I. General Provisions
1. These Regulations define the general conditions, method of providing Services electronically and sales conducted via the Online Store www.fanleather.com. The Store is run by FAN LEATHER BORYSIUK SPÓŁKA JAWNA with its registered office in Białystok, at ul. Żeromskiego 3a, 15-349 Białystok, registered by the District Court in Białystok, 12th Commercial Division of the National Court Register, KRS 0000443356, NIP 5422726911, REGON 052008082, BDO 000261191, hereinafter referred to as the Seller.
2. Contact with the Seller is via:
a) e-mail address: [email protected];
b) by phone: +48 504715601;
c) contact form available on the Online Store website.
3. These Regulations are continuously available on the website www.fanleather.com, in a way that allows its acquisition, reproduction and recording of its content by printing or saving on a medium at any time.
4. The Seller informs that the use of Services provided electronically may involve a threat on the side of every Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying their data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular antivirus programs and a firewall.
5. The Seller has designated a single contact point for contacting Customers, the authorities of the European Union Member States, the European Union Commission and the Digital Services Council, referred to in the DSA Regulation. Communication at the point takes place at the e-mail address indicated in item 2 above, in Polish and English.
II. Definitions
The terms used in the Regulations mean:
1. Working days – these are days from Monday to Friday, excluding public holidays;
2. Customer – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order within the Online Store or uses other Services available in the Online Store;
3. Civil Code – the act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Store;
5. Consumer – a Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
6. Entrepreneur – a Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
7. Content – publicly available content added by the Seller by Customers via the functionality of the Online Store;
8. Regulations – this document;
9. DSA Regulation – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act);
10. Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
11. Sales Agreement – a Sales Agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
12. Services – services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
13. Consumer Rights Act – the act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
14. Act on the provision of services by electronic means – the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
15. Order – a declaration of will of the Customer, directly aimed at concluding a Sales Agreement, specifying in particular the type and number of Goods.
III. Rules for using the Online Store
1. Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
a) a computer or mobile device with Internet access,
b) access to e-mail,
c) Microsoft Edge web browser version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x. or later,
d) enabling Cookies and Javascript in the web browser.
2. Using the Online Store means any action by the Customer that leads to them becoming familiar with the content contained in the Store.
3. In particular, the Customer is obliged to:
a) not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating public rights personal rights, copyrights and other rights of third parties,
b) using the Online Store in a manner that does not disrupt its functioning, in particular through the use of specific software or devices,
c) not taking actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
d) using the Online Store in a manner that is not burdensome to other Customers and the Seller,
e) using all content posted within the Online Store only for personal use,
f) using the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.
4. The Seller may voluntarily take actions to check the Content added by Customers, in particular in terms of compliance with item 3 above.
5. When taking verification actions, the Seller does not use algorithmic decision-making. All decisions made by the Seller regarding the Content result from a review carried out by a human.
6. The Seller enables Customers to report Content (hereinafter referred to as the "Report") that infringes, in particular, item 3 above, including in particular content infringing the provisions of Polish law and European Union law.
7. The Customer may submit a Report via a dedicated contact form at https://fanleather.com/gb/contact-us or via e-mail at [email protected].
8. If the Report contains electronic contact details of the Customer who submitted the Report, the Seller, without undue delay, sends the Customer a confirmation of receipt of the report.
9. After carrying out the verification activities referred to in item 4 above or after receiving the Report from the Customer, the Seller shall make a decision regarding the reported Content within 14 days of receiving the Report.
10. The decision referred to in item 9 above (hereinafter referred to as the "Decision"), may consist of:
a) limiting the visibility or removing the Content that the Notification concerned;
b) suspending or closing the Account of the Customer who added the Content that the Notification concerned.
11. The Seller shall make the Decision in a timely, non-arbitrary, objective manner and with due diligence.
12. The Seller shall, without undue delay, inform the Customer who made the Notification about the Decision made by the Seller.
13. The Seller, if it has the electronic contact details of the Customer who added the reported Content, of the Decision made and shall also provide its justification.
14. The Customer who added the reported Content may file an appeal against the Seller's Decision within 14 days of receiving notification of the Seller's Decision.
15. The appeal may be submitted to the Seller via e-mail at [email protected] and should include the name, surname and e-mail address of the Customer who added the reported Content along with a comprehensive justification.
16. The Seller shall consider the appeal referred to in item 14 above within 14 days of receipt.
IV. Services
1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by filling in and accepting the registration form, made available on one of the pages of the Online Store. The agreement for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or uses the "Delete Account" button.
3. The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). To do this, provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may withdraw consent to the sending of commercial information at any time. The Newsletter Service Agreement is concluded for an indefinite period and is terminated when the Customer sends a request to remove their e-mail address from the Newsletter subscription or unsubscribes using the link in the content of the message sent as part of the Newsletter Service.
