Terms and rules of the FLICKON STORE (hereinafter referred to as "Regulations")
Content:
- § 1 General Provisions
- § 2 Definitions
- § 3 Contact with the Store
- § 4 Technical requirements
- § 5 General information
- § 6 Registration and deletion of the account in Store
- § 7 Ordering rules
- § 8 Offered delivery and payment methods
- § 9 The Sales Agreement
- § 10 The right to withdraw from the Sales Agreement
- § 11 Complaints
- § 12 Provisions regarding Entrepreneurs
- § 13 Personal Data and Privacy in the Online Store
- § 14 Final provisions
Annex 1 The template for resigning from the contract
§ 1
General Provisions
- The FLICKONSTORE online store, available at www.flickonstore.pl, is run by FLICKON sp. z o.o. Based in Bielsko-Biała, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register, at the address: ul. Urodzajna 1/11, 43-300 Bielsko-Biała, under the NCR 0000941784, TAX 9372740318.
- These Regulations are addressed to consumers and Entrepreneurs using the Store and define the rules of using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§ 2
Definitions
- Order form - an interactive agent available in the Store or on the website of the Sales Agent as part of the purchase of products for purchases and sales orders, including the method of delivery and payment;
- Client - any trading entity;
- Account - the Customer's account in the Store, where the collection is provided by the Customer and information about the project by ordering in the Store;
- Consumer - a natural person who does not run a natural person, a natural person who runs a business, a natural person, a seller, a natural person who does not run a seller, who includes the Seller of the service provider as part of the Store, which is a service directly with its service or service activity;
- Cart - a quantitative element in the Store, in which the Products available by the Customer are visible, also enables the determination and determination of the amount of data and the Order in terms of the decisive products;
- Product - electricity in the Store, a movable item Insulting the Sale between the Sale and the Seller;
- Product Card - a page with detailed information about the Product selling in the Store;
- Sales broker - a sales portal through which he could sell products other than the Store that happened on the Store website. www.ebay.com and www.etsy.com portals;
- Entrepreneur - a natural person running a business, a person who does not work as a person who will not work as the author of the work, the work has been granted authorization by our Seller who works as a company that uses the Store;
- Store - an online store run by the Seller at the internet address flickonstore.pl;
- Seller - FLICKON sp.z o.o. Zoo. based in Bielsko-Biała, entered into the Register of Entrepreneurs of the National Court Register, adapted by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register, at the address: ul. Urodzajna 1/11, 43-300 Bielsko-Biała, under the KRS number: 0000941784, NIP number: 9372740318 and REGON number: 520766337;
- Sales Agreement - The Product Sales Agreement contains a sales agreement between customers and sales via the online Store. By the Sales Agreement, I also understand - I understand the features of the Product - for the provision of services and specific work;
- Online contract - contract for participation in services, without analysis of the presence of the party, with the sole contractor of services that you have performed or will use the services that you had performed at the time when you performed the contract;
- Order - declaration: The Customer prefers systematically reviewing information about orders or orders.
§ 3
Contact
- The Seller allows you to contact him, regardless of the time of day, as follows:
- by post at the following postal address: Urodzajna 1/11, 43-300 Bielsko-Biała;
- e-mail contact at the following e-mail address: contact@flickon.pl
- The Seller also allows you to contact him by phone at the following telephone number: +48 668 638 130, from Monday to Friday from 10.00 to 16.00.
- The Seller has the following bank account numbers:
- PL 25 1140 2004 0000 3702 8203 6091 - for transactions in the Polish Zloty
- PL 58 1140 2004 0000 3412 1443 8347- for transactions in euro;
§ 4
Technical requirements
- For proper and uninterrupted use of the Store, including browsing the Store's assortment and placing orders for Products, the Customer should have:
- a terminal device with access to the Internet (e.g., computer, tablet, or smartphone) and a web browser installed to the latest version;
- an active e-mail account (e-mail);
- enabled cookies.
