Fryderyk Danielczyk STORE deals with revitalising furniture, mainly from the 60s and 70s, as well as different accessories. We guarantee the order being fulfilled or your money back.
Please find below the Terms and Conditions of Fryderyk Danielczyk STORE. If anything is not clear please e-mail us at email@example.com and we will help you.
- Fryderyk Danielczyk STORE with its registered office in Gołdap (19-500), Osiedle Młodych 4/37 (Polish Tax Reference Number 8471286744, Polish National Business Registry Number, registered in the Polish Business Activity Central Register and Information Record System ), is the owner and administrator of the Website (defined in point 2) available at http://www.fryderykdanielczykstore.com/
- The website allows its Users (defined in point 2) to enter into a sales contract with the Seller (defined in point 2) regarding items of interior design (hereinafter referred to as Items defined in point 2).
In this agreement, unless the context requires otherwise,
- Item Price means the price proposed by the Seller for an Item. Item Price includes VAT.
- Total Price means the Item Price plus the cost of the delivery method chosen by the Buyer. The Total price includes VAT.
- User Account means each User’s individual panel which is set up and operated on their behalf by Fryderyk Danielczyk STORE once the User has registered on the Website.
- Buyer means each User (consumer or business owner) who is about to buy or has already bought one or more Items from the Website.
- Seller means Fryderyk Danielczyk STORE with its registered office in Gołdap (19-500), Osiedle Młodych 4/37 (Polish Tax Reference Number 8471286744, Polish National Business Registry Number, registered in the Polish Business Activity Central Register and Information Record System).
- Product Range means information regarding specific Items to be sold via the online shop including a detailed product description and the allocated Item Price.
- Item means all goods included in the Product Range.
- Website means the internet page created, developed and used by Fryderyk Danielczyk STORE available at http://www.fryderykdanielczykstore.com/ and its subpages.
- Condition of the Item describes the degree of wear and tear indicated by the Seller. All the Items included in the Offer come under the “renovated revitalised” category (an Item which has been revitalised).
- Purchase means that the Seller has entered into a sales contract with the Buyer who has placed an order for an Item via the Website and made payment for it. The Purchase is made online in the form of a remote contract.
- To make a purchase you can either register online and create a User Account which enables you to use the Website with all its facilities or make a purchase as a guest customer without having to register online.
- Any individual who is over 18, legal entity or legal entity without legal capacity can become a User. Under 18s are allowed to use the Website provided that the User Account is set up by their parent or legal guardian.
- To register online you are required to have a device with internet access and an active e-mail account.
- To register you are required to fill in a registration form available on our Website, it can also be done automatically during your first Purchase. Providing personal details is not obligatory, however, missing out the information marked as obligatory on the registration form will make registration impossible.
- Having successfully registered you will receive a confirmatory e-mail from Fryderyk Danielczyk STORE to an e-mail address provided.
- By registering and using our Website you accept the Terms and Conditions.
- By registering you confirm and guarantee that the personal details provided are true and correct. Should these details change you are requested to update your User Account without delay.
- By registering you commit to keep your user password protected and not to disclose it to any third parties.
- Fryderyk Danielczyk STORE is not responsible for any damage caused by an authorised person gaining access to your User Account, unless the damage was caused due to wilful misconduct on the part of the STORE.
- By registering you consent to your personal data being processed by Fryderyk Danielczyk STORE for the purposes of sales audit and order processing under the Polish Data Protection Act dated 29th August 1997 (the Polish Official Journal No. 133, item 883).
- By registering you consent to receiving system and marketing e-mails from Fryderyk Danielczyk STORE.
- Fryderyk Danielczyk STORE may refuse to create or maintain your User Account without providing the reason. Should this occur, the data provided during registration will be deleted and will not be processed by Fryderyk Danielczyk STORE. The refusal may take place when:
- Fryderyk Danielczyk STORE suspects the data provided by you is incorrect.
- The User has not been adhering to the Website’s user rules, the Terms and Conditions or good practice standards.
- User’s login is illegal, breaches the Terms and Conditions and good practice.
- The User Account cannot be operated by Fryderyk Danielczyk STORE for technical reasons.
- It is prohibited to publish insulting, vulgar, and obscene materials, materials which are contrary to good practice and provisions of the law.
4. SHOPPING PROCEDURES
- To order an Item, the Buyer adds the Item to the Basket and then confirms the order (confirming the number of items and the delivery cost). The order is confirmed by clicking the “Go to checkout” button which redirects the Buyer to the “Payment” form. Once all the mandatory fields have been filled in, the Buyer then clicks the “Order now” button. The order has been placed and the Buyer is required to pay for the purchase.
