Terms and Conditions of the mail-order sale of the online Foonka Store
effective as of 29th December 2017
§ 1 GENERAL PROVISIONS
1. Provisions in Terms and Conditions define rights and obligations of the parties to the sale contract. Within the scope of the rescission of the sales contract, Terms and Conditions apply to Customers of the Seller who are consumers. Sales to other entities (e.g. business entities) is covered by the general provisions of concluding and performing contracts defined in the Civil Code, including provisions on the warranty against defects of goods.
2. Terms and Conditions are available in Polish.
3. The online Foonka Store operating at www.foonka.store and www.hayka.eu is the property of the company “Dizeno Małgorzata Dziembaj” hereinafter referred to as “Dizeno” with the registered office in Szczecin, ul. Krasickiego 5/1 entered into the register of business activity. NIP (tax identification number) 8512902968, REGON (statistical number) 321463929
4. Any reference in Terms and Conditions to the “Seller” shall be understood as:
Dizeno Małgorzata Dziembaj
ul. Ignacego Krasickiego 5/1
5. Customers of the online Foonka Store (hereinafter also referred to as the “Store”) operating at www.foonka.store and www.hayka.eu may be natural persons who reached the age of 18 years and have full capacity for legal transactions, juridical persons and organizational entities without legal personality that may assume rights and liabilities on their own behalf.
6. Customers are obliged to respect the author’s economic rights and rights arising out of the registration of inventions, patents, trademarks, utility models and industrial designs.
§ 2 TECHNICAL CONDITIONS OF USING THE STORE
1. In order to use the Store, the Customer should have:
a) ICT equipment
b) access do the Internet
c) e-mail address
3. The Store informs its Users that disabling the option of using Cookies may adversely affect the functionalities available in the Store.
§ 3 REGISTRATION AND LOGGING IN
1. In order to create a “Customer Account”, the Customer registers by providing in a special form: user name, e-mail address, first and last name, phone number and address. It is possible to provide data to obtain a VAT invoice.
2. The password provided to log into the Store may consist of letters, digits and/or special symbols. Each customer has an individual user-specific password. The password may be changed on the web page by providing your e-mail and new password.
3. The registration of a „Customer Account” is free of charge.
4. By accepting Terms and Conditions, the Customer represents the following:
a) I have started using the services of the Store voluntarily
b) data provided in the form is true.
5. The Customer must not give third parties their password to access the online Store.
6. After the registration, a link activating the account will be sent to the e-mail address indicated by the Customer.
7. Activation of the account will enable you to log into the system.
8. The Customer is not allowed to copy, modify or disseminate the content, images, logotypes without prior consent of the authorised person.
§ 4 SUBJECT-MATTER OF THE TRANSACTION
1. The subject-matter of the transactions conducted via the web page of the Store are products listed in the offer presented on the web page of the Store upon placing an order by a given Customer, hereinafter referred to as “Products”.
2. Prices of all the Products presented in the Store offer are given in PLN or EUR and include VAT, they do not include costs of delivery, unless the description of a given Product indicates to the contrary.
3. Costs of delivery of the Product are covered by the Customer.
4. Information on Products available in the online Foonka Store constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
§ 5 PLACING AN ORDER
1. The Store is open 24 hours a day, 7 days a week, which enables the Customer to place an order at any time save for maintenance breaks. The Customer may also place an order personally at the office of the company during working hours or by phone between 9:00 a.m. and 4:00 p.m.
2. In the case of natural persons, only a person with full capacity for legal transactions may become a customer.
3. Placing an order by the Customer is understood as making Foonka Store an offer to enter into sales agreement with regard to the ordered Product.
4. The Customer places an order in the following manner:
a) selecting goods by adding products to the Basket
b) selecting method of delivery and payment
c) providing data in the registration form or when logging in – delivery form
d) confirming the order by pressing “order with obligation to pay” (or equivalent)
e) in the case of down payment – payment for the order by one of the available methods of payment.
5. After placing an order, the Customer will receive to the e-mail address indicated a confirmation that Foonka Store has received the order placed by the Customer. In order to confirm the order, you just need to click the link included in the message. Making a down payment is tantamount to the confirmation of the order by the Customer.
