§1 General provisions
1. The online shop operating at: www.fondu.store (hereinafter referred to as the Shop) is owned by the company FONDU SP. Z O.O., ul. ZAKŁADOWA 5C; 62-510 KONIN, NIP (Taxpayer Identification Number) 8883141096, REGON (National Business Registry Number) 38348481, KRS (National Court Register Number) 0000788624, entered into the register of entrepreneurs maintained by the District Court in Toruń – VII Commercial Division of the National Court Register.
Email: [email protected]
tel. +48 787 026 655,
banking account: PLN 59 1140 2004 0000 3402 7897 4403 (mBank)
2. These Terms and Conditions set out the terms of using the Shop and especially the rights and obligations of the Seller and the Client, the terms of placing orders and entering into and dissolving purchase-sales agreements regarding products offered by the Seller through the Shop, as well as the terms of performing those agreements and the terms of the complaints procedure and protection of personal data. These Terms and Conditions also set out the terms of providing services by electronic means.
3. Clients can access these Terms and Conditions free of charge at any time on the Shop’s website, including downloading and archiving the content of the Terms and Conditions as a digital file or printout.
4. Clients can contact the Seller via email, as well as by phone and in writing (contact details as per § 1 section 1 of the Terms and Conditions), while orders are made by Clients through the order form, in accordance with the procedure laid down in § 3 of these Terms and Conditions.
5. Any notices, advertisements, price lists, and other information published on the Shop’s website, related to the products presented there, do not constitute an offer as defined in the Civil Code, but an invitation to enter into an agreement as defined by Art. 71 of the Civil Code.
6. These Terms and Conditions are directed at both consumers and entrepreneurs using the Shop, with the exception of § 7 and § 8 of the Terms and Conditions which are directed exclusively at Clients who are consumers, and with the exception of those provisions of the Terms and Conditions which explicitly refer to consumers.
§ 2 Services provided by electronic means
1. By electronic means, the Seller provides services consisting in enabling Clients to create a user account on the Shop’s website and making the order form available to Clients on the Shop’s website. Additionally, the Seller may provide the Newsletter service for Clients who are willing to receive it.
2. The user account service is an option of remembering the Client’s data by the shop in order to facilitate the process of placing another order. To this end, the Client should provide a username and password indispensable for getting access to their account. The username and password are a sequence determined by the Client, who is obliged to keep them secret, and protect them from unauthorised access by third parties. The user account service is provided free of charge for an unspecified period of time. At any time, without giving a reason and without being charged with any costs, the Client can delete their user account by sending the Seller a request for deletion of the account in writing or via email, using the contact details specified in § 1 section 1 of the Terms and Conditions.
3. The order form service consists in enabling Clients to place orders (declarations of will) for products offered by the Seller through the Shop’s website, in accordance with the procedure laid down in § 3 of the Terms and Conditions. The service is provided free of charge and has a one-off character. The service is terminated directly after the order is placed.
4. The Newsletter service consists in sending an informational bulletin about news and special offers in the Shop via email to Clients who previously consented to it. The Newsletter service is provided free of charge and for an unspecified period of time. At any time, without giving a reason and without being charged with any costs, the Client can withdraw their consent to receiving the Newsletter by clicking the link included in a received email, or by sending to the Seller an appropriate request in writing or via email, using the contact details specified in § 1 section 1 of the Terms and Conditions.
6. Clients are obliged to use the Shop in a way that is legal and in accordance with good practices, taking into consideration the respect of personal rights and copyrights as well as intellectual property of the Shop and third parties. Clients should especially refrain from providing content that is unlawful and from interfering with the content of the Shop or its technical elements.
7. Complaints regarding services provided by electronic means can be made in writing or via email, using the contact details specified in § 1 section 1 of the Terms and Conditions. As far as possible, the Client is recommended to provide the following information in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, especially the type and date of the occurrence of the anomaly; (2) the request of the Client; and (3) the contact details of the Client who makes the complaint. Complaints will be considered by the Seller within 14 calendar days from the time they are made.
