TERMS AND CONDITIONS OF SALE OF GOODS IN THE ONLINE STORE
OF FINEWOOD AGNIESZKA NOWAKOWSKA.
Effective from January 1, 2022 (current as of January 1, 2022)
I. Basic terms
Seller – FINEWOOD Agnieszka Nowakowska with its registered office in Częstochowa (42-212 Częstochowa) at ul. Małopolska 53, NIP 5732124566, REGON 241771038
Store – an online service owned by the Seller, available at www.finewood.com.pl, through which the Customer, Consumer, or Customer-Consumer may purchase Goods from the Seller.
Customer - a legal person or an organizational unit that is not a legal person, to which specific provisions grant legal capacity, which concludes a sales contract through the Store.
Consumer - a natural person who is at least 13 years of age, and in the case of a person under 18 years of age, the consent of their legal representative is required, and who concludes a sales contract via the Store.
Customer-Consumer – a natural person conducting business activity registered in CEIDG, not having legal personality, concluding a sales contract via the Store for goods not subject to further resale or directly related to their business activity.
Terms and Conditions – these terms and conditions defining the rules for the provision of electronic services by the Seller.
Goods - movable items presented in the Store that may be the subject of a sales contract, as specified in detail in the order.
Order Form - a service available on the Store's website, through which the Customer can purchase Goods by adding Products to an electronic shopping cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
Order fulfillment time - the number of business days in which the Seller completes the order placed by the Customer, Consumer, or Customer-Consumer in the Store, then hands over the Goods to a courier company for delivery to the address provided.
Order – a declaration of intent by the Customer, Consumer or Customer-Consumer, submitted via the Store (Order Form) or via email, specifying: the type and quantity of goods available in the Store's assortment at the time of placing the order, the method of payment, the method of delivery of the goods, and the Customer's details, constituting the Customer's offer to the Seller to conclude a contract of sale via the Store for the goods being the subject of the order;
Consumer Rights Act – Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
II. General provisions
1. These Terms and Conditions define the rules for concluding a contract of sale of Goods between the Seller and the Customer, Consumer or Customer-Consumer, using means of distance communication and using the Store, available at the internet address www.finewood.com.pl
2. With regard to services provided electronically, these Terms and Conditions are the terms and conditions referred to in Article 9 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended). The Terms and Conditions are addressed to all customers of the Store. The Customer, Consumer or Customer-Consumer is obliged to comply with all provisions of the Terms and Conditions. Sales are made on the basis of the version of the Terms and Conditions in force at the time of placing the order.
3. All information contained on the Store's website relating to products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude a contract as defined in Article 71 of the Civil Code.
III. Acceptance and fulfillment of orders
1. The condition for using the Store's services is to read and accept these Terms and Conditions. By placing an order, the Customer, Consumer or Customer-Consumer accepts the content of the Terms and Conditions.
2. Orders from the Customer, Consumer or Customer-Consumer are accepted by www.finewood.com.pl via the Order Form and by e-mail to biuro@finewood.com.pl 7 days a week, 24 hours a day.
3. After placing an Order through the Store by completing the Order Form, the Customer, Consumer or Customer-Consumer receives an automatic response – “Order Confirmation” – to the email address provided by the Customer. Confirmation of an order placed by the Store does not mean that it has been accepted for processing. After receiving the order and sending the automatic response described as Order Confirmation, the Store sends another message with the content “Order accepted for processing” to the email address provided by the Customer, Consumer or Customer-Consumer in a separate correspondence, and upon receipt by the Customer, Consumer or Customer-Consumer of an email entitled ” Order accepted for processing,” the Sales Agreement for the goods ordered by the Customer, Consumer, or Customer-Consumer is concluded.
4. The order is binding when the Seller sends a confirmation email to the email address provided in the registration form, stating that the order has been accepted for processing - ”Order accepted for processing.”
5. If an order is placed at the Store's email address without using the Order Form in the Store, the Seller shall specify at least the essential terms of the sales agreement, i.e. the subject of the agreement and the price, in the reply. The order is accepted for processing when the Seller sends the Customer an appropriate email to the email address provided during the Order placement by the Customer, Consumer or Customer-Consumer, which contains the Seller's statement of receipt of the Order and its acceptance for processing.
