Polski
Deutsch
Čeština
Русский
Terms and Conditions
Documents
TERMS AND CONDITIONS OF THE ONLINE STORE
SECTION 1. GENERAL PROVISIONS AND DEFINITIONS
1. These Terms and Conditions define the terms of provision of electronic services, including the use of the Store, as well as the rights, obligations and responsibilities of the Seller and the Customer. These Terms and Conditions also contain information that the Seller is obliged to provide to the Consumer in accordance with the applicable legislation, including the Act of 30 May 2014 on consumer rights (Dz. U. [Journal of Laws] of 2017, item 683 as amended).
2. Every Customer should familiarise themselves with these Terms and Conditions.
3. The Terms and Conditions are available on the Store's website and are made available free of charge prior to conclusion of the contract. On Customer’s request, these Terms and Conditions are also made available in a manner that makes it possible to obtain, reproduce and record their content by means of the ICT system used by the Customer (for example via e-mail).
4. Key definitions:
1) Terms and Conditions: Terms and Conditions of the Online Store;
2) Seller or Service Provider: PEFRANO SP. Z O.O.
Al. 1000-lecia 2, 32-300 Olkusz, entered in the National Court Register
District Court for Krakow-Śródmieście District in Krakow, 12th Commercial Division of the National Court Register, NIP: 6372211311, REGON: 386951360, KRS no. 0000858590;
The name of the authority keeping the registry in which the company is entered – MINISTER OF ENTREPRENEURSHIP AND TECHNOLOGY.
3) Customer: a natural person over 18 years of age with full legal capacity, a legal person and an organisational unit without legal personality, who is able to acquire rights and incur obligations in its own name, who enters into a legal relationship with the Seller concerning the services offered by the Store. The Client is tantamount to the Consumer, there are no separate provisions for the Consumer concerning a given area.
4) Consumer: A Customer who is a natural person entering into a legal transaction (purchase) with the Seller, not directly related to their business or professional activity;
5) Electronic Service — a service within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Dz.U. [Journal of Laws] of 2016, item 1030 as amended), provided electronically by the Service Provider to the Customer via the Website;
6) Store, Online Store or Website: Electronic service in the form of an Online Store, operated by the Seller at the web address www.francescopetroni.pl
7) Account – an Electronic Service distinguished with a personalised name (login) and password given by the Customer, a set of resources in the Service Provider's ICT system, which stores data provided by the Customer and information about actions in the Store;
8) Goods or Product — goods sold in the Store, offered by the Seller;
9) Contract – a remote agreement for purchase of Goods, concluded as a result of placing an Order by the Customer in the Store and its acceptance by the Seller;
10) Form – a script constituting means of electronic communication, which enables placing an Order in
the Store;
11) Order – an instruction to purchase Goods placed by the Customer by means of technical communication;
12) Newsletter – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which enables all Customers who sign up to automatically receive regular messages (newsletters) from the Service Provider, with information about the Website, including news or deals in the Store.
SECTION 2. BASIC AND TECHNICAL INFORMATION
1. Seller's contact details: Al. 1000-lecia 2, 32-300 Olkusz, e-mail address: [email protected], phone number: +48 500 763 640.
2. The Seller offers the following types of electronic services:
1) Online Store operating via a website, allowing the Customer to remotely conclude a purchase contract; the parties are informed about the sale by an automatically generated e-mail message, and the execution of the contract (in particular the delivery of Goods) takes place offline;
2) Newsletter, which entails electronic messages containing information about the Website sent by the Seller to the Customer's electronic mail address, including news and deals available in the Store; the Seller provides services electronically in accordance with these Terms and Conditions.
3. A technical prerequisite for using the Store is that the Customer has a computer or another device that enables browsing the Internet, as well as appropriate software (including Internet browser), Internet access, as well as an active e-mail account.
4. It is forbidden for the Customer to provide unlawful or otherwise illegal content.
5. The use of the Store may involve hazards typical of Internet use, such as spam, viruses, as well as exposure to hacking attacks. The Seller takes actions to counteract these risks. The Seller indicates that the public nature of the Internet and the use of electronic services may be associated with the risk of obtaining or modifying customer data by unauthorized third parties, which is why the Customers should use appropriate technical measures to minimise the above-mentioned risks, including using anti-virus and identity protection software.
