Regulations

Terms and Conditions of the Online Store www.sklep.fpkozuchy.pl
1. DEFINITIONS
The terms used in these Terms and Conditions shall mean as follows:
1.1. PASSWORD – an alphanumeric string required for authorization when accessing the Account, created independently by the Customer during the Registration process.
1.2. CUSTOMER – a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality which is granted legal capacity by statute, intending to conclude or having concluded a Sales Agreement or an agreement for the provision of an Electronic Service.
1.3. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
1.4. CONSUMER – a natural person for whom the conclusion of a Sales Agreement or an agreement for the provision of an Electronic Service is not directly related to their business or professional activity.
1.5. ACCOUNT (CUSTOMER ACCOUNT) – a subpage of the Store in which, among other things, information on the Customer’s Orders in the Online Store is collected.
1.6. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.7. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.8. REGISTRATION – a one-time action consisting of creating an Account by the Customer, performed using the registration form made available by the Service Provider on the Store’s website.
1.9. ONLINE STORE (STORE) – the Service Provider’s online store available at www.sklep.fpkozuchy.pl through which the Customer may conclude a Sales Agreement or an agreement for the provision of an Electronic Service.
1.10. SELLER – Franciszek Pęksa conducting business activity under the name Franciszek Pęksa Zakład Krawiecki Produkcja, Usługi (business address: ul. Podtatrzańska 46, 34-431 Waksmund), entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economic affairs, NIP 735 100 39 15, REGON 492036258, e-mail: biuro@fpkozuchy.pl, phone number: (+48) 668 771 955 (call charges as per the relevant operator’s price list).
1.11. PARTY – the Service Provider, the Seller, or the Customer.
1.12. SALES AGREEMENT (AGREEMENT) – a contract for the sale of a Product within the meaning of the Civil Code, concluded via the Online Store.
1.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider via the Online Store.
1.14. SERVICE PROVIDER – Franciszek Pęksa conducting business activity under the name Franciszek Pęksa Zakład Krawiecki Produkcja, Usługi (business address: ul. Podtatrzańska 46, 34-431 Waksmund), entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economic affairs, NIP 735 100 39 15, REGON 492036258, e-mail: biuro@fpkozuchy.pl, phone number: (+48) 668 771 955 (call charges as per the relevant operator’s price list).
1.15. ORDER – the Customer’s declaration of intent directly aimed at concluding a Sales Agreement for a Product, specifying its essential terms.

2. GENERAL PROVISIONS
2.1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer, granted to them under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and such provisions of law, the latter shall prevail.
2.2. These Terms and Conditions set out the rules for Customers’ use of the Online Store.
2.3. These Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended) and also govern the conditions for concluding Sales Agreements in the Online Store.
2.4. The Online Store is operated by: Franciszek Pęksa conducting business activity under the name Franciszek Pęksa Zakład Krawiecki Produkcja, Usługi with its registered office at ul. Podtatrzańska 46, 34-431 Waksmund. The authority that registered the entrepreneur’s business activity and the number under which the entrepreneur was registered entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economic affairs NIP 735 219 33 61, REGON 120639284, e-mail address biuro@fpkozuchy.pl, website address www.sklep.fpkozuchy.pl, phone number (+48)668 771 955 (call charges as for a standard call – according to the relevant operator’s price list).
2.5. Through the Online Store, the Service Provider provides the following Electronic Services:
2.5.1. Customer Account in the Online Store;
2.5.2. An interactive form enabling Customers to place an Order in the Online Store.
2.6. The minimum technical requirements necessary to cooperate with the IT system used by the Service Provider:
2.6.1. A computer with Internet access;
2.6.2. Access to e-mail;
2.6.3. Recommended screen resolution: 1024x768 pixels;
2.6.4. Internet browser: Internet Explorer version 7.0 or newer with JavaScript and cookies enabled; Mozilla Firefox version 3.0 or newer with JavaScript and cookies enabled; or Google Chrome version 8 or newer.
2.7. The Customer is prohibited from providing content of an unlawful nature.
2.8. The Customer is obliged to enter data consistent with the facts.
2.9. The Customer is obliged to use the Online Store in a manner consistent with the law and good practices, with due respect for the personal rights and intellectual property rights of third parties.
2.10. It is prohibited to use the Electronic Services in a manner that unlawfully disrupts the functioning of the Online Store by using specific software or devices and by sending or placing unsolicited commercial information in the Online Store.
2.11. In order to ensure the security of message transmission, the Service Provider takes technical and organizational measures appropriate to the degree of risk to the security of the provided Electronic Service.