§ 5
General information
- The products sold by the Seller are both made to the Customer's Order, following the specifications presented in the Order Form, and made according to the general specification, without the possibility of making changes to them at the Customer's request. The appropriate information can be found next to a given product each time.
- To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions, in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Customer's technical infrastructure.
- Browsing the Store's assortment and placing orders does not require creating an Account. However, the Customer may do so. Registration takes place following the rules set out in § 6. The above does not apply when the Product is purchased from the Seller through an intermediary in sales.
- Placing Orders by the Customer for Products in the Store's assortment is possible by providing the necessary data about the Product and personal and address data, enabling the Order to be processed.
- The prices in the Store, i.e., in the Product Card, are given in euros and are gross, including a commission for the payment operator and VAT, due to TAX, if applicable.
- The amount to be paid by the Customer consists of the Product's price and delivery cost. The Customer is informed about the total amount to be paid when placing the Order.
- The Seller reserves the right to make changes to the prices of products on an ongoing basis and conduct promotional campaigns and sales on the terms specified in the message informing about a given promotional campaign and Sale. The Customer has no right to demand that the Product price change be taken into account if the Order is placed before the date of entry into force of the price change, promotional campaign conditions, or sales.
§ 6
Registration and deletion of the account in the Store
- The Customer can create an account in the Store on the spot to place the registration.
- Registration in the Store is free
- To register, the user could now:
- e-mail address;
- password
- Login data are login data, which is mandatory each time you try to log in to your account in the Store.
- Entrepreneurship of the website, the Customer should have content with the content of the Regulations and a statement that confirms that we confirm the acceptance of the Regulations and their content. Acceptance of the Regulations is optional, but the lack of it makes it impossible to create an account in the Store.
- After creating an account in the Store, it should be stopped:
- name and surname (required / optional);
- e-mail address (required / optional);
- telephone number (required / optional);
- company (required / optional);
- address, i.e., street, house / flat number, zip code, and place of residence (required / optional);
- country (required / optional);
- The Customer may delete the account in the Store. For this, it will fail to log in and then become immobile with my steps.
- The Customer acknowledges that deleting accounts in the Store is irreversible.
- The rules for registering for Sales Agents are set out in their regulations.
§ 7
Rules for Placing an Order
To place an Order:
- select the Product, taking into account the number of its copies, and then add it to the basket using the "Add to basket" button;
- after completing the Order, go to the basket to verify the specification and quantity of the Order;
- after verifying the Order, proceed to its implementation using the "Complete the order" button;
- Provide the following data for delivery in the Order Form:
- name and surname (required);
- e-mail address (required);
- telephone number (required);
- company (optional);
- address, i.e., street, building number, apartment number (required), postal code and city (required);
- country (required);
- order comment (optional);
- provide the following invoice details:
- Name and surname or name constituting the company (required);
- TAX (required);
- address, i.e., street, building number, apartment number (required), postal code, and city (required);
- phone number (required);
- country (required);
- choose a payment and delivery method;
- use the "Summary" button;
- Depending on the selected payment method, confirm the Order and proceed to payment using the "Confirm and pay for the order" button, or only confirm the Order using the "Confirm order" button.
§ 8
Delivery and payment methods
- The Customer can use the following delivery methods:
- courier delivery,
- pickup in person.
- The following carriers handle deliveries in the form of courier services:
- in the European Union - GLS, DPD, DHL, Correos, Collissimo, Deutsche Post, Austrian Post, Post NL,
- outside the European Union - UPS, FedEx, Royal Mail, Hermes
- After the Product has been made and handed over to one of the carriers mentioned above, delivery time depends on the country where the delivery takes place - from 1 day to 3 weeks.
- The Customer is informed about the delivery cost when choosing the delivery method after specifying the country where it is to take place.
- The Customer can use the following payment methods:
- Transfer to the Seller's bank account indicated in § 3 para. 3 of these Regulations.