6. The confirmation of the order sent to the Customer contains:
a) data of the Store, including the correspondence address, e-mail address and phone number
b) product description (e.g. quantity, colour, dimensions)
c) unit price and total price of all the products
d) price of the order = total price of the products + costs of performing the contract, among others costs of payment and delivery
e) method of payment
f) information on the right to rescind the contract without stating any reason within 14 days
g) information on the right to warranty
h) form to rescind the contract within 14 days in the attachment
7. The Store reserves the right to verify the placed order by phone or e-mail before the order is processed.
§ 6 PROCESSING ORDERS
1. When the Store receives the payment for the ordered product, a contract for sale of goods between the Customer and the online Foonka Store is concluded.
2. When filling in the order form, the Buyer should exercise due diligence. In particular, data provided by the Buyer should be true, and it should enable the Seller to perform the duties resulting from the sales contract. The failure to exercise due diligence within this scope shall be a burden of the Buyer and may result in an obligation of compensatory nature, including costs of transportation, default notices and other reasonable costs incurred by the Store in order to complete a given order.
§ 7 METHODS OF PAYMENT
1. The Buyer is obliged to pay the Seller the predetermined price due to the sales of goods under the order.
2. The payment arising out of the order may be effected by the Customer in one of the following forms:
a) by cash – personal collection at the office of the company or cash-on-delivery with courier service;
b) by a bank transfer to the bank account of the Store effected before dispatching goods to the Customer, based on data necessary for the transfer available upon the placement of the order, in the e-mail confirming the order. When the due amount is credited to the account of the STORE, the product is sent to the Customer with a proof of purchase in line with these Terms and Conditions;
c) by the PayU system;
d) by the PayPal system.
3.All the payments connected with placed orders should be effected to the following bank account of the Store:
Payment in PLN
The account number for the PLN payments:
Bank account number: 83 1140 2004 0000 3102 7566 9522
Company: Dizeno Małgorzata Dziembaj ul. Krasickiego 5/1 71-333 Szczecin
Bank name: mBank S.A.
The account number for the EUR payments:
Bank account number (IBAN): PL 06 1140 2004 0000 3212 0370 0317
Company: Dizeno Małgorzata Dziembaj ul. Krasickiego 5/1 71-333 Szczecin
Bank name: mBank S.A. BlC/SWlFT: BREXPLPWMBK
§ 8 PROOF OF PURCHASE
1. Each purchased product is accompanied by a proof of purchase (VAT invoice or receipt).
§ 9 PRICES AND COSTS OF DELIVERY
1. All the offers in the online store are only invitations for the Customer to submit a suitable offer of purchase.
2. The prices of products given on the web page of the Store are expressed in PLN or EUR, and they include taxes and fees. The price of the product before pressing the “add to basket” button does not include the costs of delivery nor any other additional fees. The costs of making payment and delivery are added to the value of the ordered products. The Customer is informed about any additional costs e.g. of packaging before the placement of the order.
3. The final price of the order binding on the Store and the Customer is the price of the product given on the web page of the Store before the placement of the order by the Customer together with all the costs connected with the performance of the agreement.
4. The information on the total value of the order (with costs of making payment and delivery) is shown before the option “Order and Pay” and is confirmed in the e-mail sent immediately to the address indicated by the Customer.
5. The costs of delivery depend on the method of delivery of the Product selected by the Customer, value, weight and size of the order, and they are presented upon the selection of the method of delivery of the Product by the Customer. The total cost of the order (i.e. the price of the Products with the cost of delivery) is indicated in the Basket before the placement of the order by the Customer.
§ 10 DELIVERY OF THE PRODUCT
1. Delivery of products ordered in the online Foonka Store takes place in the territory of Poland, unless the Customer requests shipment abroad. If products are delivered abroad, the Store reserves the right to contact the Customer in order to determine an individual price for the international shipment.
2. All the products are delivered at the cost of the Buyer. The final cost of the order including the cost of shipment is determined during the placement of the order.
3. Products shall be delivered to the address indicated by the Customer by a professional Carrier.
4. Products are delivered during working days, from Monday to Friday. Products are not delivered at weekends and on holidays.
5. The date of delivery depends on the method of delivery selected by the Customer and availability of the Product. Availability is given in the description of a given Product. If you order products that are not available at the moment the lead time may be longer, in any case the Customer will be informed about such fact.
6. The Seller is responsible for the risk of accidental loss or damage of goods until they are received by the Consumer, unless the Consumer has selected a form of delivery other than the ones proposed by the Seller.
7. The Buyer upon collecting the dispatched goods has the possibility to check the goods and in the event of any damage – to write down a report in the presence of the supplier. Filing a complaint or exercising the right to rescind the contract is not contingent upon preparation of such report.