6. The order fulfillment time starts from:
1. in the case of an order paid on delivery - it starts no later than the next business day after the Seller sends an email to the Customer, Consumer, or Customer-Consumer confirming acceptance of the order for fulfillment
2. in the case of an order paid by traditional bank transfer - it begins after the payment for the order has been credited to the Store's bank account and the acceptance of the order for execution has been confirmed
3. in the case of an order paid by “paynow” online transfer - it begins no later than on the next business day after the Seller sends an electronic message to the Customer, Consumer or Customer-Consumer confirming acceptance of the order for processing
7. Orders placed in the Store are processed during the Store's business hours (on business days, Monday through Friday, from 8:00 a.m. to 4:00 p.m.
8. An invoice is issued for each order.
9. The available means of communication between the Customer and the Store are:
1. Telephone
2. E-mail – biuro@finewood.com.pl
3. Correspondence address – ul.Małopolska 53 42-218 Częstochowa
10. The value specified in the order is the total price that the Customer will be required to pay, including applicable tax and delivery costs.
11. If the Customer is required to pay an amount exceeding the agreed price, which includes the items specified in section 10 above, the Store will inform the Customer of this fact. The Consumer will only be charged with additional costs after obtaining the Consumer's express consent.
IV. Delivery costs and order fulfillment time
1. Orders placed in the Store are shipped via a courier company.
2. Courier shipping fees are available in the Store at finewood.com.pl
3. Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays, and holidays are processed on the next business day.
4. The approximate order processing time is up to 5 business days or as indicated on the Store's website in the product description, but the order processing time may be extended due to temporary unavailability of the product in the Seller's warehouse and the possible need to complete the order. The maximum order processing time should not exceed 30 days. The approximate order processing time is the time required to complete the order and the estimated delivery time. The Seller shall make every effort to ensure that the order processing time is as short as possible. The order processing time is directly affected by the availability of the goods, the time required to complete the order and the delivery time by the courier company.
V. Payment methods
1. The following payment methods are available in the Store: 1) cash on delivery – upon receipt of the shipment 2) bank transfer 3) online payment via the “paynow” online payment gateway
2. The Customer, Consumer or Customer-Consumer who has chosen the bank transfer payment option is obliged to pay for the order within 3 working days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. Only the order number needs to be provided in the payment title. It is possible to extend the payment deadline by informing the Store staff in advance.
VI. Complaints
1. The Seller is liable under the warranty for physical and legal defects of the Goods to the extent specified in Article 556 et seq. of the Act of April 23, 1964 – Civil Code (Journal of Laws of 2014, item 121).
2. A physical defect in the Goods consists in the non-compliance of the item sold with the contract, and therefore if the Goods do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or intended use, do not have the properties that the Seller assured the Customer, Consumer or Customer-Consumer, are not fit for the purpose for which the Customer, Consumer or Customer-Consumer informed the Seller at the time of conclusion of the contract, and the Seller did not raise any objections regarding such intended use, the Goods were delivered to the Customer, Consumer or Customer-Consumer in an incomplete state.
3. A legal defect in the Goods occurs when the Goods are owned by a third party or are encumbered with a third party's right, when the restriction on use or disposal results from a decision or ruling of a competent authority.
4. In the case of a Consumer, public assurances made by the manufacturer or the entity which markets the Goods in the course of its business or which presents itself as the manufacturer shall be treated as equivalent to the assurances made by the Seller. However, the Seller shall not be liable if it was not aware of these assurances or could not have been aware of them, or if these assurances could not have influenced the Consumer's decision to conclude the sales contract, or if the content of these assurances was corrected before the conclusion of the sales contract.
5. The Seller shall be liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer, Consumer or Customer-Consumer.
6. In the case of a Consumer, if a physical defect is found within one year from the date of delivery of the Goods, it shall be presumed that the defect or its cause existed at the time of delivery of the Goods.
7. The Seller is liable under the warranty for physical defects of the Goods which existed at the time of transfer of risk to the Customer or resulted from a cause inherent in the item sold at that time.
8. If the Goods are defective, the Customer, Consumer or Customer-Consumer may submit a statement on price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with non-defective Goods or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or if the Seller has not fulfilled its obligation to replace the Goods with goods free from defects or to remove the defect.
9. If the Goods are defective, the Customer, Consumer or Customer-Consumer may also demand that the goods be replaced with goods free from defects or that the defect be removed.
10. Instead of the removal of the defect proposed by the Seller, the Consumer may demand replacement of the Goods with goods free from defects or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would involve excessive costs compared to the method proposed by the Seller.
