§ 1
Introductory provisions
(1) FORTINI Internet Store, available at the Internet address www.fortini.pl, is run by Miroslawa Fortini conducting business under the name Fortini Art Miroslawa Fortini, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, NIP 7961029244, REGON 140446799.
(2) These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and sets out the rules for the use of the Online Store and the principles and procedures for concluding Distance Sales Agreements with the Customer through the Store.
§ 2
Definitions
1.Consumer
– natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to its business or professional activity.
2.Seller
– natural person conducting business under the name Fortini Art Mirosława Fortini, registered in the Central Register of Business Activity and Information (CEIDG) maintained by the Minister of Economy, NIP 7961029244, REGON 140446799.
3. Customer
– any entity making purchases through the Store.
4. Entrepreneur
– a natural person, a legal person and an organizational unit that is not a legal person but to which a separate law grants legal capacity, performing in its own name a business, which uses the Store.
5. Store
– online store operated by the Seller at the Internet address www.fortini.pl
6. Contract concluded at a distance
– an agreement concluded with the Customer within an organized system of concluding contracts at a distance (within the Store), 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 conclusion of the contract.
7. Regulations
– these regulations of the Store.
8. Order
– Customer’s declaration of intent made via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
9. Account
– Customer’s account in the Store, in which data provided by the Customer and information about Orders placed by him/her in the Store are collected.
10. Registration form
– form available in the Store, allowing the creation of an Account.
11. Order form
– interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping cart
– an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, especially the quantity of products.
13. Product
– a movable item/service available in the Store which is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement
– Agreement for sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Agreement is also understood to mean – in accordance with the characteristics of the Product – a contract for the provision of services and a contract for work.
§ 3
Contact with the Store
Address of the Seller: 26-600 Radom ul. Kusocińskiego 26 lok 3
2. E-mail address of the Seller: info@fortini.pl
3. Phone number of the Seller: +48 666 382 957
5. Bank account number of the Seller: 88114020040000370282571076, BIC/SWIFT BREXPLPWXXX
6. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
7. The Customer may communicate with the Seller by telephone from 9 am to 5 pm.
§ 4
Technical requirements
In order to use the Store, including browsing the Store assortment and placing orders for Products, the following are necessary:
a. a terminal device with access to the Internet and an Internet browser
b. active electronic mail (e-mail) account
c. cookies enabled
d. FlashPlayer installed
General information
1) To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.
2) Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the assortment of the Store is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3) Prices quoted in the Store are in Euro and are gross prices (including VAT).
4) Products shipped outside the European Union may be subject to custom duties in accordance with the recipient country’s regulations.
§ 6
Creating an Account in the Store
1) To set up an Account in the Store, you must complete the registration form. It is necessary to provide the following data: e-mail address and password. you can also log in via Facebook or Google.
2) The establishment of an Account in the Store is free of charge.
3) Logging into the Account is done by providing the login and password established in the Registration Form.
4) The Customer shall have the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.
§ 7
Rules for placing an Order
In order to place an Order you should:
1. Log in to the Store (optional);
2. Select the Product that is the subject of the Order, and then click the “To Cart” button (or equivalent);
3. Log in or use the option of placing an Order without registration.
4. If the option of placing an Order without registration has been selected – fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
5. Click the “Order and pay”/click the “Order and pay” button and confirm the order by clicking on the link sent in the email message
6. Select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8. p.3.
§ 8
Delivery and payment methods offered
1) The Customer may use the following methods of delivery or collection of the ordered Product:
a. Courier delivery, cash on delivery.
b. Personal collection available at: 26-630 Wrzosów, Spacerowa Street 24
2) The customer can use the following payment methods:
a. Payment by bank transfer to the Seller’s account.
b. Electronic payment.
c. Payment by credit card.
3) Detailed information on delivery methods and accepted payment methods can be found on the pages of the Store.
