Shop Terms and Conditions

Shop Terms and Conditions - www.fanleather.com.

I. General provisions

  1. These Terms and Conditions define the general conditions, manner of providing electronic services and sales conducted via the Internet Shop www.fanleather.com. The Shop is run by FAN LEATHER BORYSIUK Spółka Jawna with a registered office in Białystok, at Żeromskiego 3A, 15-349 Białystok, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Białystok,12th Commercial Division of the National Court Register (KRS): 0000443356, Tax Identification Number (NIP): 5422726911, Business Identification Number (REGON): 052008082, hereinafter referred to as the Seller.

  2. Contact with the Seller takes place via:

    1. the e-mail address: [email protected],

    2. the phone number: +48 504 715 601.

  3. These Terms and Conditions are permanently available on the website www.fanleather.com in a way that makes it possible to obtain, reproduce and preserve them by printing or saving them on a carrier at any time.

  4. The Seller informs that the use of services provided electronically may be associated with risks on the part of each user of the Internet, consisting in the possibility of introducing harmful software into the Customer’s ICT system and acquisition as well as modification of its data by unauthorized persons. In order to avoid the risk of such threats, the above-mentioned Customer should use appropriate technical measures to minimise their occurrence, in particular anti-virus software and firewall.

II. Definitions

The terms used in the Terms and Conditions shall mean:

  1. Working days – these are days from Monday to Friday excluding public holidays;

  2. Customer – a natural person with full legal capacity, a natural person running a business, a legal person or an organisational unit not being a legal person, to which special provisions grant legal capacity, who places an Order in the Internet Shop or uses other Services available in the Internet Shop;

  3. Civil Code – the Act of 23rd April 1964. (Journal of Laws No. 16, item 93 as amended);

  4. Account – a part of the Internet Shop assigned to a given Customer, by means of which the Customer may perform certain actions within the Internet Shop;

  5. Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;

  6. Entrepreneur – Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

  7. Terms and Conditions – this document;

  8. Goods – a product presented in the Internet Shop, the description of which is available next to each of the presented products;

  9. Sales Agreement – the Agreement for the sale of  Goods, as defined by the Civil Code, concluded between the Seller and the Customer;

  10. Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18th July 2002 on provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

  11. Consumer Rights Act – Act of 30th May 2014 on consumer rights (Journal of Laws 2014, No. 827);

  12. Act on provision of services by electronic means – Act of 18th July 2002 on provision of services by electronic means (Journal of Laws No.144, item 1204 as amended);

  13. Order – Customer’s declaration of will, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Internet Shop

  1. The use of the Internet Shop is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:

    1. a computer or mobile device with Internet access,

    2. e-mail access,

    3. web browser such as Internet Explorer version 11 or higher, Firefox version 28.0 or higher, Chrome version 32 or higher, Opera version 12.17 or higher, Safari version 1.1 or higher,

    4. enabling Cookies and JavaScript in your browser.

  2. Using the Internet Shop means any action of the Customer which leads to him/her becoming acquainted with the content of the Shop.

  3. The customer is obliged in particular:

    1. not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,

    2. to use the Internet Shop in a manner which does not disrupt its operation, in particular through the use of specific software or devices,

    3. not to take actions such as sending or posting unsolicited commercial information (spam) within the Internet Shop,

    4. to use the Internet Shop in a manner not burdensome for other Customers and the Seller,

    5. to use any content posted within the scope of the Internet Shop only for their own personal use,

    6. to use the Internet Shop in a manner consistent with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions and the general principles of using the Internet.

IV. Services

  1. The Seller makes it possible via the Internet Shop to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.

  2. The service of creating and keeping an Account in the Internet Shop is available after registration. The registration takes place by completing and accepting the registration form made available on one of the websites of the Internet Shop. The agreement for the provision of the service consisting in creating and keeping an Account in the Internet Shop is concluded for an indefinite period of time and shall be terminated when the Customer submits a request to delete the Account or uses the “Delete Account” button.

  3. The Customer has the possibility to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, a valid e-mail address should be provided or an appropriate field should be activated in the registration form or the Order form. The Customer may, at any time, revoke their consent to receive commercial information. The Newsletter service agreement is entered into for an indefinite period of time and shall be terminated upon the Customer’s request to remove their email address from the Newsletter subscription service or unsubscribe using the link in the Newsletter message.

