TERMS AND CONDITIONS (REGULATIONS) APPLICABLE FROM 15.04.2016
§1. GENERAL PROVISIONS
1. The owner and administrator of the FEDERAL40 online store available at the Internet address www.federal40.com is the Federal 40 company with its registered office in Będzin at ul. Sierżanta G. Załogi 10/8, 42-500 Będzin, Poland, Tax Reg. No.: 6442920373, REGON Statistical ID No.: 241839180, entered into the Central Register and Information on the Economic Activity of the Republic of Poland.
2. In order to place an Order and create an Account in the FEDERAL40 Online Store, it is necessary to read and voluntarily accept these Regulations.
3. The Buyer has the right, before submitting the Order, to negotiate the provisions of the Agreement with the Seller. In the event of the Buyer's resignation from the possibility of concluding the Agreement by means of individual negotiations, the Regulations and generally applicable provisions of the Polish law shall apply.
4. The Regulations do not exclude or limit any rights of the Buyer, who as a Consumer is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting Consumers rights, priority is given to those mandatory provisions of law.
5. The language of the Regulations and the Agreement between the Seller and the Buyer is the Polish language.
1. REGULATIONS - these Regulations define the terms and conditions for making purchases in the FEDERAL40 online store run at the Internet address: www.federal40.com, in particular the rights and obligations of the Seller and Users (terms of the civil law agreement between the Seller and the Buyer). The Regulations are made available free of charge, in order to get acquainted with its content or its recording and printing before using the FEDERAL40 online store.
2. ONLINE STORE – the Online store available at www.federal40.com.
3. SELLER - Federal 40 company with its headquarters in Będzin at ul. Sierżanta G. Załogi 10/8, 42-500 Będzin, Poland, Tax Reg. No.: 6442920373, REGON Statistical ID: 241839180, entered into the Central Register and Information on the Economic Activity of the Republic of Poland.
4. BUYER - a natural person, a legal person and an organizational unit without legal personality, whom the law grants legal capacity, purchasing Goods via the Online Store.
5. CONSUMER - an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
6. USER - every entity using the Online Store.
7. ACCOUNT - an individual User's administration panel available after registering and logging in to the Online Store marked with a login (e-mail address) and password, used to conclude Agreements.
8. REGISTRATION - the process of creating an Account by the User in the Online Store.
9. LOGGING IN - the authentication and authorization process consisting in providing the User's identifier (e-mail address) and password in order to gain access to the Online Store Account.
10. ORDER - an offer submitted by the Buyer via the Online Store to conclude the Agreement.
11. AGREEMENT - an agreement concluded outside the business premises or remotely within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827) in the case of the Consumer, and a sales agreement within the meaning of art. 535 of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16 item 93, as amended) in the case of the Buyer.
12. GOODS - every item sold through the Online Store.
13. DEFECT - non-conformity of the sold Goods with the Agreement and / or the Seller's declarations, or a legal defect: art. 5563 of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16 item 93, as amended)
14. PROOF OF PURCHASE - invoice or receipt issued in accordance with the Act of 11 March 2004 on Value Added Tax ( Journal of Laws of 2004 No. 54 item 535, as amended) and other applicable laws.
§3. CONDITIONS OF SUBMITTING THE ORDER
1. The Online Store sells on the territory of the Republic of Poland.
2. Orders can be placed 7 days a week for 24 hours a day throughout the year.
3. In order to place an Order, the Buyer should perform at least the following activities, some of which may be repeated many times: a. adding the Goods to the basket; b. choosing the type of delivery; c. choosing the type of payment; d. entering the place of delivery of the Goods; e. placing Orders in the Online Store by using the "Confirm order" button.
4. Registration and setting up an Account is not a prerequisite for placing an Order in the Online Store. The User has the option to place an Order via the Online Store without prior Registration.
5. While making an Order, the Buyer is obliged to provide correct personal data: full name, home address, delivery address, e-mail address, telephone number and - in the case of the desire to register or login to the Account - a password. The Buyer has an unconditional obligation to provide complete, truthful and up-to-date data, i.e. in line with the actual state of affairs.
6. In addition to the data indicated in paragraph 5 above, the Buyer who is not a Consumer is obliged to provide additionally: the Buyer's company name and Tax Registration Number.
7. After the electronic communication about receiving the Order, the acceptance of the Order for execution will be confirmed by the Seller electronically in the form of the message: "Confirmation of the order". At the moment of confirmation of acceptance of the Order for execution by the Seller, the Agreement shall be deemed concluded.