6. The conclusion of a contract for the provision of services via electronic means shall take place through the Store via the Internet. The Customer may terminate the use of electronic services at any time by leaving the Store or by deleting their Customer account. In this case, the contract for the provision of services via electronic means shall automatically terminate without the need for additional statements by the parties. 7. It is not possible to use the Store anonymously or using a pseudonym.
SECTION 3. PERSONAL DATA
1. The Seller processes personal data provided by Customers in accordance with applicable laws, in particular:
1) The Seller shall exercise due diligence to protect the interests of data subjects, including ensuring that the data are:
(a) processed lawfully,
(b) collected for specified, legitimate purposes and not processed further in any ways that are incompatible with those purposes;
(c) factually correct and adequate in relation to the purposes for which they are processed,
(d) held in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing.
2) The Seller shall use appropriate technical and organisational measures to ensure the protection of the personal data processed, appropriate to the risks and categories of protected data.
2. The basis for the processing of personal data is the consent of the Customers themselves, or the statutory authorisation for processing of personal data, which stems from the Personal Data Protection Act of 29 August 1997 (Dz. U. [Journal of Laws] of 2016, item 922 as amended) and the Act of 18 July 2002 on the provision of electronic services (Dz. U. [Journal of Laws] of 2016, item 1030 as amended).
3. The Customers have the right to control data processing, including supplementing, updating, correcting, and deleting them in accordance with the principles arising from the aforementioned regulations. 4. The Seller ensures that Customers’ personal data will not be made available to any unauthorized third parties. Customers' personal data may be provided to entities entitled to receive them under applicable laws, including competent authorities. 5. The Customers' personal data may be entrusted to third parties for the purposes of the execution of the contract concluded with the Customer. The Seller indicates that it has entrusted the processing of personal data to the following entities: […].
SECTION 4. ADDITIONAL INFORMATION
§ 1 Account.
1. Registering an account on the Store's website is free of charge and requires the following actions: The Customer should fill in the registration form, providing certain required details and declarations concerning the acceptance of these Terms and Conditions, processing of personal data, and provision of commercial information. A link enabling account verification will be sent to the Customer's e-mail address provided by the Customer in the account registration process. Logging into the account requires entering the Customer's e-mail address and the password set by the Customer. The password is confidential and should not be shared with third parties.
2. An Account allows the Customer to enter or modify data, place and check Orders, as well as view their Order history.
3. The Account electronic service is provided free of charge for an indefinite period of time.
4. The Customer can remove their account with the Store at any time by sending an appropriate request to the Seller via e-mail to [email protected] or via letter sent to the Seller's address: PEFRANO SP. Z O.O. Al. 1000-lecia 2, 32-300 Olkusz.
§ 2. Newsletter
1. The Newsletter service is aimed at providing the Customer with the requested information.
2. Using the Newsletter does not require registration of an account by the Customer, but it does require providing an e-mail address and making declarations concerning acceptance of these Terms and Conditions, rules of processing of personal data, as well as rules concerning the provision of commercial information.
3. A confirmation link for the Newsletter subscription will be sent to the Customer's e-mail address.
4. The Newsletter service is provided free of charge for an indefinite period of time.
5. The Customer can resign from their subscription to the Newsletter at any time by sending an appropriate request to the Seller via e-mail to [email protected] or via letter sent to the Seller's address: PEFRANO SP. Z O.O. Al. 1000-lecia 2, 32-300 Olkusz.
§ 3. Discount
1. The Seller may grant discounts to Customers on terms and conditions determined by the Seller.
2. The discount is valid for both Customers who have an Account with the Seller's store and unregistered Customers.
3. The discount is provided for a one-time use – it can only be used once per purchase in the Store and cannot be combined with other discounts.
4. An incorrectly obtained discount may be revoked. Should it occur, the Seller will inform the Customer via e-mail, phone call or text message.
5. Taking advantage of the discount is voluntary.
6. The discount is granted by making the discount code available to the Customer. In order to use the discount, the Customer enters the specified alphanumeric string in the "Add Coupon" field on the Basket page. Entering the code as described above will activate the percentage discount and apply it to the Products in the basket.
7. Discounts do not add up. This means that only one discount can be used per a given Order.
SECTION 5. SALES
§ 1. Goods
1. All Products offered in the Store are new and are sold without defects.
2. A detailed description of the Goods can be found on the Store’s website.
3. The Goods may be covered by a warranty or after-sales services. Detailed information concerning this is provided in the description of the Goods.
