyer and the Seller,
m) Proof of purchase – VAT invoice
n) Newsletter – a service provided free of charge electronically by the Seller, consisting in enabling interested Buyers to automatically receive to the e-mail address provided the most important information related to the Online Store, in particular: news, promotions and commercial offers of the Seller,
o) Appendix No. 1 – a document attached to the Regulations enabling withdrawal from the contract, referred to in § 7,
p) Annex 2 – a document attached to the Regulations enabling the submission of a complaint referred to in § 5,
4. The services provided electronically by the Seller consist of:
a) enabling logging in to the Online Store using the access data assigned to the user’s account,
b) enabling an Account in the Online Store,
c) enabling the conclusion of a Sales Agreement by completing the Order Form,
d) running the Newsletter.
5. Before completing the Order Form or the Registration Form along with creating an Account, the Buyer is asked to read and accept the Regulations.
6. The Buyer gains access to the Account via the login and password. The contract for keeping an Account in the Online Store is concluded for an indefinite period and does not entail any financial obligations for the Buyer. The contract may be terminated at any time by deleting the Account in the Online Store or sending information about the resignation by the Buyer to the Seller’s e-mail address: email@example.com
7. By registering or placing an Order, the Buyer declares that he is entitled to conclude the Agreement, and the personal data provided by him is complete and consistent with the facts and does not infringe any rights of third parties. In the event of changes in this regard, the Buyer is obliged to immediately inform the Seller about the above.
8. In the event of any change to the Buyer’s data provided during registration, the Buyer should update them before concluding the next Sales Agreement, using the appropriate form available in the Store.
9. The Seller may request the authentication of the data provided by the Buyer, and in the case of updating these data, the authentication may take place by sending the required documents to the Seller.
10. The Buyer is obliged to protect his identification data (login and password) used to log in to the Store.
11. Promotions for selected Products from the Store’s offer may be organized in the Online Store. The rules of the Promotion are decided by the Seller, making them public on the website of the Online Store.
12. Announcements, Seller’s advertisements, price lists and other information about the Products, provided on the websites of the Online Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended).
13. To use the www.en.floga.eu Online Store, a computer or a mobile device with internet access and a web browser are required (Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. Or newer), as well as a keyboard or other pointing device, enabling the correct filling of electronic forms.
14. The provisions of these Regulations are not intended to exclude or limit any rights of the Buyer who is also a consumer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), to which him under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
§ 2. CONDITIONS FOR PLACING AN ORDER
1. The Buyer is obliged to use the Online Store in a manner consistent with applicable law, principles of social coexistence and morality, bearing in mind the respect for personal rights and intellectual property rights of third parties.
2. The online store sells in the territory of the Republic of Poland and in the European Union.
3. The Buyer may choose one of the following methods of placing an Order:
a) placing an Order through a previously created Account,
b) placing an Order by completing the Order Form available on the Store’s website – without the need to register,
c) placing an Order with registration by completing the Order Form available on the Store’s website.
4. All Products available in the Online Store are original, brand new (free from defects) and comply with applicable standards and requirements.
5. The orders referred to in point 3 of this paragraph may be placed 7 days a week, 24 hours a day.
6. In order to effectively place and execute the Order referred to in point 3 a) of this paragraph, the Buyer may at the same time complete the Registration Form in the store and at the same time create an Account in it.
7. In order to effectively place and execute the Order referred to in point 3 b) of this paragraph, the Buyer is asked to add the Product to the Cart, fill in the Order Form available on the Store’s website and send it to the Online Store.
8. Orders placed on weekdays after 4:00 pm, on Saturdays and Sundays and public holidays will be processed on the next business day.
9. Confirmation of the submission and acceptance of the Order for implementation will be sent to the Buyer by the Seller in the form of an e-mail.
10. The sales contract is treated as concluded upon receipt by the Buyer of the e-mail referred to in point 9 of this paragraph.
11. Orders submitted for execution may be canceled by the Buyer who is also a consumer within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), until the Product is shipped.
12. The order fulfillment time (completing the Order and preparing for shipment) is from 1 to 2 business days. In the case of Products available “on request”, the duration of the Order is each time agreed individually with the Buyer, however, it does not exceed 14 business days.
13. The Buyer is informed about the unavailability of the Products, and therefore may agree to extend the duration of the Order or cancel the ordered Product or the entire Order. If the Products are not available, the estimated duration of the Order is agreed individually with the Buyer, with an average of 5 working days.
14. The Seller reserves the right to cancel the Order if the Buyer, despite being requested, has not completed the deficiencies required for the effective implementation of the Order within 7 days.
15. If you want to establish a longer cooperation or if you want to complete a larger Order, the Seller recommends individual contact. Then, it will be possible to establish individual terms and conditions of cooperation in relation to a given Buyer. The above applies in particular to the terms of the Order, delivery methods, payment methods, as well as the possibility of granting a discount on the purchased Products.