8. Delivery of products in Poland is based on the price list of Poczta Polska and companies offering courier services. Prices of delivery are presented upon the selection of the method of delivery, unless the offer of a given product indicates otherwise.
§ 11 RIGHT TO RESCIND THE CONTRACT
This section concerns Users using the Store as Consumers.
1. The Consumer may rescind the contract without giving any reason within 14 days of the day of receiving the product by submitting a relevant statement in any form or by returning the product without sending any written statement. The above time limit is observed if you send the statement/product before the lapse of 14 days to the address:
Foonka Store, ul. Sw Ducha 2a, 70-205 Szczecin, Poland
2. The Consumer expresses the will to exercise the right to rescind the contract also by returning the goods, following the procedures as specified in paragraph 1 of this section.
3. In the case of the rescission of a distance contract, it is deemed that such agreement has not been concluded. Items provided are returned in an unaltered condition. The return should take place immediately, no later that within 14 days. The purchased goods should be returned to the following address:
Foonka Store, ul. Sw Ducha 2a, 70-205 Szczecin, Poland
4. Direct costs of the return of goods connected with the exercise of the right to rescind the contract are borne by the Buyer, unless the Store agrees to bear them or has not informed the Consumer about the right to rescind the contract.
5. The costs of dispatching the goods are reimbursed by the Store, but if the Consumer selected the method of delivery of the article other than the cheapest, the standard method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
6. If the Customer rescinds the contract, the Store shall refund the price of the product within 14 days of receiving the statement of the Consumer. The refund shall be effected to the bank account indicated by the Consumer.
7. The Consumer is obliged to return the goods no later that within 14 days of the day of rescinding the contract, unless the Seller has suggested collecting the Product personally. The time limit is observed if the goods are sent back before the lapse of 14 days.
8. If the Store has not suggested collecting the Product personally from the Consumer, the Store may withhold the refund of the sums paid by the Consumer until the Store receives from the Customer the Product or a certificate of posting the Product, whichever occurs first.
9. The Buyer is obliged to secure the returned goods so to prevent any damage during transportation.
10. A contract rescission form is available at the web page of the Store and is sent in the e-mail confirming the placement of the order.
11. The right to rescind the distance contract may not be exercised by the Consumer in the case of: a) performance of properties defined by the consumer in the order placed by the consumer or closely connected with the consumer, b) performance that is explicitly adjusted to the individual needs of the consumer.
12. The Consumer is liable for a decrease in the value of the article resulting from its use other than the manner necessary to verify the nature, features and functioning of the article, unless Foonka Store has not informed the Consumer about the right to rescind the contract.
13. Foonka Store shall not accept products sent by cash-on-delivery service and shall not bear costs connected with such packages, unless the parties stipulate otherwise.
§ 12 COMPLAINT
1. Foonka Store is obliged to deliver Products without any defects. The store is liable towards the Customer if the sold Product has a physical defect (lack of conformity of the sold item with the agreement) or a legal defect (warranty).
2. The Products offered in the Store are covered by a 24-month liability of the seller for the lack of conformity of goods with the agreement. It is presumed that if the Consumer files a complaint under warranty with the Seller within 12 months of receiving the product, the defect of the product existed at the moment of the sale.
3. Complaints under the liability of the seller for the lack of conformity of goods with the agreement should be filed, among others a) by an e-mail sent to the address: firstname.lastname@example.org b) by post to the address:
Foonka Store, ul. Sw Ducha 2a, 70-205 Szczecin, Poland
4. A complaint should contain a detailed description of the type of nonconformity, date of its occurrence, demand of the Consumer, number of the order and contact details, which will facilitate the complaint procedure.
5. The Store investigates complaints without undue delay, no later than 14 days of receiving the complaint sent by the Customer.
6. If the Customer does not receive any information on the status of the compliant within the time limit defined in paragraph 4, it is deemed that the Complaint has been decided in favour of the Customer.
7. In the case of a justified complaint, the Customer may demand that the Product is brought to the condition as specified in the agreement, repaired free of charge or replaced with a new one or that its price is lowered. The Customer may also rescind the contract. The Store shall refund to the Customer the sum equal to the price of the entire transaction.
8. The answer to the complaint is sent to the e-mail address or correspondence address indicated by the Consumer.
9. The Store issues a written statement on the return of the performance.
10. Differences in features of a given product between the product seen on the web page of the Store by means of the Customer’s computer and the product received by the Customer resulting from individual settings of the Customer’s computer (colours, proportions, etc.) may not constitute the basis for the complaint of the purchased product.