§ 2. Orders and their execution
1. An order may be placed by filling in a Form, which is available in the Store.
2. Orders can be placed after registering an account on the Store's website or without registering an account on the Store's website (purchase as a guest).
3. The Customer is obliged to carefully fill in the Form, providing factual data and to specify the chosen payment and delivery method.
4. The Customer provides relevant data in the form and makes declarations concerning the acceptance of these Terms and Conditions, processing of personal data, and provision of commercial information.
5. The orders can be placed via the Store 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays and bank holidays are processed on the next business day.
6. The Order is confirmed by the Customer by selecting the button (field) labelled “Order and Pay”. The Seller will send a confirmation of the Order to the Customer at the e-mail address specified by the Customer.
7. The order processing time (until the Goods are dispatched) is 1 to 3 working days.
§ 3. Payments
1. All prices of Goods given in the Store are gross prices in Polish zloty (PLN) – including VAT. The price of the Goods does not include the costs referred to in item 2 below. The price of the Goods given at the moment of placing the Order by the Customer is binding for both parties.
2. The costs associated with the delivery of the Goods (including transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer's choice concerning the method of delivery of the Goods. Information on these costs is provided at the stage of placing the Order.
3. The Customer may choose the following forms of payment for the ordered Goods:
1) traditional wire transfer – payment before shipment of the Goods (pre-payment). After placing the Order, the Customer shall pay/ transfer the amount due to the Store's bank account. The Order shall be processed once the Customer's payment is credited to the Store's bank account;
2) BLIK payments, payment by card, electronic transfer through the imoje third-party payment operator run by ING Bank Śląski S.A. with registered office in Katowice.
3) payment upon collection of the Goods (cash or card payment) — the Customer pays the amount due directly upon collection of the Goods at the Seller's brick-and-mortar store. The completion of the Order takes place after its acceptance.
4) payment on delivery of the Goods (cash on delivery) - the Customer pays the amount due directly upon collecting the goods to the courier. The completion of the Order takes place after its acceptance.
4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer.
5. The customer is obliged to pay within 7 days from the date of conclusion of the sales contract. If the Customer fails
to make payment within that period, then - in accordance with Article 491 § 1 of the Civil Code (Dz. U. [Journal of Laws] of 2016, item 380 as amended) the Seller shall grant the Customer an additional deadline for payment, and after its expiry the Seller shall be entitled to withdraw from the contract. If the Customer declares that they are not going to fulfil their part of the contract, the Seller may withdraw from the contract without setting an additional deadline, including before the indicated date of conclusion.
§ 4. Delivery
1. The product is sent to the address provided by the Customer in the Form, unless the Parties agree otherwise.
2. The product is delivered either by courier service or by postal service, depending on the Customer's choice. Shipment via postal operator should be delivered within 6 working days from the date of dispatch of the Goods, and via courier company - within 1 to 4 working days from the date of dispatch of the Goods.
4. Together with the Goods, the Seller shall deliver to the Customer all the additional elements, as well as user and maintenance manuals and other documents required under generally applicable laws.
5. The Seller indicates that:
1) at the moment of handing over the Goods to the Customer or to the carrier, the benefits and burdens related to the Goods as well as the risk of accidental loss or damage to the Goods are transferred to the Customer. In case of sale on behalf of the Consumer, the risk of accidental loss or damage of Goods passes onto the Consumer at the moment of handing over the Goods to the Consumer. Delivery of the Goods shall be tantamount to handing over the Goods to the carrier by the Seller, if the Seller had no impact on the selection of the carrier by the Consumer.
2) Customer's acceptance of the shipment of Goods without any reservations results in termination of all claims concerning loss or damage in transit, unless:
(a) the damage was described in a report before the shipment was received;
(b) the above was omitted due to the fault of the carrier;
(c) the loss or damage was caused by the wilful misconduct or gross negligence of the carrier;
(d) damage that could not be seen on the outside was noticed by the Customer after the package was received and within 7 days they have demanded its status to be determined and proved that the damage occurred in the time between accepting the Goods for transport and their delivery.
§ 5. Additional information for the Consumer
1. The contract is not concluded for an indefinite period and will not be subject to automatic renewal.
2. The minimum duration of the Consumer's obligations under the Contract shall be the time of performance of the Contract, that is, making the payment and delivery of the Goods. 5.
