Terms and conditions of the web shop
§ 1
Preliminary provisions
1. The web shop Folkrówka, available at the Internet address folkrowka.pl, is run by Barbara Danek who conducts business activity under the company BaMax, Barbara Danek, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the relevant ministry of economy, VAT number 6111016289, National Business Register [REGON] number 020761901.
2. These terms and conditions are intended for the Consumers and describe the rules and the procedure for the conclusion of a distance sales agreement between the Seller and the Consumer via the Webshop.
§ 2
Definitions
1. Consumer - a natural person entering an agreement with the Seller via the Webshop. The subject of the agreement is not directly connected to the business or professional activity of that natural person.
2. Seller - the natural person who conducts business activity under the company BaMax, Barbara Danek, entered into the Central Register and Information on Economic Activity (CEIDG) kept by the relevant ministry of economy, VAT number 6111016289, National Business Register [REGON] number 020761901.
3. Client - each entity making purchases at the Webshop.
4. Entrepreneur - a natural person, a legal person, and an organizational unit not having legal personality, to whom legal capacity is granted under an act, conducting business activity in its own name, which uses the Webshop.
5. Webshop- the online shop run by the Seller at the Internet address folkrowka.pl
6. Distance agreement - any agreement concluded with a Client under an organized scheme for conclusion of distance agreements (at the Webshop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.
7. Terms and Conditions - these terms and conditions of the Webshop.
8. Order - the Client's declaration of will submitted on an Order Form which directly leads to the conclusion of a Sales Agreement with the Seller for the purchase a Product or Products.
9. Account - customer's account in the Webshop where data provided by the Client is stored as well as the information about their Orders in the Webshop.
10. Registration form - a form available at the Webshop enabling the creation of an Account.
11. Order form - an interactive form available at the Webshop which enables the placing of an Order, especially through adding Products to the Shopping Cart, and the specification of the conditions of the Sales Agreement, including the delivery type and payment method.
12. Shopping Cart – an element of the Webshop's software in which the Products for purchase chosen by the Client are visible. There is also a possibility to provide and modify the Order data, especially the quantity of the products.
13. Product - a movable property/service available at the Webshop which is the subject of the Agreement between the Client and the Webshop.
14. Sales Agreement - a sales agreement for a Product which is to be concluded or have been concluded between the Client and the Seller via the Webshop. A Sales Agreement means also - regarding the characteristics of a Product - a service agreement and a specific work contract.
§ 3
Contact with the Webshop
- Address of the Seller:
- Sklep “Polski Folk”, CH Renoma, ul. Świdnicka 40, 50-024 Wrocław, Poland.
- Sklep “Polski Folk”, Port Lotniczy Wrocław, ul. Graniczna 190, 52-443 Wrocław, Poland.
- E-mail address of the Seller: polskifolk@gmail.com.
- Telephone number of the Seller: +48 668 044 007 and 71 724 58 87.
- The Client can contact the Seller by means of addresses and telephone numbers provided in this paragraph.
- The Client can contact the Seller by telephone from 10:00 am to 18:00 pm.
§ 4
Technical requirements
In order to use the Webshop, including browsing through the range of Products and placing orders for Products, it is necessary to have:
a. Terminal equipment with Internet connection and an Internet browser;
b. Active electronic mail account (e-mail);
c. Browser configured to enable cookies.
§ 5
General information
1. The Seller, to the fullest extent permitted by law, is not liable for disturbances, including interruptions in the functioning of the Webshop, caused by force majeure, unauthorized acts by third parties or incompatibility of the Webshop with the technical infrastructure of the Client.
2. Browsing through the Product range of the Webshop does not require setting up an Account. Placing Orders by the Client for Products from the range of the Webshop is possible after setting up an Account in accordance with § 6 of the Terms and Conditions or through providing necessary personal and address data enabling Order realization without setting up an Account.