16. The provision of point 15 of this paragraph applies only to Buyers who are also entrepreneurs within the meaning of Art. 43 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), i.e. persons performing legal actions directly related to their own business activity or professional.
§ 3. PAYMENTS
1. The prices given in the Online Store are expressed in Euro and are gross prices, they include all components, including VAT and customs duties. The prices, however, do not include any possible delivery costs, which are indicated when placing the Order.
2. The Buyer is informed about the total amount of the Order each time before placing the Order.
3. A Proof of Purchase (bill, receipt or VAT invoice) is attached to each Order.
4. A buyer who is not a consumer within the meaning of Art. 22 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 as amended), in order to perform the Order, authorizes the Seller to issue a VAT invoice without the recipient’s signature.
5. The Buyer may choose one of the following methods of payment for the Products ordered: a) payment by credit card or by regular or online transfer to the Seller’s bank account in the form of: prepayment, payment after delivery – only for budget units and Buyers cooperating with the Seller on the terms established in an individual agreement, b) cash on delivery.
6. The Buyer selects the payment when placing the Order.
7. If you choose the payment method referred to in point 5 a) of this section (prepayment), the Products are shipped when 100% of the funds are credited to the Seller’s account.
8. If the payment method referred to in point 5 b) of this paragraph is selected, the Products are shipped immediately, no later than 24 hours after the Buyer places the Order (applies to situations where the Product is available in stock).
9. If the payment method referred to in point 5 a) of this section is selected (prepayment), if the Buyer fails to make the payment within 7 days from the date of confirmation of the Order, the Seller will request the Buyer to make the payment. In the event of an unsuccessful call, the Seller has the right to cancel the Order, informing the Buyer about it by e-mail or telephone.
10. Payment cards that can be used to make payments: Visa, MasterCard, Maestro
11. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.
Online internet transfers with which you can make payments: Visa, MasterCard, Maestro, PayPal, Transfer to the account
§ 4. DELIVERY
1. The Seller delivers the ordered Products to the Buyer to the address provided when placing the Order only via a courier company.
2. The costs of delivery are borne by the Buyer.
3. The Seller undertakes to cover the shipping costs in Poland, if the value of the Order exceeds PLN 1,200 gross.
4. Shipping costs are calculated in accordance with the current price lists and depend on the weight and size of the shipment. The buyer is informed about the shipping costs when placing the order.
5. The Seller undertakes to provide the Buyer with Products free from defects.
6. The Buyer undertakes to pick up the shipped Product.
§ 5. COMPLAINT
1. The seller recommends checking the parcel in the presence of an employee of the courier company. Failure to check the shipment does not suspend any possible complaint, although in the event of such verification, the complaint procedure will be significantly improved.
2. The above does not apply to an entrepreneur within the meaning of Art. 43 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), which is obliged to check the parcel in the presence of a courier company employee.
3. If it is found that the Product has a defect, the Buyer is obliged to inform the Seller about it.
4. The complaint should contain: Buyer’s data (name, surname, address, e-mail address), description of the Product defect, date of its occurrence and the Buyer’s request.
5. A proof of purchase or a copy thereof must be attached to the Product being complained about.
6. The Buyer is obliged to send back the advertised Product at his own expense. If the complaint is accepted, shipping costs are reimbursed.
7. Complaints should be sent to the e-mail address: firstname.lastname@example.org
8. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller will ask the person submitting the complaint to supplement it in the indicated scope.
9. The Seller undertakes to respond to the complaint submitted by the Buyer within 14 days. No response from the Seller after the deadline indicated in the previous sentence results in the complaint being considered justified.
10. The Seller is liable under the warranty if the defect was found within 2 years of the Product being delivered to the Buyer.
11. Slight differences in appearance resulting from the individual settings of the Buyer’s computer – and in particular the monitor – cannot be the basis for a complaint about the purchased Product.
§ 6. WARRANTY
1. Products offered in the Online Store www.en.floga.eu are covered by a guarantee provided by the Manufacturer, Importer or Seller, respectively – depending on the type of Product purchased.
2. Details of the warranty procedure, and in particular the period for which the warranty is granted, can be found on the warranty card attached to the Product.
3. The warranty does not exclude, limit or suspend the Buyer’s rights under the Seller’s liability for physical and legal defects of the Product to the extent specified in the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 as amended).
§ 7. WITHDRAWAL FROM THE CONTRACT
1. To the Buyer who is a consumer within the meaning of Art. 22 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 as amended), you have the right to withdraw from a distance contract, without giving any reason, within 14 days from the day of receipt of the Product.