3. Using the Store by the Consumer does not require paying a deposit or providing other financial guarantees.
4. The Seller does not apply the Code of Good Practice referred to in Article 2, item 5 of the Act of 23 August 2007
on counteracting unfair market practices (Dz. U. [Journal of Laws] of 2016, item 3 as amended).
SECTION 6. LIABILITY
1. Liability under warranty is excluded in legal relationships with Customers. 2. The Seller shall be liable to the Consumer if the Goods have a physical or legal defect (implied warranty) based on the principles set out in the provisions of the Civil Code (Dz. U. [Journal of Laws] of 2016, item 380 as amended) and in the Act of 30 May 2014 on Consumer Rights (Dz. U. [Journal of Laws] of 2017, item 683 as amended), including the following:
1) a physical defect in the form of a non-compliance of the Goods with the contract. In particular, the Goods are non-compliant with the contract if:
a) The Goods do not have the properties which an item of a given kind should have, taking into account the purpose specified in the contract or resulting from the circumstances or intended use;
b) The Goods do not have properties, the existence of which the Seller assured the Customer;
c) The Goods are not fit for the purpose, which the Consumer informed the Seller about when concluding the contract, and the Seller did not make any reservations as to such purpose;
d) Goods have been delivered to the Consumer in an incomplete state.
2) the Goods are burdened with legal defects if the Goods constitute the property of a third party or if they are encumbered with the right of a third party, as well as if the limitation in the use or disposal of the Goods results from the decision or ruling of a competent authority; in case of sale of the right, the Seller shall also be responsible for the existence of the right;
3) The Seller shall be held liable under the implied warranty for physical defects that existed at the time when the risk passed to the Consumer or arose due to the problem with the Goods at the same time;
4) The Seller shall be released from liability under the warranty if the Consumer knew about the defect at the time of the conclusion of the contract;
5) If a physical defect was found before a year has passed from the date of the delivery of the Goods, it is presumed that the defect or its cause existed at the time when the risk was passed onto the Consumer;
6) The Seller shall be held liable under the warranty if a physical defect is found before two years have passed from the date of delivery of the Goods to the Consumer, and if the Goods purchased by the Consumer is a used movable item, the Seller shall be liable under the warranty if a physical defect is found before one year has passed from the date of delivery of the Goods;
7) The Consumer's rights under the warranty include:
a) demand to discount the price of the Goods or withdraw from the contract, unless the Seller replaces the defective Goods with Goods that are free from defects or remove the defect immediately and without excessive inconvenience for the Consumer;
b) Instead of removing defects as proposed by the Seller, the Customer may demand replacing the Goods with goods free from defects or instead of replacing the goods demand removing the defect, unless bringing the goods into conformity with the contract in a way chosen by the Consumer is impossible or would require excessive costs compared to the solution proposed by the Seller. The assessment of excessive costs should take into account the value of the goods that are free from defects, the type and importance of the defect found, as well as the inconvenience caused to the Consumer by the other way of resolving the issue;
8) A consumer who exercises their warranty rights is obliged to deliver the defective item to the place specified in the contract, and if such a place has not been specified in the contract – to the place where the item was given to them. The cost is borne by the Seller.
SECTION 7. COMPLAINT HANDLING PROCEDURE
1. Complaints should be addressed to the Seller in writing and sent to: PEFRANO SP. Z O.O. Al. 1000-lecia 2, 32-300 Olkusz. The Seller may also be notified of the submission of the notice by e-mail to: [email protected]
2. If it is found that the parcel with the Goods is damaged or incomplete, the Customer should immediately (no later than within 7 days of receipt of the parcel) file a complaint with the Seller. This action will enable pursuing a claim against the carrier.
3. The complaint should include a detailed description of the problem and the Customer's request, and if possible also photographic documentation.
4. The Seller undertakes to examine the complaint within 30 days. If the Seller does not respond to the Consumer's complaint within 14 days, the complaint is deemed valid. 5. If the complaint is deemed valid, the Seller will take appropriate action.
6. There is a possibility to use non-judicial procedures of dealing with complaints and claims in legal relations with Consumers, including: 1) the possibility to resolve disputes electronically via the ODR platform (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;
2) the possibility to carry out arbitration proceedings before a common court or arbitration court or other authorities;
3) the possibility to carry out mediation proceedings with the participation of an independent mediator.
SECTION 8. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract by the Seller or the Customer may take place under the rules set out in the Civil Code (Dz. U. [Journal of Laws] of 2016, item 380 as amended).