- The Buyer will not be able to place an order until all the required personal information has been provided (name, surname, street name, street number, post code, city, e-mail address, telephone number) on the “Payment” page which contains the information regarding the order being placed.
- In order to finalise the order, the User needs to accept the Terms and Conditions at the same time giving consent to raising and sending by Fryderyk Danielczyk STORE any purchase documentation such as receipts, invoices, correcting invoices, and electronic copies of invoices in accordance with the Ordinance of the Polish Minister of Finance dated 17th December 2010 regarding sending invoices electronically, storing them and presenting them to the revenue and customs authorities or the tax audit authorities issued under Article 106 Paragraph 10 and 11 of the Polish Taxation of Goods and Services Act of 11th March 2004.
- The documents will be sent to the e-mail address provided when placing the order.
- Paper sales documents are provided only when technical or formal issues occur which prevent them from being sent or at the User’s request.
- Each order is accompanied by a sales receipt or an invoice, if User requested one. Fryderyk Danielczyk STORE is exempt from VAT under Art 113 paragraph 1 or 9 of the Polish VAT act.
- By placing an order the Buyer obliges to make full payment. Once the payment has been made, the status changes to “Processed” and the Purchase is finalised.
- The sales contract is in keeping with the Terms and Conditions and is made in Polish, subject to the delivery fee within 5 days from the date when the sales contract was made, unless stated otherwise.
2. Methods of payment
- The only method of payment is a direct bank transfer to the bank account provided.
3. Item Prices
- Item Prices constitute information required by law and are available to the public.
- Item Prices are given in Polish złoty and Euro.
- Item Prices may be reduced when the Seller decides to introduce a price reduction.
- The final and binding price is the Item Price provided on the Website at the time of Purchase.
4. Delivery cost
- The delivery cost is set out by the Seller for each Item individually at the time of putting the Item up on the Website.
- The buyer is responsible for paying the delivery cost.
- The delivery cost is provided individually with every Item.
- Items advertised on the Website belong to the Seller and remain in his possession until they are sent out.
- Orders containing one or more Items will be sent out separately.
- Packages containing ordered Items are sent by the Seller by Polish Post to the address provided by the Buyer.
- When the self-pick up option has been chosen, the Seller will notify the Buyer about the place and time of the pick-up via telephone.
- The change of the correspondence address does not automatically change the delivery address for the orders made before the change of address. These orders will be sent to the address provided at the time of placing the order.
- The change of address for complex orders can be made only by e-mailing the Seller at: firstname.lastname@example.org
- Once the payment has been credited to our account, the ordered Items will be sent within 2 working days unless stated otherwise.
- Some Items may take longer to be dispatched in which case the Product description clearly states it.
5. SALE PROCEDURES
- Items are placed on the Website by the Seller as Product Range for an infinite amount of time.
- By placing the Product Range on the Website, the Buyer is obliged to put up photos of the Items in a JPEG or a PNG format and to provide their detailed descriptions.
- The Seller confirms that the Items available in the Product Range are in his possession.
- The Seller is the author or has the right to use the images and descriptions of the Items published on the Website.
- The Seller obliges to group the Items into categories.
- The Seller reserves the right to change the Product Range or remove Items provided that any of them have not been ordered or are not currently in someone?s basket.
- By placing the Product Range on the Website, the Seller sets the Item Prices as well as the delivery methods and the delivery cost.
- Fryderyk Danielczyk STORE chooses the Items which appear on the banner on the main page.
- Fryderyk Danielczyk STORE chooses the Items which are presented in the Newsletter.
2. Order processing
- From the moment described in point 4.1.1 depending on the delivery method chosen by the Buyer when placing the order, the Seller is obliged to facilitate the quickest possible self-pick up of the Item purchased or deliver it by Polish Post to the address provided by the Buyer within 2 working days unless otherwise stated.
- The Seller is required to notify the Buyer of any circumstances which may cause the delivery to be delayed.
- The Seller is responsible for packaging the Items securely to make sure they reach the Buyer as described in the Product description.
- The Seller is responsible for keeping the postage confirmation from Polish Post in case the package fails to be delivered.
- Having sent the package, the Seller is responsible for providing the Buyer with an order confirmation and the tracking number either via the Website or by e-mail.
- The Seller is responsible for any damage which may have occurred while the Items are being transported either by the Seller or the delivery company (Polish Post) provided that the Buyer documents the damage in the presence of the delivery driver as set out in point 5.2.9.