2. The Buyer is not entitled to the above right in the following cases:
a) the provision of services, if the Seller has fully provided the service with the express consent of the Buyer, who was informed prior to the commencement of the provision that after the performance of the service by the Seller, he would lose the right to withdraw from the contract,
b) contracts for services for 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 contract,
c) contracts the subject of which is a non-prefabricated item, manufactured according to the Buyer’s specifications or serving to satisfy his individual needs,
d) contracts the subject of which is an item that deteriorates quickly or has a short shelf-life,
e) contracts where 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 packaging has been opened by the Buyer after delivery,
f) specific contracts, the subject of which are things that after delivery, due to their nature, are inseparably connected with other things,
g) contracts the subject of which are alcoholic beverages for which the price was agreed upon conclusion of the Sales Agreement and the delivery may take place only after 30 days, and their value depends on fluctuations on the market over which the Seller has no control,
h) contracts in which the Buyer has expressly requested the Seller to visit him for urgent repair or maintenance. If the Seller provides additional services other than those requested by the Buyer, or provides items other than spare parts necessary for repair or maintenance – the Buyer has the right to withdraw from the contract with regard to additional services or items,
i) contracts the subject of which are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened by the Buyer after delivery,
j) delivering newspapers, periodicals or magazines, with the exception of subscription contracts,
k) contracts concluded by public auction,
l) contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the concluded contract indicates the day or period of service provision,
m) contracts for the supply of digital content, not recorded on a tangible medium, if the performance began with the express consent of the Buyer before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.
3. For effective withdrawal from the contract referred to in point 1 of this section, it is sufficient for the Buyer to submit a written statement by e-mail or postal within the statutory 14-day period from the moment of receiving the parcel. The form of the statement is included in Appendix 1. In response, the Buyer will receive an address for sending the Product.
4. The Buyer, withdrawing from the contract, is obliged to return the Product to the address indicated together with the Proof of Purchase or its copy within 14 days from the date of withdrawal.
5. The shipping costs of the returned Product are borne by the Buyer.
6. The Buyer is liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7. The Seller guarantees the return of the Product price and the Product shipping costs to the Buyer immediately, no later than within 14 days.
8. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of return, which does not involve additional costs for him.
9. If the Buyer has chosen a method other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Buyer for additional costs incurred by him.
10. Returns of Products upon withdrawal from the Agreement, sent at the Seller’s expense or cash on delivery will not be accepted.
11. The provisions of this paragraph do not apply to Buyers who are not consumers within the meaning of Art. 22 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended), i.e. persons performing legal actions directly related to their own business activity or professional.
§ 8. PROTECTION OF PERSONAL DATA
1. The Buyer, by completing the Order Form or the Registration Form and creating an Account, is asked to consent to the processing of personal data by the Seller, in accordance with the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2014, item 1182, 1662).
2. Personal data is processed by the Seller solely for the purpose of providing the services referred to in § 1. point 4 of these Regulations.
3. The Buyer’s personal data will not be disclosed to other persons or institutions for marketing purposes without obtaining their express consent.
4. The Buyer has the ability to access his personal data for the purpose of verification, modification or removal from the Seller’s database.
§ 9. COPYRIGHT PROTECTION
1. All photos of Products and other materials (including texts, graphics, logos) posted on the website of the Online Store www.balmea.pl are the property of the Seller or have been used by the Seller with the consent of third parties who own the copyrights to them.
2. It is forbidden to copy photos and other graphic materials as well as reprint texts posted on the website of the Online Store www.enfloga.eu, including making them available on the Internet without the Seller or other third party having the copyrights to them.
3. It is also forbidden to external entities to download photos from the website www.balmea.pl and use them for marketing and commercial purposes.
4. The use of the above-mentioned properties owned by the Seller with his consent is possible for a fee of 100 Euro net for one sentence or a graphic for each day for each occurrence at the user.
5. The use of the above-mentioned materials without the knowledge and written consent of the Seller shall mean the conclusion of the contract on the terms described in point 4 above.
6. The use of the above-mentioned materials without the written consent of the Seller or another third party who is entitled to copyrights is unlawful and may constitute the basis for initiating civil and criminal proceedings against the perpetrators of this practice.
§ 10. FINAL PROVISIONS
1. The Seller shall not be liable for any damage caused by the Buyer providing false, outdated or incomplete data in the forms referred to in these Regulations and the Buyer’s failure to comply with the Regulations.
2. The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance works or works on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.
3. The Seller reserves the right to amend the Regulations. The changes come into force at the time clearly indicated by the Seller, but not earlier than 7 days from their announcement. Orders placed before the changes referred to in the previous sentence come into force will be implemented on the terms applicable at the time of their submission.
4. A buyer who does not agree to the new Regulations may stop using the Online Store.
5. Any disputes between the Parties will be settled amicably. However, if it is not possible to resolve the dispute amicably, the court competent to consider the dispute is the court competent for the seat of the Seller.
6. The above provision does not apply to consumers within the meaning of Art. 22 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) – where all disputes between the Parties will be resolved amicably or in the presence of an independent and impartial mediator. However, if it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined according to the provisions generally applicable in the Republic of Poland.
7. Buyers who are consumers also have the option of using an out-of-court complaint and redress procedure before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Information on how to access the above-mentioned the mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the “Settlement of consumer disputes”
9. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121, as amended) and the Act of May 30 2014 on consumer rights (Journal of Laws of 2014, item 827.
10. The Regulations are valid from the date 01.05.2021