- by using the electronic payment system - via PayPal (www.paypal.com);
- via Stripe payment methods
- If the purchase is made through the website of the Sales Agent, the Customer may use the payment methods offered by the Sales Agent.
§ 9
Performance of the Sales Agreement
- The conclusion of the Sales Agreement between the Customer and the Seller occurs after the Customer has placed an Order using the Order Form in the Store, by § 7 of the Regulations, or on the website of the Sales Agent.
- After placing the Order, the Seller immediately confirms its receipt and, at the same time, accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- Regardless of the payment method, according to § 8 sec. 4 and 5 of the Regulations, the Customer is obliged to pay the amount of the Order.
- The Product execution time is up to 31 business days, with the proviso that a longer execution time may be provided for a given Product. In this case, the relevant information can be found next to the Product.
- The commencement of the period for the Product's performance and delivery to the Customer is counted from when the Seller accepts the Order for execution.
- Product delivery takes place all over the world.
- If the Customer provides an incorrect or inaccurate delivery address, the Seller shall not be liable for non-delivery or delay in delivery of the Product. The above also applies to the costs of transporting the Product, including sending the Product to an incorrect address provided by the Customer, returning the Product to the Seller as a result of the Customer indicating an inaccurate address, as well as resending the Product to the correct address of the Customer.
§ 10
The withdrawal of the Sales Agreement
- The right to withdraw from a distance contract is not entitled to the Consumer to the agreement:
- For the provision of services, if the Entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the Entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons if the packaging has been opened after delivery;
- in which the subject of the service are items that, after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service is alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Entrepreneur has no control;
- in which the Consumer expressly demanded that the Entrepreneur come to him to make urgent repairs or maintenance; if the Entrepreneur provides additional services other than those requested by the Consumer or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract about additional services or items;
- in which the subject of the service is sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- or the delivery of newspapers, periodicals, or magazines, except subscription contracts;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract indicates the day or period of service provision;
- for the delivery of digital content that is not recorded on a tangible medium if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the Entrepreneur about losing the right to withdraw.
- In the event other than that indicated in sec. 1, the Consumer may withdraw from the Sales Agreement within 14 days without giving any reason. Run of the time mentioned above limit begins with the possession of the item by the Consumer or a third party designated by him other than the carrier.
- In the case of an Agreement covering many Products delivered separately, in batches, or parts, the date specified in paragraph 2 runs from the delivery of the last Product, batch, or part.
- The Consumer may withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement. To meet the deadline for withdrawing from the Sales Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
- The statement may be sent by traditional mail or e-mail by sending the statement to the postal or e-mail addresses specified in § 3 sec—1 of these Regulations.
- The statement may also be submitted on the form, the specimen of which is attached as Appendix 1 to these Regulations and an attachment to the Act of May 30, 2014, on consumer rights, but it is not obligatory.
- Suppose the Consumer sends the declaration by e-mail. In that case, the Seller shall immediately send the Consumer, to the e-mail address provided, confirmation of receipt of the declaration of withdrawal from the Sales Agreement.
- The effects of withdrawing from the Sales Agreement are as follows:
- in the event of a deviation from the Distance Agreement, the Agreement shall be deemed not to have been concluded;
- in the event of a deviation from the Sales Agreement, the Consumer Ombudsman, no later than 14 days from the Consumer from the day from the Consumer and from the day of the Sale, all contracts payable by him, in the costs they include, except for the Consumer, in a manner other than a new one the usual method of change by the Seller;
- reimbursement, as applicable, such methods, which will be made by the Consumer wishing to make the payment unless the user can agree to other needs that will not have to be for
- The Consumer returns the Product to the address where the sellers are selling the Sale, not than the days on which he informed the Seller about the withdrawal from the Seller. The Consumer will meet the deadline if he sends the Product back within 14 days.