- The Buyer is responsible for checking the condition and contents of the delivered Item in the presence of the delivery driver. If any damage has occurred, the Buyer is responsible for drafting a damage report in the presence of the delivery driver. The Seller may refuse a refund on the grounds of such report not being provided.
- In the case of a return of the Item the Buyer is responsible for any damage that may have occurred during transport by the Buyer or a delivery company unless the Seller documents the damage in the presence of the delivery driver analogous to the provisions set out in point 5.2.9.
- Should the Buyer refuse to accept the package and it is returned to the Seller, the Seller is responsible for any damage which may have occurred in transit.
6. RETURNS AND REFUNDS
- Under the Polish Consumer Rights Act of 30th May 2014 (the Polish Official Journal 2014, item 827) the Buyer may terminate the sales contract within 14 days of receiving the Item without providing any reason or incurring any costs besides the fee defined in 6.1.6.
- The Buyer may terminate the sales contract and return the Item purchased by e-mailing email@example.com.
- Under Article 38 of the Polish Consumer Rights Act of 30th May 2014 (the Polish Official Journal 2014, item 827) any Items made to a specific order to meet an individual Client?s requirements (where for example specific materials have been used, the size or colours have been changed) cannot be returned.
- The Item to be returned should be sent back in an unchanged condition, it should not bear any signs of wear and tear.
- The Buyer is obliged to send the Item back no later than 14 days from the date of the termination of the sales contract.
- The Buyer is responsible for paying the return postage fee.
- The Buyer will receive a refund of the Item Price. The Seller will refund the money into the Buyer’s bank account no later than 14 days after receiving the e-mail with the sales contract termination.
- Fryderyk Danielczyk STORE may delay the refund until the Item is received or a proof of postage is presented, whichever happens first.
- Due to the unique nature of the Items sold on the Website, it is not possible to exchange them, unless both parties decide otherwise once the return request has been received. In such case both parties agree on the terms of the exchange.
- The Buyer can lodge a complaint regarding an Item which turned out to be faulty and ask for a free repair, a price reduction or terminate the sales contract. As the Items are second-hand, a complaint can be made only regarding the faults which have not been mentioned in the Product Description or illustrated by the Item photos.
- The Buyer can lodge a complaint regarding an Item which does not match the Product Description or the photos and ask for a price reduction or terminate the sales agreement.
- In order to lodge a complaint, the Buyer needs to send a complaint form via the User Account or an e-mail to firstname.lastname@example.org.
- The Buyer is obliged to send the faulty Item back to the Seller’s address.
- Once the fault has been repaired and the Item has been sent back to the Buyer, the Seller is obliged to confirm the postage.
- When the complaint results in a refund, the Buyer will be refunded the costs incurred (the Item Price). The Seller will refund the money into the Buyer’s bank account.
- The Buyer can make a complaint regarding the Item not being delivered. The complaint cannot be made earlier than 14 days from the date of postage.
- In order to lodge a complaint regarding the Item not being delivered, the Buyer needs to send a complaint form via the User Account or e-mail email@example.com.
- Having received a missing parcel message the Seller needs to report it to the Delivery company.
- If the Delivery company accepts the complaint and confirms the parcel being lost, the Buyer will receive the money back (the Item price plus the delivery cost). The Seller will refund the money into the Buyer’s bank account.
- The Seller keeps the sum awarded by way of compensation for the lost package.
- If the parties do not reach an agreement with regards to the complaint, Fryderyk Danielczyk STORE reserves the right to hold the money until the issue has been confirmed as resolved.
4. Out of court complaint resolution
- Detailed information regarding out of court consumer complaint resolution and redress for buyer consumers is available at local consumer rights ombudsman offices, community organisations whose statutory objective is consumer protection and regional Trade Inspectorates or their websites.
- A buyer consumer has the following options of out of court complaint resolution and redress:
- The buyer has the right to apply to a permanent consumer arbitration court to seek complaint resolution regarding the Purchase.
- The buyer has the right to contact the local Trade Inspector to apply for mediation proceedings in order to resolve the matter amicably.
- The buyer may receive free advice regarding the matter resolution by seeking free advice from the local consumer ombudsman or a community organisations whose statutory objective is consumer protection (e.g. Polish Consumer Federation or the Association of Polish Consumers).
- The Newsletter is an electronic message sent by Fryderyk Danielczyk STORE to the User’s e-mail address containing information about the Product Range and services available on the Website. The Newsletter is sent out to everyone who subscribed to it.