4. The Customer may send messages to the Seller using the contact form. The Service Agreement consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a fixed period and is terminated when the Customer sends a message.
5. The Seller has the right to organize occasional competitions and promotions, the terms of which will be provided on the websites of the ernetowych Store. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
6. In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after a prior unsuccessful request to cease or remove the violations, with the designation of an appropriate deadline, may terminate the agreement for the provision of Services with a 14-day notice period.
V. Procedure for concluding a Sales Agreement
1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
2. All Goods available in the Online Store are brand new, compliant with the Agreement and have been legally introduced to the Polish market.
3. In the event that the Seller uses mechanisms for individual price adjustment based on automated decision-making, it shall each time provide this information to the Consumer when placing an Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data.
4. The condition for placing an Order is to have an active e-mail account.
5. In the case of placing an Order via the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form binds the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, the Sales Agreement is concluded.
6. Placing an Order in the Online Store by phone or by sending an e-mail takes place on the Business Days and at the hours indicated on the website of the Online Store. For this purpose, the Customer should:
a) provide the name of the Goods from among the Goods available on the Store's website and its quantity during a telephone conversation or in the content of an e-mail addressed to the Seller,
b) indicate the method of delivery and form of payment from among the methods of delivery and payment provided on the Store's website,
c) provide the data necessary to execute the Order, in particular: first and last name, place of residence and e-mail address.
7. Information on the total value of the Order referred to in the point above is provided by the Seller each time orally after the entire Order has been completed or by informing via e-mail together with information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at which time the Sales Agreement is concluded.
8. In the case of a Customer who is a Consumer, the Seller each time after placing an Order by phone or e-mail sends the Customer a confirmation of the terms of the placed Order.
9. The Agreement is concluded at the moment the Customer, who is a Consumer, sends (in response to the confirmation of the terms of the Order sent by the Seller) an e-mail to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and expresses consent to its implementation and accepts the content of the Regulations and confirms that he/she has read the instructions on withdrawal from the Agreement.
10. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
11. The sales agreement is concluded in Polish or English, with the content consistent with the Regulations.
VI. Delivery
1. Delivery of Goods is limited to the territory of the European Union and is carried out to the address indicated by the Customer when placing the Order.
2. The Customer may choose the following forms of delivery of the ordered Goods:
a) via a courier company;
b) delivered to a Parcel Locker;
c) personal collection at the Seller's personal collection point.
3. On the Store's websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
4. The delivery and execution period of the Order is counted in Business Days in accordance with point VII, subpoint 2.
5. The Seller provides the Customer with proof of purchase.
6. If a different execution period is provided for the Goods covered by the Order, the longest period of the provided period applies to the entire Order.
VII. Prices and payment methods
1. Prices of Goods are given in Polish zloty, British pounds, euros according to the Customer's choice and include all components, including VAT, customs duties and other fees.
2. The Customer may choose the following payment methods:
a) bank transfer to the Seller's bank account (including a) the Order will be processed after the Seller sends the Customer a confirmation of the Order acceptance, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
b) cash on delivery - payment at the Seller's personal collection point (in this case, the Order will be processed immediately after the Seller sends the Customer a confirmation of the Order acceptance, and the Goods will be issued at the Seller's personal collection point);
c) cash on delivery, payment to the supplier upon delivery (in this case, the Order will be processed and shipped after the Seller sends the Customer a confirmation of the Order acceptance and the Order is completed);
d) electronic payment (in this case, the Order will be processed after the Seller sends the Customer a confirmation of the Order acceptance and after the Seller receives information from the settlement agent's system about the payment made by the Customer, and the shipment will be made immediately after the Order is completed);
e) payment in installments (in this case, the order will be processed after the Seller sends the Customer a confirmation of acceptance of the Order, its completion and after receiving payment for the ordered Goods from Imoje).
3. On the Store's websites, the Seller informs the Customer about the deadline by which he is obliged to make the payment for the Order. In the event of failure to pay by the Customer within the deadline referred to in the previous sentence, the Seller, after a previous ineffective request for payment with an appropriate deadline, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
1. A Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 30 days. To meet this deadline, it is sufficient to send the declaration before its expiry.
2. The Customer may formulate the declaration independently or use the declaration template provided by the Seller on the Store's website.