3. PROVISION OF ELECTRONIC SERVICES
3.1. Under the Store, the Service Provider undertakes to provide Electronic Services to the extent and under the conditions set out in these Terms and Conditions.
3.2. The provision of Electronic Services by the Service Provider is free of charge.
3.3. Conditions for concluding agreements for the provision of Electronic Services:
3.3.1. The agreement for the provision of the Electronic Service consisting in maintaining a Customer Account in the Online Store is concluded at the moment of Registration.
3.3.1.1. To complete Registration, the Customer must provide the following data in the registration form: first and last name, address (street, building number, town with postal code), e-mail address, contact phone number, and a Password.
3.3.2. The agreement for the provision of the Electronic Service consisting in making available an interactive form enabling the placement of an Order in the Online Store is concluded at the moment the above Service is used (adding a Product to the cart).
3.4. The agreement for the provision of the Electronic Service consisting in maintaining a Customer Account in the Online Store is concluded for an indefinite period.
3.5. The agreement for the provision of the Electronic Service consisting in making available an interactive form enabling the placement of an Order in the Online Store is concluded for a definite period and terminates upon placing the Order.
3.6. Conditions for terminating agreements for the provision of Electronic Services:
3.6.1. The Customer may terminate an agreement for the provision of an Electronic Service concluded for an indefinite period at any time and without giving reasons, subject to a 7-day notice period.
3.6.2. The Service Provider may terminate an agreement for the provision of an Electronic Service concluded for an indefinite period if the Customer objectively, grossly or persistently violates the Terms and Conditions, in particular by providing content of an unlawful nature. The violation must be objective and unlawful. Termination may be submitted after at least one ineffective request to cease or remove the violations, with an appropriate deadline. In such a case, the agreement is terminated subject to a 14-day notice period.
3.6.3. Termination of an agreement for the provision of an Electronic Service concluded for an indefinite period by either Party does not prejudice the rights or benefits acquired by the Parties during the term of the agreement.
3.6.4. Regardless of the above provisions, the Parties may terminate the agreement for the provision of an Electronic Service at any time by mutual consent of the Parties.

4. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4.1. Announcements, advertisements, price lists and other information about Products provided on the Online Store’s webpages, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
4.2. The Product price displayed on the Online Store’s website is given in Polish zlotys and includes all components, including VAT and customs duties. However, Product prices do not include delivery costs which—if applicable—are indicated during the Order process and are available on the Online Store website in the “Delivery” tab at http://www.sklep.fpkozuchy.pl/pl/i/Dostawa/18
4.3. The Product price displayed on the Online Store’s website is binding at the time the Customer places the Order. This price will not change regardless of price changes in the Online Store that may occur for individual Products after the Customer has placed the Order.
4.4. In order to conclude a Sales Agreement for a Product using the interactive form, you must visit the Online Store website, select a Product, and—based on the messages and information displayed to the Customer—place an Order using the interactive form.
4.4.1. When placing an Order, the following data necessary to place the Order must be indicated: first and last name, address (street, building number, town with postal code), contact phone number, Product, quantity of the Product, place and method of Product delivery, method of payment.
4.5. Placing an Order via the interactive form occurs when the “ORDER” button is clicked in the form.
4.6. After placing an Order, the Seller shall promptly (1) confirm its receipt, which makes the Customer bound by their declaration, and (2) accept the Order for processing—at which point the Sales Agreement is concluded. Confirmation of receipt of the Order and its acceptance for processing is made by sending the Customer a relevant message to the e-mail address provided during the Order process.
4.7. When placing an Order using the interactive form—until the Order is placed—the Customer has the option to modify the entered data. To do this, follow the messages displayed to the Customer and the information available on the Online Store website.

5. DELIVERY
5.1. In the event of concluding a Sales Agreement, delivery of the Product shall be made no later than within 5 calendar days from the date on which the Sales Agreement was concluded.
5.2. The Seller shall deliver Products according to the Customer’s choice:
5.2.2. via the post or the carrier indicated during the Order process.
5.3. Delivery of Products is available within the territory of the Republic of Poland.
5.4. Delivery costs will be clearly indicated during the Order process and are available on the Online Store website in the “Delivery” tab at http://www.sklep.fpkozuchy.pl/pl/i/Dostawa/18
5.5. Pursuant to Article 545 § 2 of the Civil Code, if the Product is sent to the Customer via a carrier, the Customer is obliged to examine the consignment at the time and in the manner customary for consignments of this type. If they find that during transport there has been a loss or damage to the Product, they are obliged to take all steps necessary to establish the carrier’s liability.