  4. The Customer has the possibility to place individual and subjective statements in the Internet Shop, referring among others to the Goods or the course of transactions. By adding their statements, the Customer declares that he or she owns all rights to these contents, in particular copyrights, related rights and industrial property rights. The contract on the provision of services consisting in posting opinions about Goods in the Internet Shop is concluded for a definite period of time and terminates as soon as the opinion is added.

  5. The statements should be edited in a clear and comprehensible manner. Moreover, they cannot violate the applicable laws, including the rights of third parties – in particular they cannot be defamatory, infringe personal rights or constitute an act of unfair competition. The posted statements are disseminated on the Internet Shop’s website.

  6. By placing an entry, the Customer agrees to the free use of this entry and its publication by the Seller, as well as to the development of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).

  7. The Seller has the right to organise occasional competitions and promotions, the terms of which are always displayed on the Shop’s websites. Promotions in the Internet Shop cannot be combined, unless the Regulations of a given promotion state otherwise.

  8. In the case of violation by the Customer of provisions of these Terms and Conditions, the Seller, after a prior ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract on the provision of Services upon 14 days’ notice.

V. Procedure for concluding the Sales Agreement

  1. Information about the Goods given on the websites of the Shop, in particular their descriptions, technical and usable parameters as well as prices, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.

  2. All Goods available in the Internet Shop are brand new, free from physical and legal faults and have been legally introduced into the Polish market.

  3. The condition for placing an Order is having an active e-mail account.

  4. In the event of placing an Order via the Order form available on the website of the Internet Shop, the Order is placed by the Customer to the Seller in an electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in an electronic form is binding for the Customer if the Seller sends, to the e-mail address provided by the Customer, a confirmation of accepting the Order for execution, which constitutes the Seller’s statement of accepting the Customer’s offer, and upon its receipt by the Customer a Sales Agreement is concluded.

  5. Placing an Order in the Internet Shop by sending an electronic message takes place on Working Days and at hours indicated on the website of the Internet Shop. For this purpose the Customer should:

    1. specify in the e-mail message to the Seller the name of the Goods from among the Goods on the website of the Shop and its quantity,

    2. indicate the method of delivery and method of payment from among the methods of delivery and payment given on the Shop’s website

    3. provide the data required for the execution of the Order, in particular: name and surname, place of residence and e-mail address.

  6. Information on the total value of the Order is given each time by the Seller via e-mail, together with information that the conclusion of the Sales Agreement by the Customer entails an obligation to pay for the ordered Goods, at which moment the Sales Agreement is concluded.

  7. In the case of a Customer who is a Consumer, the Seller each time after placing an Order via e-mail sends the Customer a confirmation of the terms of the Order placed, which will include information on:

    1. the description of the subject of the Order,

    2. the unit price and the total price of the products or services ordered, including taxes, delivery costs and additional costs (if any),

    3. the means of contact with the Seller and his registration details,

    4. the chosen method and date of payment,

    5. the chosen method of delivery,

    6. the time of delivery,

    7. Customer’s contact data,

    8. the Terms and Conditions,

    9. that the conclusion of the Agreement entails the obligation to pay for the Order,

    10. instructions on the right of withdrawal from the Agreement and a draft thereof.

  8. The Agreement is concluded when the Customer, being a Consumer (in response to a confirmation of the conditions of the Order sent by the Seller) sends an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the sent Order and agrees to its execution, and accepts the content of the Terms and Conditions as well as confirms reading the instructions on withdrawing from the Agreement.

  9. The Seller shall, together with the Goods and in accordance with the Customer’s will, deliver a receipt or a VAT invoice covering the Goods supplied.

  10. The Sales Agreement is concluded in the Polish language, at the Customer’s choice, with the content compliant with the Terms and Conditions.

VI. Delivery

  1. Delivery of the Goods is limited to all countries of the European Union and is made to the address indicated by the Customer in the course of placing the Order.

  2. The Customer receives the ordered Goods through a courier company.

  3. The Seller, on the websites of the Shop in the description of the Goods, informs the Customer about the number of working days needed for the execution of the Order and its delivery, as well as about the charges for the delivery of the Goods.