- Each Newsletter contains the sender information, the subject which describes the content of the message as well as information regarding how to unsubscribe.
- Anyone who visits the Website can receive the Newsletter. Customers wishing to subscribe need to fill in the relevant form available on the Website. Once the form has been filled in, a confirmation e-mail is sent to the e-mail address provided and the parties enter into a contract by way of which the Newsletter is sent electronically.
- The User may unsubscribe at any time by clicking on the link included in every Newsletter e-mail.
1. Data Protection
- In order to protect our Users’ privacy Fryderyk Danielczyk STORE, being the Website’s administrator, safeguards and protects them against access by unauthorised parties.
- Fryderyk Danielczyk STORE constantly controls the processing of the data and restricts access to it as much as possible. Personal data is processed by Fryderyk Danielczyk STORE for the purpose of operating the website in accordance with Article 23 Paragraph 1 Point 1,3, and 5 of the Polish Personal Data Protection Act dated 29th August 1997.
- Data sharing is optional. The User has the right to access and modify their data.
- The personal details provided by the User during registration and placing orders are solely used for the purpose of sales audit, making contact with the User regarding order matters and processing the order.
- Personal data might be shared with agencies authorised to obtain it in keeping with the provisions of the law and, in the case of failing to pay for the order, organisations which are involved in proceedings relating to recovery.
- Fryderyk Danielczyk STORE allows the User to remove personal data from the database. To remove the data a relevant statement should be e-mailed or posted to Fryderyk Danielczyk STORE. The STORE might refuse to remove the data, if the User owes money or has breached the Terms and Conditions or the law and keeping the data is crucial to resolve the matter and establishing the Users responsibility.
- Cookies are used to verify the logged on User, displaying a personalised content of the Website, for statistical purposes and for the purposes of publishing on social media such as Facebook (the Like button and publishing the content) and Pinterest (the Pin button and publishing the content).
- Cookie preferences can be changed in the browser setting (Chrome, Firefox, Internet Explorer, Opera, and Safari).
- Deleting or blocking cookies from your browser may result in the Website not working properly or restricting access to different Website functions.
10. FINAL REMARKS
- Deleting your User Account.
- The User has the right to delete the User Account from the Website by clicking My Account->Account Details->Delete Account.
- Fryderyk Danielczyk STORE reserves the right to delete the User Account, if the User breaches the Terms and Conditions or disrupts the operation of the Website in any way.
- The User Account is deleted at the User’s request when the relevant box is unticked in the account.
- If the User Account has been deleted by Fryderyk Danielczyk STORE, the User cannot re-register on the Website without Fryderyk Danielczyk STORE’s consent. Should the User re-register without the STORE’s consent, the new account will be deleted.
- Prohibited actions
- Under the Polish Copyright and Related Rights act dated 4th February 1994 (The Polish Official Journal No. 24, item 83) the use of any content or files published on the Website without Fryderyk Danielczyk STORE’s consent or the consent of persons who are entitled to use them is prohibited.
- Under the Unfair Competition Act dated 16th April 1993 (The Polish Official Journal No. 47, item 211 with later amendments) the use of URL addresses which are similar in spelling or pronunciation to the words Fryderyk Danielczyk STORE for the purposes of competition, especially if it is done to mislead the customers, is prohibited.
- Breaching provisions 10.3.1 – 10.3.3 of the Terms and Conditions will result in legal action against persons, companies and institutions who have committed the prohibited actions.
3. Change of Terms and Conditions
- These Terms and Conditions are effective from the date of them being published on the Website and replace any previous Terms and Conditions.
- These Terms and Conditions can be printed off, saved to a data carrier or downloaded from the Website at any time.
- The Terms and Conditions may change. Each User will be notified of any changes by Fryderyk Danielczyk STORE publishing a relevant message on the Website and keeping it displayed on the main page for at least 7 calendar days. Any User who has a User Account will be notified of the change of Terms and Conditions by e-mail.
- The notification described above will be issued no later than 7 calendar days before the changes are introduced. Any User who does not accept the new Terms and Conditions is obliged to notify Fryderyk Danielczyk STORE within 7 days from the change notification. Should the User not accept the changes, their User Account will be deleted as per point 10.2.
- Should a conflict arise relating to the service agreement, both parties will seek to resolve the matter amicably. Polish law constitutes the basis for the resolution of any conflict relating to the Terms and Conditions.
- These Terms and Conditions are effective from 27th March 2017.