11. A model Complaint form may be found on the web page of the order and it is attached to the e-mail confirming the order.
§ 13 FINAL PROVISIONS
1. The information on products placed on the web page of the online Store does not constitute a trade offer within the meaning of Article 543 of the Civil Code, but it is exclusively treated as an invitation to enter into an agreement. All the information on the offer of the online Foonka Store is in accordance with the catalogue data presented on the web pages of the Store.
2. Availability of the information on products on the web pages of the Online Store does not mean availability of those products in the Storehouse and possibility to complete the order.
3. The Seller shall make every effort so that services provided by the Online Store are of the highest quality. Nevertheless, the Seller does not exclude the possibility of a temporary suspension of the Online Store if it is necessitated by maintenance works, servicing, replacement of equipment or connected to modernisation or development of the Online Store.
4. Personal data of Customers is processed by the Store in accordance with the applicable regulations of the Act of 29 August 1997 on personal data protection (Journal of Laws no. 133, item 883, as amended). The Buyer has the right to access their data, alter it and demand that the Store cease using their data.
5. To the fullest extent legally permissible, the Seller shall be neither liable for blocking messages sent to the e-mail address indicated by the Customer by administrators of mail servers nor for deleting and blocking e-mails by the software installed on the computer used by the Customer.
6. To all matters not regulated herein, provisions of Polish law apply, in particular provisions of the Civil Code as well as the Act on special terms and conditions of consumer sale and the amendment to the Civil Code (Journal of Laws no. 141 of 2002, item 1176, as amended) and the Act on the protection of certain consumer rights and on the liability for damage caused by a hazardous product (Journal of Laws no. 22 of 2000, item 271, as amended).
7. All the products and names appearing on the web page of the Online Store are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law (Journal of Laws no. 119 of 2003, item 1117). The author’s economic rights to all graphic elements, including the logo of Foonka, HAYKA as well as the layout of such elements belong to Dizeno Małgorzata Dziembaj. Customers or other third parties are prohibited from using graphic elements, their layout and designations that are covered by the rights belonging to Dizeno Małgorzata Dziembaj.
8. By placing an order, the Customer accepts Terms and Conditions applicable at the time of placing the order. The Seller reserves the right to alter these Terms and Conditions.
9. All disputes related with the services provided by the Seller shall be settled by competent Polish common courts.
10. Terms and Conditions are effective as of the date indicated on the Web Page of the Online Foonka Store and supersede all terms and conditions effective prior to that date. Dizeno may alter Terms and Conditions for important reasons, in particular if they are justified by the applicable law or technical conditions and requirements. To orders placed by Customers before such alteration enters into force, Terms and Conditions effective as on the date of placing the order apply.
11. These Terms and Conditions are effective as of 29th December 2017.
ATTACHMENT NO. 1
In the Foonka online store, located at www.foonka.store, we attach great importance to protecting your privacy. We would like to assure you, that we treat your data with care and consideration of obligations under the existing provisions of the protection about personal data.
Who controls your personal data?
Personal data provided to us are controlled by the Polish company DIZENO Małgorzata Dziembaj, which is the owner and manager of the FOONKA brand and online store. This person protects your data under the law on the protection of personal data:
str.: Ks. Bp. Ignacego Krasickiego 5/1
post code : 71-333
represented by: Małgorzata Dziembaj
Where your data are stored?
All personal data are stored in the European Economic Area, and every operation of transferring personal data is carried out in accordance with the law.
Who has an access to your data?
Your data are safe with us, nobody transfers them, sells them or exchanges them for marketing purposes. They are transmitted to external entities (so-called third parties), only for implementation your order in the Foonka online store, or for information purposes, when you subscribe to our newsletter.
To the extent permitted by applicable law we may share your data with trusted third parties for purposes related to the provision of our services, eg.: accounting offices, IT service providers (hosting, newsletter), entities operating postal or courier. In terms of permitted by applicable law, we can also share your information to business information offices and institutions dealing in debt recovery, including entrepreneurs who deal with debt collection and trading in receivables and their proxies. In such situations, we require third parties to maintain the confidentiality and security of information and use them only to provide us with the service.
How long we keep your data?
We store your data no longer, than it is necessary to achieve the purposes for which there were collected. Storage periods, however- may vary depending on the purpose of processing. In order to determine the amount for purchased goods or to seek possible claims, we store your data for 12 months of their acquisition.
For the accounting process data are stored for a period of 5 years. After the retention periods, your personal data will be deleted or anonymized.
