Conclusion of the agreement between the Purchaser and the Seller may be reached in two ways.
The Purchaser has the right before placing the order to negotiate any provisions of the agreement with the Seller, including changing the following terms. The aforementioned negotiations should be conducted in writing form and addressed to the Seller:
Zakład Elektroniki Profesjonalnej ALARM SERVICE Lukasz Gawor
Kamieńskiego st. 31, 30-644 KRAKOW
In case the Purchaser resigns from the possibility of concluding the agreement via individual negotiations, the following terms and conditions and the applicable legislation apply.
TERMS AND CONDITIONS:
Postal address - name of the seller or name of the institution, located in the village (in case of villages divided into streets: street, house number, apartment number or premises in case of village undivided into streets: name of the village and the number of real estate), zip code and town.
Address for complaints:
Zakład Elektroniki Profesjonalnej ALARM SERVICE Lukasz Gawor
Kamieńskiego st. 31, 30-644 KRAKOW
Quotation – overview of the available types of supplies and their costs available at the address: http://www.farfisa-shop.co.uk/en/content/3-terms-and-conditions-of-use
Zakład Elektroniki Profesjonalnej
ALARM SERVICE Lukasz Gawor
Kamieńskiego st. 31
tel: +44 20 3318 5270
Delivery - type of transport service including the carrier and the cost of service quoted at the price list situated at the address: http://www.farfisa-shop.co.uk/en/content/3-terms-and-conditions-of-use
Client - an adult, natural person with full legal capacity, legal person or organizational unit without legal personality and having capacity to act in law, making the purchase from the Seller directly related to their business or professional activity.
Code of good practice - a set of codes of conduct, in particular, ethical and professional standards referred to Article 2 , point 5 of the Act on Combating Unfair Commercial Practices of 23 August 2007, as amended.
Consumer- an adult, natural person with full legal capacity who buys a product from a Seller for purposes that do not fall within the sphere of his commercial or professional capacity.
Purchaser – both the Consumer and the Client.
Moment at which the goods are handed over- moment at which the Purchaser or a third party indicated by him will come into possession of good.
Payment - method of payment for the subject of the contract and delivery indicated at the address http://www.farfisa-shop.co.uk/en/content/3-terms-and-conditions-of-use
Product - minimum and indivisible amount of things that can be the subject of the contract, and which is presented in the Seller's store as a unit of measurement when determining the price (price / unit).
Subject of performance- subject of contract
Reception point - place at which the goods were handed over to the Purchaser which is not the postal address and which is listed in the statement provided by the Seller in the shop.
Item - movable object which is or can be the subject of the contract.
Krakow 30-565, Heltmana st. 40
phone: +44 20 331 85 270
address for correspondence: Kamieńskiego st. 31, 30-644 Kraków
Number of records: 3142/II/90-P.
Business records is conducted by the Mayor of Kraków.
NIP: 944 – 118 – 89 – 60 REGON: 351502244
BANK ACCOUNT DATA :
DEUTSCHE BANK PBC S.A. SWIFT: DEUTPLPX 66 1910 1048 2110 2439 8125 0003
25. System - a set of compatible IT equipment and software, providing processing and storage, as well as sending and reception of data through telecommunications networks using appropriate for the type of network terminal device, commonly called the Internet.
26. The completion date- number of hours or business days presented on the product card.
27. Agreement - an agreement concluded outside the trader's ordinary place of business or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in case of Consumers and sales contract within the meaning of Art. 535 of the Civil Code Act of 23 April 1964 in case of Purchasers.