11. The Customer, Consumer or Customer-Consumer may not withdraw from the contract if the defect is insignificant.
12. The Seller undertakes to respond to the complaint within 14 days of its receipt.
13. If the complaint is justified, the Seller undertakes to replace the defective Goods with non-defective Goods or remove the defect within 14 days of the date of the complaint being made by the Customer, Consumer or Customer-Consumer.
14. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within 14 days of receiving the withdrawal from the contract, with the proviso that the refund will not be made until the Goods are returned or the Consumer provides proof of their return.
15. Claims for the removal of defects or replacement of Goods with defect-free Goods shall expire one year after the date of discovery of the defect. In the case of a Consumer, the limitation period shall not expire before the expiry of two years.
16. The Customer, Consumer or Customer-Consumer exercising their rights under the warranty at the expense of the Seller shall deliver the defective Goods to the Seller at the address indicated in part III, section 9, point d of these Terms and Conditions.
VII. Right to withdraw from the contract
1. In accordance with the Act and applicable law, as of January 1, 2021, the Consumer and the Customer-Consumer may withdraw from the contract for the sale of goods purchased in the Store without giving any reason by submitting a relevant written statement within 14 days from the date of delivery of the goods (i.e., from the date of receipt of the goods by the Consumer or Customer-Consumer). To meet this deadline, it is sufficient to send the statement before its expiry.
2. The Consumer and the Customer-Consumer may withdraw from the contract by submitting a statement of withdrawal from the contract to the Seller. A model statement is attached to these Terms and Conditions.
3. The statement of withdrawal from the contract should be sent to the following address: ul.Małopolska 53 42-218 Częstochowa
4. The Consumer and the Customer-Consumer shall return the goods to the Seller within 14 days from the date on which they withdrew from the contract. To meet the deadline, it is sufficient to send the goods back before its expiry.
5. The goods should be returned to the Seller's address: ul.Małopolska 53 42-218 Częstochowa
6. Within 14 days of receiving the statement of withdrawal from the contract, the Seller shall refund the Consumer or Customer-Consumer all payments made by them, including the cost of delivery of the Goods, provided that the refund shall not be made until the Goods are returned or the Consumer or Customer-Consumer provides proof of their return.
7. The Seller shall refund the payment using the same method of payment as used by the Consumer or in another manner agreed upon by both parties.
8. The Consumer or Customer-Consumer shall bear the costs of returning the Goods to the Seller.
VIII. Personal data protection
1. By placing an order, the Customer, Consumer, and Customer-Consumer consent to the processing of their personal data for the purpose of order fulfillment and service by the Seller, who is also the personal data controller within the meaning of the Personal Data Protection Act of August 29, 1997.
2. Personal data contained in the Seller's database shall not be transferred to entities not involved in the performance of the sales contract.
3. The Customer, Consumer, and Customer-Consumer, in accordance with the Personal Data Protection Act, have the right to access their personal data, correct it, and delete it. The Seller guarantees every Customer, Consumer, and Customer-Consumer the right to control the processing of data in accordance with Article 32 of the Personal Data Protection Act.
4. Providing personal data is voluntary, however, failure to consent to the processing of personal data makes it impossible to fulfill the order of the Customer, Consumer, and Customer-Consumer.
5. Detailed information on personal data and privacy protection is provided in the “Privacy Policy” tab on the Store's website.
IX. Final provisions
1. The Terms and Conditions define the rules for the conclusion and performance of a contract for the sale of goods available on the Store's website.
2. The sales contract is concluded between the Customer, Consumer or Customer-Consumer and the Seller, FINEWOOD Agnieszka Nowakowska. The relevant provisions of the contract are recorded, secured, and made available by publishing the Store's Terms and Conditions on the website www.finewood.com.pl, sending them to the Customer, Consumer, and Customer-Consumer along with the shipment of documents confirming the purchase of the goods, and sending them to the Customer by email.
3. The Terms and Conditions are available to all Customers in electronic form on the Store's website online.centrumokuc.pl/.
4. In order to use the Store, it is necessary to have devices that allow access to the Internet and a web browser that allows the display of web pages, as well as to provide an email address that allows the sending of information regarding the execution of the order.
5. It is prohibited for persons using the Store (Customer, Consumer, and Customer-Consumer) to post illegal content on the Store.
6. In matters not covered by the Terms and Conditions, the provisions of generally applicable law shall apply.
7. The Terms and Conditions do not exclude or limit any rights of the Customer, Consumer, and Customer-Consumer that are granted to them under mandatory provisions of law. In the event of a conflict between the provisions of the Terms and Conditions and mandatory provisions of law granting rights to consumers, those provisions shall prevail.