3. The prices at the Webshop are given in PLN and are gross prices (including VAT).
4. The final amount to be paid by the Client consists of the price of the Product and the delivery cost (including the cost of transport, delivery and postal services) of which the Client is informed at the website of the Webshop during the placing of the Order as well as at the moment of expressing the wish to be bound by the Sales Agreement.
5. In case of an Agreement comprising a subscription or services for an indefinite period, the final price is the total prices of all payments for the reference period.
6. When the nature of the subject of the Agreement, as can be assessed reasonably, does not allow for a prior calculation of the final price, information about the manner in which the price shall be calculated as well as about the costs of transport, delivery and postal services and other costs, shall be provided at the Webshop in the description of the Product.
§ 6
Setting up an Account at the Webshop
1. In order to set up an Account at the Webshop it is necessary to fill in the Registration Form. The following data needs to be provided: first name, surname, telephone number, e-mail address, postal address, postal code, city, country.
2. Setting up an Account at the Webshop is free of charge.
3. In order to log into the Account it is necessary to provide a login and a password established in the Registration Form.
4. The Client can at any time, without giving reasons and suffering any financial consequences, remove the Account through sending an appropriate request to the Seller, especially via electronic mail or in writing to the addresses provided in § 3.
§ 7
Rules for placing of Orders
In order to place an Order it is necessary to:
1. Log into the Webshop (optional);
2. Choose a Product being the subject of the Order and click the "Add to cart" button (or synonymous);
3. Log in or use the option to place the Order without registration;
4. In case of Order placement without registration: fill in the Order Form with the data of the recipient of the Order and the address to which the Product shall be delivered, choose the type of delivery, provide invoice data in case it is different from the recipient's data;
5. Click the "Order and pay" button (or synonymous) and confirm the Order;
6. Choose one of the available payment methods and pay for the Order in the period appropriate for the chosen payment method, subject to § 8 point 3.
§ 8
Offered delivery types and payment methods
- The Client can choose from the following delivery types or collect the ordered Product:
- Delivery by post;
- Personal collection at the address:
- Sklep “Polski Folk”, CH Renoma, ul. Świdnicka 40, 50-024 Wrocław, Poland.
- Sklep “Polski Folk”, Port Lotniczy Wrocław, ul. Graniczna 190, 52-443 Wrocław, Poland.
- The Client can choose from the following payment methods:
- Payment by bank transfer to the account of the Seller;
- Electronic payment;
- Payment by credit card.
- Detailed information about the delivery types and the accepted payment methods can be found at the website of the Webshop.
§ 9
Performance of the Sales Agreement
1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client has placed an Order via the Order Form at the Webshop in accordance with § 7 of the Terms and Conditions.
2. After the Order has been placed the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of the Order and its acceptance for processing takes place via an appropriate e-mail message sent by the Seller to the Client, which contains at least the statement that the Seller received the Order and that it is accepted for processing as well as the information that a Sales Agreement has been concluded. On receipt of the above mentioned message by the Client the Sales Agreement between the Client and the Seller is concluded.
3. In case the the Client chooses:
a. payment by bank transfer, electronic payment or payment by card, the Client is obliged to make the payment within 2 calendar days from the date of the Sales Agreement or the Order shall be cancelled.
4. If the Client chooses another delivery type than personal collection, the Product shall be send by the Seller within the deadline indicated in the Product description (subject to point 5 of this paragraph), in accordance with the type of delivery chosen by the Client during the placing of the Order.
5. In case of ordering Products with different delivery dates, the overall delivery date is the longest indicated delivery date.
6. The start of the delivery period for the Product to the Client is counted as follows: In case the Client chooses the bank transfer payment, electronic payment or payment by card: from the day the Seller's bank account has been credited.
7. The Consumer is obliged to check the parcel prior to signing the consignment note. The signing of the consignment note precludes the Client from seeking compensation for damage of the delivered goods.
8. In case the Client chooses to collect the Product personally, the Product shall be ready to be collected at the date indicated in the Product description. Additionally, the Client shall be notified by the Seller that the Product is ready to be collected via an appropriate e-mail message sent to the electronic mail address provided by the Client when placing the Order.