8. The deadline for completing the Order is up to 7 days from the moment of confirmation of the Order by the Seller. In special cases, this period may be extended after prior contact by phone or email with the Buyer. In the event of the Seller's delay, the Buyer may set an additional deadline for delivering the item, and after its ineffective expiration, the Buyer may withdraw from the Agreement.
9. The Buyer agrees to issue and send, via email, an electronic image of accounting documents to the email address indicated by the Buyer, in particular: VAT invoices with attachments, corrective VAT invoices with attachments and forms.
10. If the Seller cannot perform the service due to the fact that the Goods are not available, immediately, the Seller shall notify the Buyer who will decide about the fate of the placed Order.
11. If the Seller cannot perform the service with properties individually ordered by the Buyer due to temporary inability to meet the requirements, the Seller may, with the consent of the Buyer, perform a substitute service, corresponding to the same quality and purpose and for the same price or fee or in a different manner agreed by the parties.
§4. GOODS AND PAYMENTS
1. The Seller is obliged and undertakes to provide services and deliver Goods free of Defects.
2. The prices of the Goods offered by the Seller are expressed in Polish zlotys and are gross prices (including VAT, etc.).
3. The prices displayed on the Online Store pages are binding (for the purposes of the conclusion of a specific Agreement), upon confirmation of the Order being processed by the Seller.
4. The Seller reserves the right to update the prices of the Goods displayed on the Online Store websites. The prices of Goods in the Order placed by the Buyer prior to the changes shall remain binding for the Buyer.
5. Proof of purchase is attached to each Agreement.
6. The Buyer chooses payment method when placing the Order.
7. The Buyer may pay for the Goods in the following manners:
a. prepayment to the account - bank transfer, credit card, debit card, PayPal. Account no. for payments: 84 1020 2498 0000 8202 0030 1648 (PKO BP) Recipient's data: Federal 40, ul. Sierż. G. Załogi 10/8, 42-500 Będzin.
b. cash on delivery - paid in cash on delivery to the courier.
8. Payments are processed by PayLane Sp. z o.o. with headquarters in Gdańsk at ul. Arkońska 6 / A3, post code: 80-387, KRS (National Court Register): 0000227278.
1. The Seller sends the goods within 1-7 working days from the moment of placing the Order and payment. In extreme situations of sudden increase in orders, the Seller reserves the right to extend the time of shipment to a dozen or so business days.
2. The Seller performs deliveries via Poczta Polska. The conditions of shipping the Goods offered by the carrier are presented on the website of the carrier.
3. The Seller recommends that before confirming the receipt of the parcel, the Buyer checks whether the packaging has been damaged. In the event when the packaging or its protection bear clear signs of damage, acceptance of the parcel should be refused and, in the presence of the postal worker, a damage report should be written and the Seller should be contacted without delay to clarify the matter. Failure to identify any irregularities in the quantitative or qualitative status of the parcel upon receipt may have a negative effect on the outcome of any claims for damage or theft during transport.
4. The cost of delivery in Poland is PLN 12 in the case of prepayment or PLN 14 in the case of payment on delivery. The cost of delivery to other countries is PLN 17 (only prepayment).
5. The Buyer is informed about the delivery costs when placing the Order.
6. The costs of delivery shall be borne by the Buyer, unless the Seller and the Buyer agreed otherwise.
7. The Online Store does not use any additional paid-by-default options.
§ 6. COMPLAINTS AND GUARANTEE
1. In the case of Agreements concluded with Buyers within the meaning of art. 221 of the Civil Code, the Seller is liable towards the Consumer under the warranty on the terms specified in art. 556 and subsequent articles of the Civil Code for physical or legal Defects.
2. The right to withdraw from the Agreement of sale or to exchange, repair, demand reduction of the price of Defective Goods or a refund are the basic rights of the Consumer who receives the Goods with a physical or legal Defect.
3. The Seller considers the complaint of the Buyer within 14 calendar days from the date of returning the Goods along with a description of the Defect. If the Seller does not respond to the claim at that time, it is assumed that the complaint was accepted.
4. Defective Goods together with the completed complaint form should be sent to: Federal 40, ul. Sierż. G. Załogi 10/8, 42-500 Będzin, Poland. Annex No. 1 is a complaint form template.
5. If the complaint is accepted, the Goods will be repaired or replaced with a new, full-value one. If it is not possible (eg due to the stock depletion), the Seller will return the equivalent of the price of the Goods. This limitation does not apply if the Goods have already been replaced or repaired by the Seller.
6. The Buyer may not withdraw from the Agreement if the Defect is irrelevant.
7. Goods sold by the Seller may be covered by a guarantee granted by a relevant producer or distributor. The content and conditions of the guarantee will be specified in the guarantee document issued by the manufacturer and attached to the sold Goods.