29. Physical defect- discrepancy between the sold good and the agreement, especially when:
a) does not have properties which this type of item should have due to the purpose set forth in the agreement or resulting from circumstances or intended use;
b) does not have the properties about which existence the Seller assured the Consumer,
c) is not fit for purpose about which the Consumer advised the Seller after concluding the agreement, and the Seller did not enter a reservation in regard to such use;
d) was released to the Consumer incomplete;
e) in case it was incorrectly installed and started up, if these actions were carried out by the Seller or a third party for which the Seller is liable or by the Consumer who followed an instruction received from the Seller;
f) it does not have a property about which the manufacturer, its representative or a person who places the item on the market as part of its business activity and a person who by putting its name, trademark or other distinguishing marking on the sold item presents itself as its manufacturer assinto the agreement or if their content was corrected prior to entering into the agreement.ured, unless the Seller did not know these representations and, reasonably evaluating, could not know them or they could not affect the Consumer's decision on entering
30. Legal defect – a situation in which a sold item constitutes property of a third party or it is encumbered with a third party right or if restriction on use or disposal of the item results from a decision or judgment of a competent body.
31.Order – Purchaser's statement of will submitted through the shop, explicitly specifying: type and quantity of the products; type of delivery; type of payment; place of release of the item, details of the Purchaser, and directly aimed at concluding the agreement between the Purchase and the Seller.
§2 General terms and conditions
The agreement is concluded in the English language, in conformance with the Polish law and these regulations.
The place of release of the item must be in the area of the Republic of Poland or the country indicated by the Purchaser on the Order.
The Seller is obliged and undertakes to render services and deliver items free from defects.
All prices at www.farfisa-shop.co.uk are given in GB pounds. They are gross prices, what means they are inclusive of VAT at the applicable rate, charged to all purchases made in the European Union. Prices of the products does not include cost of delivery which is set out in delivery price list.
All terms are calculated in accordance with Art. 111 of the Civil Code, that is, a period expressed in days ends on the last day, and if the beginning of the period expressed in days is a certain event, the day on which the event occurred is not taken into account when calculating the period.
Confirmation, making available, recording securing any material provisions of the agreement in order to obtain access to this information takes place in the form of:
a) confirmation of the order by sending to an indicated email address: an order, pro forma invoice, information on the right to withdraw from the agreement, these regulations in PDF format, a draft of a form of withdrawal from the agreement in PDF format, links to download on one's own the regulations and the form of withdrawal from the agreement;
b) adding to a fulfilled order, sent to the indicated place of release of the items of printed out: proof of purchase, information on the right to withdraw from the agreement, these regulations, a draft of a form of withdrawal from the agreement.
The Seller does not charge any fees for communication with it with means of distance communication, and the Purchaser shall bear all its costs in the amount resulting from a contract concluded by it with a third party rendering to it a specific service allowing distance communication.
The Seller ensures the Customer that the proper operation of this online store will be achieved in the following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or later, Safari with the latest versions of Java and Flash, on screens with horizontal resolution over 1024 px. Using third-party software affecting the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to maintain the highest possible functionality of the http://www.farfisa-shop.co.uk store, all of the said software should be disabled.
The Purchaser may use a feature of saving its details by the shop in order to streamline the process of placing next orders. For this purpose the Purchaser should provide login and password necessary to gain access to its account. Login and password are a sequence of characters chosen by the Purchaser who is obliged to kept them in confidence and protect them against unauthorised access of third parties. The Purchaser may at any time access, correct or update the details or delete an account in the shop.
The Seller shall comply with the Code of Good Practise.
§3 Conclusion and realization of the agreement
1. Orders can be placed 24 hours a day.
2. To place the order, the Purchaser should perform at least the following actions, some of which may be repeated multiple times:
a) adding the product to the shopping basket;
b) selection of type of delivery;
c) selection of type of payment;
d) selection of place of release of the item;
e) placing an order in the shop by using the button "I checked the details. I want to send an order".
3. The agreement with the Consumer is concluded upon placing of the order.
4. Fulfilment of the Consumer's COD order is made immediately, and the order paid by a bank transfer or through an electronic payment system after crediting Consumer's payment to Seller's account.
5. The agreement is concluded with the Client upon acceptance of the order by the Seller, about which the Seller shall inform the Client within 48 hours from placing of the order.
6. Fulfilment of the Client's COD order takes place immediately after the agreement is concluded, and of the order paid by a bank transfer or through an electronic payment system after concluding the agreement and crediting the Client's payment to the Seller's account.