2. The Consumer has the right to withdraw from the Contract within 14 days from the date of receipt of the Goods.
3. Information on withdrawal from the Contract by the Consumer is contained in the instruction on the right of withdrawal, which is available one the Store’s website.
4. The right of withdrawal does not apply to the Consumer in relation to certain contracts, namely:
1) contracts for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the fact that they will lose the right to withdraw from the Contract upon performance of the services in question;
2) contracts in 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 expiry of the deadline for withdrawal from the Contract;
3) in which the Goods concern non-prefabricated items, manufactured to the Consumer's specification or serving to meet their individual needs;
4) where the Goods are perishable or have a short shelf life;
5) where the Goods concern an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
6) in which the Goods concern items which – after delivery – are inseparably connected with other items due to their nature;
7) in which the Goods concern alcoholic beverages, the price of which has been agreed upon at the conclusion of the Contract, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control
8) in which the Consumer expressly requested that the Seller comes to them to carry out urgent repair or maintenance; if the Seller provides other services than those which the Consumer requested, or delivers items other than replacement parts necessary for carrying out repair or maintenance, the right of withdrawal shall be granted to the Consumer in relation to the additional services or items
9) in which the Goods concern sound or video recordings, as well as computer software supplied in sealed packaging if the packaging has been opened after delivery;
10) contracts for the supply of newspapers, periodicals or magazines, with the exception for a subscription contract;
11) contracts concluded by means of a public auction;
12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
13) contracts for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the Consumer's express consent before the deadline for the withdrawal from the contract and after the Seller has informed them about the loss of the right to withdraw from the contract.
5. The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return all payments made by the Consumer in full, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not result in any additional costs borne by the Consumer.
6. If the Consumer has chosen a delivery method other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer the additional costs incurred by them.
7. The Consumer is obliged to return the Goods together with all equipment, including packaging insofar as it constitutes an essential element of the Goods. The Seller may withhold reimbursement of the cost until receipt of the Goods or until the Customer has produced the proof of return, whichever event occurs first.
8. The Consumer shall only bear the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear these costs.
9. The Consumer shall be liable for any damage to the value of the Goods resulting from the use of the Goods beyond the scope necessary to ascertain their nature, characteristics and functionality.
10. In the case of an effective withdrawal from the Contract, the Contract shall be considered not concluded.
SECTION 9. INTELLECTUAL PROPERTY
1. The rights to the Website and its content belong to the Seller.
2. The website address under which the Store is available, as well as the content of the www.francescopetroni.pl website are subject to copyright and are protected by copyright and intellectual property law.
3. All logos, proprietary names, graphic design, videos, texts, forms, scripts, source code, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from the www.francescopetroni.pl website without an express permission of the owner is prohibited.
SECTION 10. FINAL PROVISIONS
1. In matters not expressly regulated by these Terms and Conditions, relevant provisions of commonly applicable law shall apply in all legal relations with the Customers or Consumers.
2. All disputes shall be settled in the Republic of Poland.
3. The competent court for resolving disputes between the Seller and the Customer is the court with jurisdiction over the registered office of the defendant.
4. Any exceptions from these Terms and Conditions require a written form under pain of nullity.
INFORMATION ON THE RIGHT OF WITHDRAWAL
You have the right to withdraw from the contract within 14 days without citing any reason whatsoever. The deadline for withdrawal expires after 14 days from the day of receipt of the goods, or the day a third party other than the carrier and indicated by you received the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax or e-mail). Our contact information is listed below: PEFRANO SP. Z O.O. oddział Al. 1000-lecia 2 32-300 Olkusz e-mail: [email protected]
You may use the withdrawal form template; however, its use is not obligatory. In order to ensure the withdrawal period, it is sufficient that you send an information concerning your use of the right of withdrawal before the withdrawal deadline has lapsed. Effects of withdrawal: if you withdraw from this contract, we will reimburse all the payments received from you, including the delivery cost (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by our Store), without delay and no later than within 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed to use another method; in any event, you will not incur any fees in connection with this refund. We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first. Please send back or hand over the item to us without delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the item back before the 14-day period has expired. You will have to bear the direct cost of returning the goods. You shall only be liable for any damage to the value of the goods resulting from your use of the goods in a manner other than that which was necessary to establish the nature, characteristics and functionality of the goods in question.