9. In case of ordering Products with different collection dates, the overall collection date is the longest indicated collection date.
10. We realize orders from all over the world.
11. The delivery of the Product to the Client is chargeable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including the costs of transport, delivery and postal services) are indicated at the Webshop site in the "Delivery costs" tab and during the placing of the Order, including the moment when the Client expresses his will to be bound by the Sales Agreement.
12. Personal collection of the Product by the Client is free of charge.
§ 10
Right to withdraw from the agreement
1. The Consumer has the right to withdraw from the Sales Agreement within 14 days without without giving reasons.
2. The start of the deadline specified in point 1 is the delivery of the Product to the Consumer or another person indicated by him other than the carrier.
3. In case of an Agreement which comprises a number of Products to be delivered separately, in batches, or parts, the deadline indicated in point 1 stars from the date of delivery of the last item, batch, or part.
4. The Consumer has the right to withdraw from the Agreement by submitting to the Seller a statement setting out his decision to withdraw from the Agreement. In order to meet the withdrawal deadline it is sufficient that the Consumer sends his statement before the deadline has expired.
5. The statement may be sent by post or e-mail to the e-mail address of the Seller or via the Seller's website. The contact data of the Seller has been specified in § 3. The statement can be submitted on a form a specimen of which is given in annex to the Act of 30 May 2014 on consumer's rights, although it is not mandatory.
6. In case the Consumer sends his statement by electronic means, the Seller shall immediately send to the Consumer to the e-mail address provided by him an acknowledgement of receipt of the withdrawal from the Agreement.
7. Effects of withdrawal from the Agreement:
a. In case of withdrawal from a Distance Agreement, the Agreement shall be considered not concluded.
b. In case of withdrawal from the Agreement, the Seller shall immediately, not later than within 14 days from the date of the receipt of the Consumer's statement about withdrawal from the Agreement, reimburse all payments made by the Consumer, including the costs of the delivery of the item, excluding additional costs resulting from the Consumer's choice of delivery type other than the cheapest type of delivery offered by the Seller.
c. The seller will refund the payment to the customer's bank account..
d. The Seller may refrain from reimbursing the payment until the Product is returned to him or until he receives proof that the Product has been sent back, whichever comes first.
e. The Consumer should send the Product back to the address of the Seller provided in these Terms and Conditions immediately, not later than 14 days from the day on which the Consumer notified the Seller about the withdrawal from the Agreement. The deadline shall be met if the Consumer sends the Product before the expiry of a 14-day period.
f. The Consumer bears the direct costs of the return of the Product, including the return costs in case the Product, by its nature, could not normally be returned by post.
g. The Consumer is responsible exclusively for the decrease in the value of the Product which results from handling of the Product other than what is necessary to establish the nature, characteristics and functioning of the Product.
9. In case, due to its nature, the Product cannot be normally returned by post, that information as well as the information about the return costs shall be provided in the Product description at the Webshop.
10. The right to withdraw from a distance agreement may not be exercised by the Consumer in case of an Agreement:
a. the subject of which is a nonprefabricated item manufactured according to the Consumer's specifications or to meet his individual needs;
b. the subject of which is an item delivered in a sealed packaging, which cannot be returned once the packaging has been opened due to health safety or hygiene concerns, if the packaging has been opened after delivery;
c. the subject of which is an item which is liable to deteriorate or expires rapidly;
d. to provide services, if the Seller has provided a complete service with the express consent of the Consumer who has been notified prior to the provision of the service that once it has been provided by the Seller the Consumer shall loose his right to withdrawal;
e. in which the price of remuneration depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
f. the subject of which are items which after delivery, by their nature, become inextricably connected to other items;
g. the subject of which are alcoholic beverages the price of which has been agreed upon at the conclusion of the sales agreement and the delivery of which can take place only after 30 days and the value of which depends on fluctuations in the financial market which cannot be controlled by the Seller;
h. the subject of which are sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery;
i. for the delivery of newspapers, periodicals and magazines, except for a subscription agreement;
j. for the delivery of digital content, which is not stored on a tangible medium, if the provision of the service has begun with the explicit approval of the Consumer within the withdrawal period and after he has been notified by the Seller about losing the right to withdraw from the Agreement.