  4. The delivery and processing time for the Order is up to 14 working days.

  5. The Seller shall, together with the Goods and in accordance with the Customer’s will, deliver either a receipt or a VAT invoice covering the Goods supplied.

  6. If different lead times are provided for the goods covered by the Order, the longest period provided for shall apply to the entire Order.

VII. Prices and methods of payment

  1. The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and other charges.

  2. The Customer can choose the following payment methods:

    1. bank transfer to the Seller’s bank account (in this case the processing of the Order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the Order, and the Order will be dispatched immediately after the funds have been credited to the Seller’s bank account and the Order has been completed);

    2. cash on personal delivery – payment at the Seller’s personal collection point (in this case the Order will be executed immediately after the Seller sends confirmation of Order acceptance to the Customer, and the Goods will be released at the Seller’s personal collection point);

    3. cash on delivery, payment to the supplier at the time of delivery (in this case, execution of the Order and its dispatch will be initiated after the Seller has sent the Customer a confirmation of acceptance of the Order and completion of the Order);

    4. electronic payment (in this case execution of the Order will commence after the Seller has sent the Customer a confirmation of acceptance of the Order and after the Seller has received information from the settlement agent’s system that the payment has been made by the Customer, and the shipment will be made immediately after completion of the Order);

    5. payment in instalment system (in this case the processing of the order will be initiated after the Seller has sent the Customer a confirmation of acceptance of the Order, its completion and after receiving payment for the ordered Goods from Santander Consumer Finanse S.A. with its registered office in Wrocław).

  3. The Seller, on the websites of the Shop, informs the Customer about the time within which he is obliged to make the payment for the Order. In the case of a lack of payment by the Customer within the period referred to in the previous sentence, the Seller, after an ineffective call to cease or remove the infringement, setting an appropriate time limit, may withdraw from the Contract under Article 491 of the Civil Code.

VIII. Right of withdrawal

  1. The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 30 days. In order to meet this deadline it is sufficient to send the declaration before its expiry.

  2. The Customer may formulate the declaration on their own or use a model declaration of withdrawal from the Agreement, which constitutes Attachment No. 1 to the Terms and Conditions.

  3. The 30-day period shall run from the date on which the Goods were delivered or, in the case of a Contract for the provision of Services, from the date of its conclusion.

  4. Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller shall send to the Consumer’s e-mail address a confirmation of receipt of the declaration of withdrawal from the Agreement.

  5. The Consumer’s right of withdrawal is excluded in the case of:

    1. provision of services, if the Seller has performed the service in full with the express consent of the Consumer who has been informed before the performance of the service by the Seller that after the Seller’s performance he will lose the right to withdraw from the Agreement;

    2. an Agreement in which the price or remuneration depends on fluctuations in the financial market which are not controlled by the Seller and which may occur before the end of the period for withdrawal from the Agreement;

    3. an Agreement in which the subject of the supply are non-prefabricated Goods manufactured to the Consumer’s specification or serving to satisfy his individual needs;

    4. an Agreement in which the subject of the supply are perishable Goods or Goods with a short shelf life;

    5. an Agreement in which the subject of the supply is an Item delivered in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;

    6. an Agreement in which the subject of the supply are Products which after delivery, by their nature, are inseparable from other things;

    7. an Agreement in which the subject of the supply are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations, over which the Seller has no control;

    8. an Agreement in which the consumer has expressly requested that the Seller come to him in order to carry out an urgent repair or maintenance; if the Seller provides in addition other services than those which the Consumer has requested, or supplies Goods other than replacement parts necessary for carrying out repair or maintenance, the right of withdrawal shall apply to the Consumer in relation to the additional services or Goods;

    9. an Agreement in which the subject of the supply is a sound or visual recording or computer software supplied in a sealed package if the package has been opened after delivery; supply of newspapers, periodicals or magazines, except for a subscription contract;

    10. an Agreement concluded by public auction;

    11. an Agreement for the provision of accommodation other than for residential purpose, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the Agreement specifies the date or period for the provision of the service;

    12. an Agreement for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the Consumer’s express consent before the end of the period for withdrawal from the Agreement and after the Seller has informed the Consumer of the loss of the right to withdraw from the Agreement.