6. PAYMENT
6.1. The Seller provides the following payment methods:
6.1.1. Cash on delivery;
6.1.2. Bank transfer (the Seller’s bank account details are indicated on the Store’s website and in the e-mail sent to the Customer after placing the Order).
6.2. In the case of a payment method other than cash on delivery upon receipt of the shipment, the Customer is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Sales Agreement provides otherwise.
6.3. In the case of Customers who are not Consumers at the same time, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part.

7. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
7.1. A Customer who is also a Consumer and who has concluded a Sales Agreement or an agreement for the provision of an Electronic Service may withdraw from it without giving reasons by submitting an appropriate written statement within fourteen days. It is sufficient to send the statement before the expiry of this period. The above right may be exercised by the Consumer by sending a withdrawal statement to the following address: ul. Podtatrzańska 46, 34-431 Waksmund
7.2. The ten-day period within which the Consumer may withdraw from the Sales Agreement or the agreement for the provision of an Electronic Service is counted from the day the Product is delivered in the case of a Sales Agreement, and when the agreement concerns the provision of an Electronic Service—from the day it is concluded.
7.3. In the event of withdrawal from the agreement, the Sales Agreement or the agreement for the provision of an Electronic Service shall be deemed not concluded, and the Customer shall be released from all obligations. What the Parties have provided shall be returned in an unchanged condition, unless a change was necessary within the limits of ordinary management. The return should take place without delay, no later than within fourteen days. If the Consumer has made any advance payments, statutory interest is due on them from the date of the advance payment.
7.4. The Seller shall make the refund to the bank account number indicated by the Consumer or in another manner indicated by the Consumer.
7.5. The right to withdraw from a distance agreement does not apply to the Consumer in the following cases:

• services commenced, with the Consumer’s consent, before the expiry of the time limit referred to above in items 7.1 and 7.2;
• audio and visual recordings and software recorded on data carriers after the Consumer has removed their original packaging;
• agreements concerning benefits for which the price or remuneration depends exclusively on movements in financial market prices;
• benefits with properties specified by the Consumer in the Order they placed or strictly related to their person;
• benefits which, due to their nature, cannot be returned or whose subject is liable to rapid deterioration;
• delivery of newspapers and periodicals;
• services in the field of games of chance.

8. COMPLAINT PROCEDURE
8.1. Complaints for non-conformity of the Product with the Sales Agreement
8.1.1. The Seller is liable to the Customer who is a natural person purchasing the Product for purposes not related to professional or business activity, for non-conformity of the Product with the Sales Agreement to the extent specified in the Act of 27 July 2002 on specific conditions of consumer sale and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended).
8.1.2. Complaints for non-conformity of the Product with the Sales Agreement may be submitted in writing to the address: ul. Podtatrzańska 46, 34-431 Waksmund or by e-mail to: biuro@fpkozuchy.pl
8.1.3. The Seller shall respond to the complaint without delay, no later than within 14 days. The Seller’s reply regarding the complaint is sent to the address provided by the Customer or in another manner indicated by the Customer.
8.1.4. The Seller informs that in the case of Products also covered by a warranty, rights under such warranty should be exercised under the terms set out in the warranty card. The warranty for the sold Product does not exclude, limit or suspend the Customer’s rights under the Seller’s liability for non-conformity of the Product with the Sales Agreement to the extent specified in the Act of 27 July 2002 on specific conditions of consumer sale and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended).
8.2. Complaints related to the provision of the Electronic Service
8.2.1. Complaints related to the provision of Electronic Services may be submitted in writing to the address ul. Podtatrzańska 46, 34-431 Waksmund or by e-mail to: biuro@fpkozuchy.pl
8.2.2. The Customer has the right to submit a complaint within 1 month from the date on which they noticed irregularities in the provision of the Electronic Service.
8.2.3. It is recommended to provide in the complaint as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of occurrence of irregularities and contact details—this will facilitate and expedite the handling of the complaint by the Service Provider.
8.2.4. The complaint shall be considered by the Service Provider without delay, no later than within 14 days.
8.2.5. The Service Provider’s response regarding the complaint is sent to the Customer’s e-mail address provided in the complaint or in another manner indicated by the Customer.