7. Fulfilment of the Client's order may be subject to payment of full value or a part of the value of the order or obtaining a trade credit limit at least equal to the value of the order or Seller's consent for sending the COD order (paid at receipt).
8. The object of the agreement will be sent within term outlined in the product sheet and for orders comprising multiple products, within the longest term out of terms indicated in the product cards. The term begins upon fulfilment of the order.
9.The purchased object of the agreement is sent together with a sale document chosen by the Purchaser through a type of delivery chosen by the Purchaser to the place of release of the item specified by the Purchaser in the order, together with enclosed appendices mentioned in Section §2(6b).
In casus where the time of realization of the order placed will increase considerably due to reasons independent of us, the invoice will be issued by the ordering party.
§4 The right to withdraw from the agreement
1. The Consumer has pursuant to Art. 27 of the Consumer Law the right to withdraw from the agreement concluded at a distance, without providing reasons and bearing costs, with the exception of costs set forth in Art. 33, Art. 34 of the Consumer Law.
2. The period for withdrawal from the agreement concluded at a distance is 14 days from the moment the item is released, and the term is deemed to have been observed if the declaration is sent prior to its expiry.
3. The Consumer may submit a declaration on withdrawal from the agreement on a form which draft constitutes appendix no. 2 to the Consumer Law, on a form available here or in other written form as stipulated by the Consumer Law.
4. The Seller excludes the possibility of submitting a declaration on withdrawal from the agreement in other form than in writing.
5. The Seller shall forthwith confirm receipt of the declaration on withdrawal from the agreement to the Consumer to email address (provided at the time of concluding of the agreement and other if it was specified in the submitted declaration).
6. In case of withdrawal from the agreement, the agreement is deemed to not have been concluded.
7. The Consumer is obliged to return to the Seller without undue delay, but not later than within 14 days from the date on which it withdrew from the agreement. The term is deemed to have been observed if the item is send prior to its expiry.
8. The Consumer sends on its own cost and risk the items which are the object of the agreement from which the Consumer withdrawn.
9. The Consumer does not bear costs of delivery of digital contents which are not recorded on a tangible medium, if it did not consent to fulfilment of the order prior to the expiry of the term of withdrawal from the agreement or was not informed on the loss of its right to withdraw from the agreement in the moment of giving such consent or the entrepreneur did not send a confirmation as provided for in Art. 15(1) and Art. 21(1) of the Consumer Law.
10. The Consumer is liable for reduction of the value of the item which is the object of the agreement in the result of using it in a different way than what is necessary to establish its nature, characteristics and functioning.
11. The Seller shall without undue delay, but not later than within 14 days from receipt of the declaration on withdrawal from the agreement submitted by the Consumer, return to the Consumer all payments made by the Consumer, including costs of delivery of the items, and if the Consumer chosen other method of delivery than the cheapest ordinary method of delivery offered by the Seller, the Seller will not reimburse additional costs to the Consumer pursuant to Art. 33 of the Consumer Law.
12.The Seller reimburses the payment with the method of payment that was used by the Consumer, unless the Consumer clearly agreed to a different method of payment which does not expose it to any costs.
13.The Seller may withhold reimbursement of payment received from the Consumer until the item is returned to the Seller or providing by the Consumer a proof of sending the item, depending on which occurs earlier.
14. As stipulated by Art. 38 of the Consumer Law, the Consumer does not have the right to withdraw from the agreement:
a) in which the price of compensation depends on fluctuations on the financial market which are beyond Seller's control and which may occur before the term of withdrawal from the agreement;
b) in which the object of the order is the non-prefabricated item, manufactured according to Consumer's specifications or for the purpose of satisfying its individual needs;
c) in which the object of the order is the item which deteriorates or expires rapidly;
d) in which the object of the order is the item delivered in sealed packaging which may not be returned after opening of the packaging due to health protection or for hygienic reasons, if the packaging was opened after delivery;
e) in which the object of the order are items which after delivery, due to their character, become inseparably combined with other items;
f) in which the object of the order are sound or visual recordings or computer software delivered in sealed packaging, if it was opened after delivery;
g) for delivery of digital contents which are not recorded on a tangible medium, if fulfilment of the order was commended upon explicit consent of the Consumer prior to the expiry of the term of withdrawal from the agreement and after informing it by the entrepreneur about the loss of the right to withdraw from the agreement;
h) for delivery of daily papers, periodicals or magazines, with the exception of subscription agreement.