§ 3 Procedure of entering into a purchase-sale agreement
1. In order to make a purchase, the Client should place an order through the Shop’s website ”www.fondu.store”. Placing an order is to be understood as selecting the type and quantity of products, clicking the “Add to shopping bag” button, accessing the shopping bag and filling in the order form with data, selecting a payment option and a delivery option, then confirming and sending the order by clicking the “Buy and pay” button. The Seller informs that orders placed through the Shop entail the obligation to make the payment. Placing an order by the Client of the Shop constitutes an offer of entering into an agreement of sale of the products that are the subject of the order as defined by Art. 66 § 1 of the Civil Code.
2. Reading and accepting the Terms and Conditions by the Client are a necessary element of an order, which should be done by the Client by checking the relevant box before finalising the order. Not accepting these Terms and Conditions during the procedure of placing an order renders acquiring goods via the Shop impossible, and requires settling the terms of transaction in another form.
3. Following the placement of an order by the Client, the Seller immediately confirms the reception of the order by sending the Client a message confirming the reception of the order to the email address provided by the Client. The moment the Client receives the confirmation of the acceptance of the order, a purchase-sale agreement is entered into between the Client and the Seller. This type of email message is also the confirmation of entering into a remote agreement.
§ 4 Prices and payment
1. The prices of products displayed on the Shop’s websites are gross prices (i.e. they include all components, such as duties and taxes, including VAT) and are presented in Polish złoty (PLN). The price at the moment of placing the order by the Client is the binding and final price.
2. The payment for the ordered products can be made in the following ways:
a) by making a transfer to the banking account of the Seller – account number: PLN 59 1140 2004 0000 3402 7897 4403 (mBank) within 7 calendar days from the day of entering into the agreement;
b) by making a bank transfer through the PayU payment system.
3. Online payments are operated by the company PayU S.A. with its registered office in Poznań (60-166), at ul. Grunwaldzka 186.
4. Cash register receipts or VAT invoices are issued for all products ordered in the Shop.
5. A payment is considered to be made upon confirming the payment by the operator or the Seller’s bank account being credited. After making the payment, the Seller immediately accepts the Order to be executed, sending a confirmation to the email address provided by the Client.
§ 5 Delivery
1. Products ordered by the Client are delivered to the address provided in the order form through a courier company. Personal collection of the product by the Client is also possible at the address: ul. ZAKŁADOWA 5C; 62-510 KONIN. The delivery option is selected by the Client at the stage of filling in the order form.
2. The delivery of the product to the Client is free, unless otherwise provided in the sales agreement.
3. After receiving the delivery, the Client should, as far as possible, check the condition of the parcel in the presence of the courier. In the case of finding any damages of the parcel occurring during transport, it is recommended to, as far as possible, refuse the acceptance of the delivery by the Client or draw up a protocol specifying the condition of the parcel and the circumstances of the occurrence of the damage in the presence of the courier, which will significantly simplify potential complaint proceedings.
4. The order execution period is 6 to 9 weeks, unless a shorter period is provided in the description of a given product or in the process of placing the order. In the case of simultaneously ordering several products with different delivery times, the longest of the provided times will be the time of the joint delivery. The commencement of the order execution process is the day of the Seller’s bank account or settlement account being credited.
§ 6 Complaint handling procedure
1. The Shop is obliged to deliver the sold items without physical or legal defects (warranty) to Clients. In the case of defectiveness of the purchased products, Clients have the rights provided for in the Act of 23 April 1964 – Civil Code (Journal of Laws of 2014, item 121 as amended), especially in the part regarding warranty (Art. 556 et seq.).
2. Complaints are submitted to the address of the Shop’s office referred to § 1 section 1 of the Terms and Conditions. The complaints should include the Client’s data, information about the type of defects and the date of their identification, the Client’s request, and in case of doubts also some kind of confirmation of making the purchase of the product which is subject to the complaint in the Shop. The above content of a complaint takes the form of a recommendation and complaints with different content will also be considered by the Seller.