- The Consumer bears the costs of returning the products, as well as the costs of returning the products, due to their nature, which must be paid on a different Product than undertaking the return.
- If, due to the nature of the Product, it cannot be returned by regular mail, information about this and the costs of returning the Product will be included in the Product description in the Store.
- The Seller is not obliged to refund the amount directly to the Consumer if he has paid for the Order using someone else's bank account, credit, or payment card. In such a case, the refund will be made directly to the holder of the bank account, credit, or payment card with which the payment was made to the Seller or otherwise, with the Customer's express consent.
§ 11
Complaints
- The additional Sales Agreement is for new Products.
- In case of a complaint based on the provisions of the product codes, customers have the right to complain based on well-thought-out solutions. The parties exclude the mechanism under warranty if the Client is an Entrepreneur.
- If the Product is a warranty, the Customer will be informed about it by increasing the product information.
- The complaint must be made in writing or as specified in § 3 section 1 of the Seller or the Seller when presenting an electronic complaint stand, Sale by the Seller on one of the Store's subpages.
- In the complaint, the Customer should indicate in particular:
- the type of defect;
- date of its occurrence;
- Acting in the scope of the manner of performing the Product to the state compliant with the Sales Agreement or introducing a price reduction or a request to withdraw from the Sales Agreement;
- by e-mail about orders and the conclusion of the Sale.
- The Seller will respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days.
- If the Seller does not respond to the Consumer's complaint within 14 days, it is considered that the Consumer's request has been considered justified.
- Products sent as part of the complaint procedure should be sent to the address given in § 3 of these Regulations.
- In the event of a refund caused by the acceptance of the complaint, the provisions of § 10 of these Regulations will apply accordingly.
§ 12
Entrepreneurs
- The provisions of this paragraph apply only to Entrepreneurs.
- The Seller's liability under warranty for the Product towards the Entrepreneur is excluded.
- As soon as the Entrepreneur hands over the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Entrepreneur. In such a case, the Seller shall not be liable for any loss, defect, or damage to the Product arising from that moment, including delay in delivery.
- The Entrepreneur is not entitled to withdraw from the concluded Sales Agreement.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Entrepreneur within 14 calendar days from its conclusion.
- Withdrawal from the Sales Agreement, in this case, may take place without reason and does not give rise to any claims on the part of the Entrepreneur against the Seller.
- The Seller may terminate the Sales Agreement concluded with the Entrepreneur immediately and without indicating the reasons for such termination. In such a situation, sending the Entrepreneur an appropriate statement will be sufficient.
- The Seller's liability towards the Entrepreneur is limited, regardless of its legal basis, up to the amount of the price paid and the cost of delivery of the Product under the Sales Agreement. The Seller is not liable to the Entrepreneur for lost profits.
Any disputes arising between the Seller and the Entrepreneur shall be submitted to the court having jurisdiction over the Seller's seat.
§ 13
Personal data and privacy
- The administrator of clients' data, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation), collected via the Online Store, is the Seller.
- The data is processed following the Privacy Policy, available on the Seller's website at https://flickonstore.pl/pages/terms-of-services.
- The personal data administrator is not responsible for providing false personal data to the Customer.
- The Seller undertakes to delete files sent to his server after 30 days from the moment of sending.
§ 14
Final Provisions
- Agreements concluded through the Store are concluded in English, Polish, or German, depending on the subpage.
- The Seller reserves the right to amend the Regulations for important reasons, that is, changes in the law, changes in the Store's operation system, changes in the date of the Product's performance, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least seven days before.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular the Act of April 23, 1964, the Civil Code, the Act of July 18, 2002, on the provision of electronic services, the Act of May 30, 2014, on consumer rights, the Act of May 10 2018 on the protection of personal data.
- The provision of paragraph 3 does not deprive the Consumer of the protection granted by the law of the state of his habitual residence if these are more favorable to him. The agreement cannot exclude these provisions.