§ 9
Execution of Sales Agreement
1) The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Terms and Conditions.
2) After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Client a relevant e-mail message to the Client’s e-mail address provided during the placement of the Order, which contains at least the Seller’s statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3) If the Customer chooses:
a. payment by bank transfer, electronic payment or payment by credit card, the Customer shall be obliged to make payment
b. payment in cash upon personal collection of the shipment, the Customer is obliged to make payment upon collection of the shipment within 3 days from the date of receipt of information that the shipment is ready for collection.
4) If the Customer has chosen a method of delivery other than personal collection, the Product will be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order
5) If Products with different delivery dates are ordered, the delivery date shall be the longest date given.
6) The beginning of the period for delivery of the Product to the Customer is calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account.
7) If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer’s e-mail address provided during placing the Order.
8) In case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date given.
9) The beginning of the term of readiness for collection of the Product by the Customer shall be calculated as follows:
a. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account from the date of crediting the Seller’s bank account.
b. If the Customer chooses the method of cash on delivery in person – from the date of conclusion of the Sales Agreement.
9) Delivery of the Product takes place on the territory of Poland, the European Union, Europe, etc.
10) Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store under the “Delivery Costs” tab and during the placement of the Order, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.
11) Personal collection of the Product by the Customer is free of charge.
§ 10
Right of withdrawal from the contract
1) The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
2) The running of the period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or a person designated by the Consumer other than the carrier.
3) In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
4) The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.
5) The statement may be sent by traditional mail, or electronically by sending a statement to the Seller’s e-mail address or by submitting a statement on the Seller’s website – the Seller’s contact details are specified in § 3.
6) If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7) The consumer shall return the purchased goods intact, with the original security seal and the original fiscal receipt attached to the return shipment.
8) Consequences of withdrawal from the Agreement:
a. In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
b. In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the goods, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
c. The Seller will refund the payment using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
d. The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
e. The Consumer should send back the Product to the Seller’s address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
f. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.
g. The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
9) If, due to its nature, the Product could not be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.
10) The right to withdraw from a contract concluded at a distance shall not be granted to the Consumer with respect to the Contract:
a. in which the subject of performance is a non-refabricated thing, produced to the Consumer’s specifications or serving to meet his individualized needs,
b. in which the subject of performance is an item supplied in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,
c. in which the subject of performance is a perishable item or an item with a short shelf life,
d. 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 start of the service, that after the Seller’s performance will lose the right to withdraw from the Agreement,
e. 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 deadline for withdrawal from the Agreement,
f. in which the subject of performance are things which, after delivery, by their nature, are inseparably connected with other things.
§ 11
Complaint and warranty
1) In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
2) Complaints should be submitted in writing or electronically to the Seller’s addresses given in these Regulations.
3) Goods sent back under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
4) The complaint will be considered within 14 calendar days of receipt.
§ 12
Out-of-court ways of handling complaints and pursuing claims
1) Detailed information on the possibility for the Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
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 exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: a. The consumer is entitled to apply to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller. b. The consumer is entitled to contact the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
§ 13
Personal data in the Online Store
1) The administrator of Customers’ personal data collected via the Online Store is the Seller.
2) Customers’ personal data collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents – also for marketing purposes.
3) The recipients of personal data of Online Store Customers may be:
a. In the case of a Customer who uses the delivery method by post or courier in the Online Store, the Administrator makes the Customer’s collected personal data available to the selected carrier or intermediary carrying out the shipment on behalf of the Administrator.
b. In the case of a Customer who uses electronic or payment card payment in the Online Store, the Administrator provides the Customer’s collected personal data to the selected entity handling the above payments in the Online Store.
4) The customer has the right to access and correct his data.
5) Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.
§ 14
Final Provisions
1) Contracts concluded via the Online Store are concluded in Polish.
2) The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal provisions, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3) In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
4) The customer has the right to use out-of-court methods of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
No products in the cart. 