  6. In the case of withdrawal from a distance Agreement, the Agreement shall be regarded as invalid. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary in order to determine the nature, characteristics and functionality of the Goods. The return shall take place immediately, no later than within 14 days. The purchased Goods shall be returned to the Seller’s address.

  7. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of reimbursement, and this method will not be associated with any cost to the Consumer. The Seller may withhold the reimbursement of payments received from the Customer until the moment of receiving the item back or providing evidence of its return by the Customer, whichever event occurs first, unless the Seller has offered to collect the item from the Customer himself.

  8. If the Consumer has chosen a method of delivery of the Goods other than the cheapest normal delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him.

  9. The Customer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear that cost.

IX. Complaints concerning Goods under warranty

  1. The Seller undertakes to deliver the Goods free from defects.

  2. The Seller is liable to the Customer who is a Consumer under the warranty for defects according to the terms specified in Articles 556 – 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.

  3. Complaints arising from any violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be addressed to FAN LEATHER BORYSIUK Spółka jawna, Żeromskiego 3a, 15-349 Białystok, to the e-mail address: [email protected], telephone number +48 504 715 601.

  4. In order to consider the complaint, the Customer shall send or deliver the Goods complained of, if possible, attaching the proof of purchase. The Goods shall be delivered or sent to the address specified in point 3.

  5. The Seller undertakes to handle each complaint within 14 days.

  6. In the case of deficiencies in the complaint, the Seller shall call the Customer to supplement it to the extent necessary, immediately, but no later than within 7 days from the date of receipt of the call by the Customer.

X. Complaints concerning the provision of services by electronic means

  1. The Customer may submit to the Seller complaints regarding the functioning of the Shop and the use of the Services. Complaints can be submitted in writing to the address: FAN LEATHER BORYSIUK Spółka jawna, Żeromskiego 3a, 15-349 Białystok, e-mail address: [email protected], phone number +48 504 715 601.

  2. In the complaint, the Customer should provide their name, mailing address, type and description of the problem.

  3. The Seller undertakes to handle each complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be handled. In case of defects in the complaint, the Seller will call the Customer to supplement it to the necessary extent within 7 days from the date of receipt of the call by the Customer.

XI. Warranties

  1. Goods may have a manufacturer’s, Seller’s or importer’s warranty.

  2. In the case of Goods under warranty, information on the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the websites of the Shop.

XII. Out-of-court complaint and claim settlement methods

  1. A Customer who is a Consumer has, among others, the following possibilities of using out-of-court ways of dealing with complaints and pursuing claims:

    1. is entitled to apply to the permanent amicable consumer court acting at the Trade Inspection for settlement of a dispute arising from the concluded Sales Agreement;

    2. is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Customer and the Seller;

    3. may obtain free assistance in resolving a dispute between a Customer and a Seller, also using free assistance of a county (municipal) consumer advocate or a social organisation whose statutory tasks include protection of Consumers (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number 800 007 707 and by the Polish Consumer Association at the e-mail address [email protected];

    4. submit their complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data

The Seller collects and processes the personal data provided by the Customers in accordance with the applicable provisions of law and the Privacy Policy, which constitutes Appendix No. 3 to the Terms and Conditions.

XIV. Final provisions

  1. All rights to the Internet Shop, including proprietary copyrights, intellectual property rights to its name, Internet domain, the Internet Shop website, as well as to forms, logotypes belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions.

  2. Settlement of potential disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the stipulations of the relevant provisions of the Code of Civil Procedure.

  3. Settlement of potential disputes arising between the Seller and the Customer who is an Entrepreneur is subject to the court having jurisdiction over the Seller’s registered office.

  4. In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Providing Electronic Services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.

  5. Each Customer shall be informed of any amendments to these Terms and Conditions by information on the home page of the Internet Shop containing a summary of the amendments and the date on which they become effective. Customers who have an Account shall additionally be informed of the changes together with their summary to the e-mail address indicated by them. The date on which the amendments shall become effective shall not be shorter than 14 days from the date of their publication. If the Customer who has a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to inform the Seller about this fact within 14 days from the date of informing about the change of the Terms and Conditions. Notifying the Seller about the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.