§ 11
Complaints and Guarantee
Version for shops selling new products
1. The Agreement covers new Products.
2. In case of a defect of the Product purchased from the Seller, the Client has the right to make a complaint based on the Civil Code provisions on warranty.
3. The complaint should be made in writing or via electronic means to the Seller's addresses provided in these Terms and Conditions.
4. It is recommended to include in the complaint, among other things, a short description of the defect, the circumstances (including the date) of its occurrence, data of the Client making the complaint and his claim regarding the defective item.
5. The Seller shall immediately address the claim, not later than within 14 days, and in case this period expires, it is deemed that the Seller has accepted the Client's claim.
6. The items returned within the complaint procedure should be send to the address provided in § 3 of these Terms and Conditions.
7. In case a guarantee has been given for a Product, appropriate information as well as the content of the guarantee shall be included in the description of the Product at the Webshop.
§ 12
Out-of-court complaint and redress mechanisms
1. Detailed information regarding the possibility of the Consumer to use out-of-court complaint and redress mechanisms as well as the rules for accessing those mechanisms are available at the head offices and the websites of the district (municipal) consumer spokespersons, social organizations whose statutory areas of responsibilities include the protection of consumers, Voivodeship Trade Inspectorates and at the following websites of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following example possibilities to use out-of-court complaint and redress mechanisms:
a. The Consumer has the right to approach a permanent consumer arbitration court referred to in article 37 of the Act of 15 December 2000 on Trade Inspectorate (Journal of Laws from 2014, item 148 as amended) with a request to settle a dispute resulting from the Agreement concluded with the Seller.
b. The Consumer has the right to approach the Voivodeship Trade Inspectorate, in accordance with article 36 of the Act of 15 December 2000 on the Trade Inspectorate (Journal of Laws from 2014, item 148 as amended), with a request to start a mediation procedure regarding an amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer can receive free assistance regarding the settlement of the dispute between himself and the Seller, making use of free assistance of the district (municipal) consumer spokesperson or a social organization whose statutory areas of responsibilities include the protection of consumers (among others: Consumers' Association, Association of Polish Consumers).
§ 13
Personal data in the Web shop
1. The controller of the personal data of the Clients collected via the Webshop is the Seller.
2. Personal data of the Clients is collector by the collector via the Webshop in order to execute the Sales Agreement and if the Client consents - also for marketing purposes.
3. The recipients of the personal data of the Webshop's Clients can be:
a. In case of a Client who chooses for the delivery by post or courier, the Collector discloses the collected personal data of the Client to the chosen carrier or intermediary realizing deliveries for the Collector.
b. In case of a Client who chooses for electronic payment or payment by card, the Collector discloses the collected personal data of the Client to the chosen entity handling the above mentioned payment methods at the Webshop.
4. The Client has the right to access the content of his own data and rectify it.
5. Providing personal data is voluntary, however not providing the personal data indicated in the Terms and Conditions which is necessary for the conclusion of the Sales Agreement shall result in the lack of possibility to conclude that Agreement.
§ 14
Final provisions
1. The agreements concluded via the Webshop are concluded in Polish.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e. changes in law provisions, changes in the payment methods and delivery types, to the extent in which those changes influence the realization of these Terms and Conditions. The Seller shall inform the Client about any such change at least 7 days in advance.
3. The matters not covered by these Terms and Conditions are governed by the generally applicable regulations of the Polish law, especially of: the Civil Code; Act on provision of services by electronic means; Act on consumer's rights; Act on personal data protection.
4. The Client has the right to make use of out-of-court complaint and redress mechanisms. To that end the Client can submit a complaint via an EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.