9. PERSONAL DATA

9.1. Personal data provided by Customers in the Online Store www.fpkozuchy.pl (including during the process of registering an account, placing an order without registration in the Online Store www.fpkozuchy.pl, using the Online Store www.fpkozuchy.pl, including purchases in the Online Store www.fpkozuchy.pl) are processed by F.P. LEATHER FRANCISZEK PĘKSA with its registered office address: Ul. Podtatrzańska 46, 34-431 Waksmund (data controller).

9.2. Providing personal data by the Customer is voluntary, however necessary to make purchases and to use those services provided electronically by F.P. LEATHER FRANCISZEK PĘKSA that require personal data to be provided. F.P. LEATHER FRANCISZEK PĘKSA processes personal data for the purpose of providing electronic services, concluding with the Customer and performing sales agreements for products ordered by the Customer in the Online Store www.fpkozuchy.pl, and—if the Customer gives the consent referred to in § 10 of these Terms and Conditions—also for the purpose of providing the newsletter service.

9.3 The Customer has the right to access the content of their personal data and to rectify and delete it. Personal data may be rectified or deleted after logging into the Customer’s account (the “Log in” tab) or by submitting a request to the e-mail address: biuro@fpkozuchy.pl

9.4 By providing data, the Customer declares that the personal data provided are their own.

9.5 Detailed provisions on the protection of the Customer’s personal data are set out on the Online Store’s website www.sklep.fpkozuchy.pl dedicated to the privacy policy.

10. NEWSLETTER

10.1 The Customer may consent to order the newsletter service (subscription). The newsletter service consists in periodically sending to the provided e-mail address an information bulletin of F.P. LEATHER FRANCISZEK PĘKSA and messages containing marketing content (commercial information) of F.P. LEATHER FRANCISZEK PĘKSA and its business partners (including content regarding products of F.P. LEATHER FRANCISZEK PĘKSA and its business partners and Promotions). Newsletter subscription is made by checking the appropriate option in the registration form or later in the “Log in” tab (link “Newsletter”).

10.2 Newsletter subscription is voluntary and free of charge. The newsletter service is provided for an indefinite period and the Customer may unsubscribe at any time.

10.3 The Customer may unsubscribe from the newsletter at any time, either independently by unchecking the relevant field in the “Log in” tab (link “Newsletter”) or by submitting a request to the e-mail address: biuro@fpkozuchy.pl

11. FINAL PROVISIONS
11.1. Agreements concluded via the Online Store are concluded in the Polish language.
11.2. In matters not regulated in these Terms and Conditions, the provisions of law in force in the territory of the Republic of Poland shall apply, including the Civil Code, the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended); the Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product (Journal of Laws No. 22, item 271, as amended); the Act of 27 July 2002 on specific conditions of consumer sale and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended), and other relevant provisions of Polish law.
11.2.1. The choice of Polish law does not deprive the consumer of the protection granted to them under provisions that cannot be excluded by agreement, under the law that would be applicable in the absence of choice, i.e., the law of the country in which the consumer has their habitual residence and the entrepreneur (1) pursues their business or professional activity in the country where the consumer has their habitual residence; or (2) in any way directs such activity to that country or to several countries including that country; and the agreement falls within the scope of that activity.
11.4. Customers may access the Terms and Conditions at any time via a link placed on the Online Store’s homepage and download and print them. The current Terms and Conditions of the Online Store are available at: http://www.sklep.fpkozuchy.pl/pl/i/Regulamin/2 and are provided free of charge to the Customer (electronically) upon each request.
11.5. Recording, securing and making available to the Customer the content of the concluded Sales Agreement and the agreement for the provision of an Electronic Service takes place by (1) making these Terms and Conditions available on the pages indicated in item 10.4 and (2) sending the Customer an e-mail, and in the case of a Sales Agreement also by (3) including the proof of purchase and the Order specification with the shipments.
11.6. Disputes arising between the Service Provider, the Seller and a Customer who is also a Consumer shall be submitted to the competent common courts. Disputes arising between the Service Provider, the Seller and a Customer who is not a Consumer at the same time shall be submitted to the court having jurisdiction over the registered office of the Service Provider or the Seller.
11.7. These Terms and Conditions enter into force on 2018.05.25