What are the legal grounds for data processing?
In the case of processing personal data obtained from you, we will inform you, if they have been provided in a regulatory manner or you have an obligation to provide your personal data and what are the consequences of not agreeing to it.
What rights do you have?
The right to access data: At any time, you can request information about your personal data that we store, all you need to do, is a contact with us at e-mail address: email@example.com – you will receive this information via e-mail.
Right to transfer: In the case of the processing of your data by the Foonka online store in an automated way, you have the right to receive a copy of your data in a widely used and readable format. This applies only to personal data that has been provided to us.
The right to correct data: You can request to correct your data at any time if they are incorrect or obsolete and you may complete incomplete data.
The right to delete data: You have the right to delete your data processed by the Foonka online store at any time, except in the following situations:
The right to not accept for direct marketing: Direct marketing in the form of e-mails sent to the e-mail address provided by you, we use only after receiving your consent in the form of adding your e-mail address to list of our subscribers.
You have the right to resign at any time from receiving this type of material through unsubscribe your e-mail address from the list of subscribers by following instructions in each e-mail message.
The right to limit: You have the right to request,that, the Foonka online store restrict the processing of your personal data under the following conditions:
How can you use your rights?
The Foonka online store takes the protection of your personal data very seriously, therefore an employee has been appointed, who will answer questions on the above issues. To contact him, write an e-mial to: firstname.lastname@example.org.
In case of reporting claims Foonka online store within one month of receiving the instruction will provide you with information about the actions taken about your request. In order to fulfil your request, we are entitled to verify your identity, in order to your data will not be sent to an unauthorized person.
Inspector for Personal Data Protection:
Foonka online store in order to guarantee the security of your personal data during processing period, has appointed the Personal Data Protection Inspector, to contact him, write to the email address: email@example.com in the subject of the message by entering the IODP.
The right to submit a complaint to the supervisory authority:
If you think that, the Foonka online store processes your personal information in the wrong way, you can contact us at: firstname.lastname@example.org.
You also have the right to file a complaint to supervisory authority- to the General Inspector for Personal Data Protection, in the future renamed : the President of the Office for Personal Data Protection.
1. The online Foonka Store does not gather any information automatically save for information contained in cookies.
2. Cookies are computer data, particularly text files, stored on the final device of the Website User and intended for the use of web pages of the Website. Cookies usually contain the name of the web page they come from, time of storage on the final device and their unique number.
3. The entity placing and having access to cookies on the final device of the Website User is: Dizeno Małgorzata Dziembaj, ul. Krasickiego 5/1, 71-333 Szczecin, NIP (tax identification no.): 8512902968, REGON (statistical no.): 321463929
4. Cookies are used to:
a) adjust the content of web pages of the Website to the preferences of the User and optimise their use; in particular, these files enable recognition of the device of the Website User and correct display of the web page adjusted to the User’s individual needs;
b) create statistics that help to understand in what way Users of the Website make use of web pages, which allows for improvement of their structure and content;
c) maintain session of the Website User (after logging in), thanks to which Users do not have to re-enter their user name and password on each subpage of the Website;
5. Within the Website, we use two basic types of cookies: session cookies and persistent cookies. Session cookies are temporary files that are stored on the final device of the User until logging out, leaving the web page or closing the software (web browser). Persistent cookies are stored on the final device of the User for a period predefined in their parameters or until they are deleted by the User.
6. Within the Website, we use the following types of cookies:
a) “strictly necessary” cookies that allow for using services available within the Website e.g. verification cookies used for services requiring verification within the Website;
b) cookies ensuring safety e.g. used to detect abuses connected with verification within the Website;
c) “performance” cookies gathering information on how web pages of the Website are used;
d) “functionality” cookies remembering settings selected by the User and allowing for personalization of the User’s interface e.g. in terms of chosen language or User’s region of origin, font size, appearance of the web page etc.;
e) “targeting” cookies providing Users with advertising content better tailored to their interests.
7. In many cases the software used for browsing web pages (web browser) by default allows for storage of all cookies on the final device of the User. Users of the Website may change settings regarding cookies at any time. In the web browser settings, you can choose the option to automatically block cookies or choose to be informed about every instance of placing cookies on the device of the Website User. Detailed information on possibilities and manners of handling cookies is available in the software settings (of the web browser).
9. Cookies placed on the final device of the Website User may be used also by advertisers and partners cooperating with the operator of the Website.
10. More information on cookies available in “Help” section in the menu of your web browser.