8. In the case of Agreements concluded with Buyers who are not Consumers within the meaning of art. 221 of the Civil Code, pursuant to art. 556-576 of the Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended), the Seller's liability under the warranty is excluded.
§ 7. WITHDRAWAL FROM THE AGREEMENT
1. Pursuant to the Act of 30 May 2014, the Consumer who concluded a Distance Agreement with the Seller has the right to withdraw from the Sales Agreement and return the Goods within 14 calendar days (counted from the day following the day of receipt of the last ordered Goods). The template of the declaration on withdrawal from the distance Agreement is contained in Annex No. 2.
2. The provisions of the Act of 30 May 2014 on Consumer's rights (Journal of Laws of 2014 item 827) do not apply to Agreements concluded remotely if the Consumer is obliged to pay an amount not exceeding PLN 50.
3. The Seller shall promptly confirm to the Consumer by e-mail (to the address provided at the conclusion of the Agreement and any other, if it has been provided in the submitted statement) receipt of a statement of withdrawal from the Agreement.
4. The Seller guarantees the return of the price of the Goods and the costs of delivery of the Goods to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement.
5. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of proof of his return, depending on which event occurs first.
6. The Seller will refund the payment to the bank account indicated by the Buyer or by postal order to the address indicated in the Order.
7. The Consumer is obliged to return the good to the Seller immediately, not later than within 14 calendar days from the day on which he withdraws from the Agreement.
8. The delivery costs of the returned Goods shall be borne by the Consumer.
9. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), unless the Seller and the Consumer agreed otherwise, the right to return does not include Agreements in which the subject of the provision is non-prefabricated Goods, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
10. In the event of withdrawal from the Agreement, it is considered void and the Consumer is released from any obligations. What the parties to the Agreement have rendered is returned unchanged, unless a change was necessary within the limits of ordinary management.
1. The Seller is the administrator of personal data obtained from the Buyer in the course of the ordering of Goods. The Buyer voluntarily provides his personal data to the extent required by the Seller.
2. The personal data obtained by the Seller during the ordering of Goods are processed solely for the purpose of implementing the Agreement concluded with the Buyer, in accordance with the principles set out in the Regulation of the European Parliament and the Council 2016/679 of 27 April 2016 on the protection of individuals in relation to processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (hereinafter referred to as "GDPR").
3. The personal data provided by the Buyer may be made available only to entities that support the procedure of sales and delivery of goods, i.e. the employees of the Seller, as well as courier companies and postal operators performing the delivery. Personal data provided during the ordering procedure for Goods are stored on leased servers from the hosting company.
4. The Buyer is entitled to the rights indicated in art. 15-22 of GDPR, i.e. the right to access data and obtain information about the manner of their processing, the right to rectify data, the right to delete data, the right to limit processing, the right to data transfer and the right to object.
5. The Seller realizes or refuses to exercise the rights indicated in the preceding paragraph on the principles indicated in the GDPR.
6. The Seller declares that he meets all the requirements regarding the processing of personal data, which are imposed on him by the provisions of the generally applicable law, including primarily the GDPR.
7. The Seller also declares that he makes every effort to achieve the highest standard of protection of personal data processed in his company.
§ 9. FINAL PROVISIONS
2. In matters not covered by these Regulations, the relevant provisions of applicable Polish law shall apply.
3. All logos, trademarks, product names, companies, etc. used on the Online Store's websites belong to their respective owners or entitled entities and are placed with the consent of these entities or for information purposes only.
4. Users can contact the Seller in the following ways:
a. via the contact form;
b. in writing to the following address: Federal 40, ul. Sierż. G. Załogi 10/8, 42-500 Będzin, Poland.
5. Regulations are available at the internet address: http://federal40.com/content/3-regulamin
6. The Regulations shall apply from April 15, 2016.
7. The Seller reserves the right to change the Regulations at any time and to any extent. Users will be notified of the scope of expected changes not later than 14 days before their effective date. No change to the Regulations is retroactive.
8. The Seller reserves the right to conduct marketing activities on the Online Store websites.
9. Any disputes arising from the application of the Regulations and arising in connection with the performance of Agreements between the Seller and Users will be settled by a court of material and territorial jurisdiction, in accordance with the relevant provisions of the Act of November 19, 1964 of the Code of Civil Procedure (Journal of Laws of 1964 No. 43 item 296 as amended).
§10. ANNEXES TO THE REGULATIONS
Annex No. 1. Complaint form template
Annex No. 2. Template of the statement on withdrawal from an agreement concluded remotely