3. The 30-day period is counted from the day on which the Goods were delivered or, in the case of the Agreement 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 confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
a) Agreement for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the entrepreneur has provided the service, he will lose the right to withdraw from the agreement, and has acknowledged this;
b) Agreement 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 expiry of the period for withdrawal from the Agreement;
c) Agreement in which the subject of the provision is non-prefabricated Goods, manufactured according to the Consumer's specifications or intended to meet their individual needs;
d) Agreement, the subject of which is Goods that spoil quickly or have a short shelf life;
e) Agreement, the subject of which is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
f) Agreement, the subject of which is products that, due to their nature, are inseparably connected with other items after delivery;
g) Agreement, the subject of which is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control;
h) Agreement, in which the Consumer expressly requested that the Seller come to him for urgent repair or maintenance; If the Seller additionally provides services other than those requested by the Consumer, or supplies Goods other than spare parts necessary for repair or maintenance, the right to withdraw from the Agreement shall be granted to the Consumer in respect of additional services or Goods;
i) an Agreement in which the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
j) an Agreement in which the subject is the delivery of newspapers, periodicals or magazines, with the exception of a subscription Agreement;
k) an Agreement concluded by way of a public auction;
l) an Agreement for the provision of services for which the Consumer is obliged to pay the price, in in the case of which the Consumer has expressly requested the Seller to come to him for the purpose of repair, and the service has already been fully performed with the express and prior consent of the Consumer.
m) Agreements for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement specifies the day or period of service provision;
n) Agreements for the provision of Digital Content, not provided on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has commenced the provision with the express and prior consent of the Consumer, who has been informed before the commencement of the provision that after the Seller has fulfilled the provision, he will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15, paragraphs 1 and 2 or Article 21, paragraph 1 of the Consumer Rights Act.
6. Other exceptions to the right to withdraw from the Agreement are indicated in Article 38, paragraph 2 of the Consumer Rights Act.
7. In the event of withdrawal from the Agreement concluded at a distance, the Agreement is considered not to have been concluded. What the parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
8. The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall return the payment using the same method of payment as the Consumer used, unless the Consumer agrees to a different method of return, provided that this method will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or until the Customer provides proof of their return, depending on which event occurs first, unless the Seller has offered to collect the Goods from the Customer.
9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
10. The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints regarding Goods under warranty
1. The Seller undertakes to deliver the Goods in accordance with the Agreement.
2. The Seller shall be liable for the non-conformity of the Goods with the agreement on the principles specified in the Consumer Rights Act towards the Customer who is a Consumer and the Customer who is a natural person concluding the Agreement directly related to their business activity, when it results from the content of this Agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. Warranty towards Entrepreneurs is excluded.
3. Complaints resulting from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the address FAN LEATHER BORYSIUK SPÓŁKA JAWNA, ul. Żeromskiego 3a, 15-349 Białystok, to the e-mail address: [email protected], telephone number +48 504715601.
4. In order to consider the complaint, the Customer should send or deliver the Goods subject to the complaint, if possible by attaching proof of purchase. The Goods should be delivered or sent to the address indicated in point 3.
5. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
6. In the event of any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of services by electronic means
1. The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to the following address: FAN LEATHER BORYSIUK SPÓŁKA JAWNA, ul. Żeromskiego 3a, 15-349 Białystok, to the e-mail address: [email protected], telephone number +48 504715601.
2. In the complaint, the Customer should provide their name and surname, correspondence address, type and description of the problem.
3. The Seller undertakes to consider each complaint within 14 days of its receipt. In the event of any deficiencies in the complaint, the Seller will request the Customer to supplement it to the extent necessary within 7 days of the date of receipt of the request by the Customer.
XI. Guarantees
1. Goods may have a manufacturer's guarantee.
2. In the case of Goods covered by the guarantee, information tion regarding the existence and content of the guarantee and the time for which it was granted is always presented in the description of the Goods on the Store's websites.
XII. Extrajudicial methods of resolving complaints and pursuing claims
The Customer who is a Consumer has, among others, the following possibilities of using extrajudicial methods of resolving complaints and pursuing claims:
a) is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute resulting from the concluded Sales Agreement;
b) is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller;
c) may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include the protection of Consumers (including the Federation of Consumers, the Association of Polish Consumers). Advice is provided by the Federation of Consumers on the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected].
XIII. Personal data protection
The Seller collects and processes personal data provided by Customers in accordance with applicable legal regulations and in accordance with the Privacy Policy, available on the Store's website.
XIV. Final provisions
1. All rights to the Online Store, including property copyrights, intellectual property rights to its name, internet domain, the website of the Online Store, as well as to forms and logos belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations.
2. The provisions contained in these Regulations concerning the Consumer, concerning withdrawal from the contract and complaints, shall apply to a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court methods of resolving complaints and pursuing claims shall not apply.
3. The settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court competent for the Seller's registered office.
5. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of services by electronic means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
6. Each Customer shall be informed of any changes to these Regulations through information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers with an Account shall be additionally informed of the changes together with their list to the e-mail address provided by them. The date of entry into force of the changes shall not be shorter than 14 days from the date of their announcement. In the event that the Customer with a Customer Account does not accept the new content of the Regulations, they shall be obliged to notify the Seller of this fact within 14 days from the date of notification of the change to the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations shall result in the termination of the Agreement.