3. If the complaint review proves to necessitate familiarising oneself with the sold item by the Seller, the Client who exercises their rights under warranty will be obliged to deliver the item at the Seller’s expense to the address of the Seller’s office referred to in § 1 section 1 of the Terms and Conditions. If, because of the type of the item or the manner of its installation, the delivery of the item by the Client is excessively difficult, the Client is obliged to make the item accessible to the Seller in the place where the item is.
4. The Shop will address the Client’s complaint within 14 calendar days.
§ 7 Right to withdrawal from the agreement
1. Under Art. 27 of the Act of 30 May 2014 on the rights of the consumer (Journal of Laws of 2014, item 827), the Client, who is a consumer, who entered into a remote agreement through the Shop, can withdraw from it within 50 days without providing a reason and without being charged with any costs, except for the costs specified in § 7 section 4, 5, and 8 of the Terms and Conditions. The instructions about the right to withdraw, especially including information about the manner and time limit of executing the right to withdraw from the agreement and about the costs of returning the items borne by the Client in the case of withdrawing from the agreement, constitutes Annex 1 to the Terms and Conditions. The Seller extends the time for returning the product without providing a reason to 50 days from the time of receiving the product by the Client.
2. In order to exercise the right to withdraw from the agreement, it is necessary to inform the Seller about the decision to withdraw from this agreement by making an unequivocal statement (e.g. a document sent by post, fax, or email). You can use the model withdrawal form attached as Annex 1 to the Terms and Conditions. In order to meet the deadline for withdrawing from the agreement, you only need to send the information about exercising your right to withdraw from the agreement before the deadline for withdrawing from the agreement elapses.
3. If the Client selected a delivery option other than the cheapest regular delivery option offered by the Seller, the Seller is not obliged to refund the additional costs borne by such Client.
4. In the case of withdrawing from the agreement, the Client is charged with the direct costs of the return of the items. The Client should secure the products that are being sent back in such a way as to minimise the risk of them getting damaged during transport.
5. The Client is responsible for the decrease of the value of the item as a result of using it in a way that goes beyond what is necessary to ascertain the character, features, and functioning of the item.
6. In the case of executing orders for furniture with customised dimensions, colours, or material, the Client waives the right to return the product. Such products are made to order for the individual client, as a result of which it cannot be sold again.
§ 8 Protection of personal data
2. The provision of personal data by the Client is voluntary. The Client has the right to view their personal data, as well as the right to demand supplementation, updating, and rectification of personal data, temporary or permanent suspension of its processing, or its deletion.
3. The Seller referred to in § 1 section 1 of the Terms and Conditions is the administrator of the personal data provided by the Clients.
4. For statistical purposes and in order to provide services of the highest quality possible, the Shop uses information saved by the server on the Client’s computer which are then read upon each web browser connection (so-called “cookies”). Software for browsing websites by default enables placing cookies on the terminal equipment. The Client can change the web browser settings at any time so that it will not accept such files or notify about their transfer.
§ 9 Final provisions
1. The Seller recognises all rights of the consumer provided for in the provisions of generally applicable law, and especially in the Act of 30 May 2014 about the rights of the consumer (Journal of Laws of 2014, item 827) and in the Civil Code. Therefore, the provisions of these Terms and Conditions do not aim to exclude or limit any rights of consumers. Any potential doubts are to be interpreted for the benefit of the consumers using the Shop. The provisions of the Terms and Conditions that are less beneficial for the consumer than the provisions of the above-mentioned acts are invalid and in their place the regulations provided for in those acts are to be applied.
2. Changes in these Terms and Conditions may be introduced for important reasons, especially in case of a necessity to adjust the Terms and Conditions to the law. In the case of entering into agreements that are continuous in nature on the basis of these Terms and Conditions, the altered Terms and Conditions are binding for the Client, if the requirements laid down in Art. 384 and 3841 of the Civil Code are preserved, i.e. the Client was properly informed about the changes and did not terminate the agreement within 14 days from the day of being notified. In the case of entering into agreements that are other than continuous in nature, changes in the Terms and Conditions will not in any way violate the rights of Clients acquired before the day of the changes taking effect.
3. Annexes to the Terms and Conditions, forming an integral part thereof, are:
a) model statment of withdrawal from the agreement.