§5 Statutory Warranty
1. The Seller pursuant to Art. 558(1) of the Civil Code fully excludes liability towards the Customers on account on physical and legal defects (statutory warranty).
2. The Seller is liable towards the Consumer under the principles set out in Art. 556 of the Civil Code and subsequent ones for defects (statutory warranty).
3. In case of the agreement with the Consumer, if a physical defect was found before the expiry of one year from the moment the item was released, it is deemed to have existed in the moment of transferring of the risk onto the Consumer.
4. If the sold item has a defect, the Consumer may:
a) submit a declaration on the demand of reduction of the price;
b) submit a declaration on withdrawal from the agreement;
unless the Seller without undue delay and excessive inconvenience for the Consumer replaces the defective item with the item free of defects or remedies the defect. However, if the item was already replaced or repaired by the Seller or the Seller did not discharge the obligation of replacement of the item with the item free of defects or remedying the defect, it does not have the right to replace the item or remove the defect.
5. The Consumer may, instead of remedying of the defect offered by the Seller, demand replacement of the item with the item free of defects or instead of the replacement of the item, demand remedying the defect, unless making the item consistent with the agreement with a method chosen by the Consumer is impossible or it would require excessive costs compared to the method proposed by the Seller, where in the assessment of excessiveness of costs the value of the item free of defects, type and significance of found defect, and inconvenience to which the Consumer would be exposed due to other method of satisfying Consumer's demand are taken into account.
6. The Consumer may not withdraw from the agreement if the defect is insignificant.
7. If the sold item has a defect, the Consumer may also:
a) demand replacement of the item with the item free of defects;
b) demand remedying the defect.
8. The Seller is oblige to replace the defective item with the item free of defects or remove the defect within a reasonable period of time without causing excessive inconvenience to the Consumer.
9. The Seller may refuse to satisfy Consumer's demand if making the defective item consistent with the agreement with the method chosen by the Purchaser is impossible or compared with the second possible method of making the item consistent with the agreement it would require excessive costs.
10. In the event the defective item was installed, the Consumer may demand from the Seller dismantling and reinstallation after replacement with the item free of defects or remedying the defect, but it is obliged to bear of costs related with it, which exceed the price of the sold item or may demand from the Seller payment of a part of the costs of dismantling and reinstallation, up to the value of the sold item. If the Seller fails to discharge this obligation, the Consumer shall be entitled to take these actions on Seller's expense and risk.
11. The Consumer who exercises rights under the statutory warranty is obliged to deliver, on Seller's expense, the defective item to the address for complaints, and if due to a type of the item or the method of its dismantling delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller in the place in which the item is located. If the Seller fails to discharge the obligation, the Consumer shall be entitled to send the item on Seller's expense and risk.
12. Costs of replacement or repair shall be borne by the Seller, with the exception of the situation detailed in §5 (10).
13. The Seller is obliged to collect the defective item from the Consumer in case of replacement of the item with the item free of defects or withdrawal from the agreement.
14. The Seller shall respond within fourteen days to:
a) a declaration on demand of reduction of the price;
b) declaration on withdrawal from the agreement;
c) a demand of the replacement of the item with the item free of defects;
d) a demand of remedying the defect.
Otherwise the Seller is deemed to have accepted the Consumer's declaration or demand.
15. The Seller is liable under the statutory warranty if the physical defect is found before two years elapse from the moment the item is released to the Consumer, and if the object of the sale is the used item, before one year elapses from the moment the item is release to the Consumer.
16. Consumer's claim for remedying of the defect or replacement of the sold item for the item free of defects is time-barred after one year from the day of finding the defect, but no earlier than before two years from the moment the item is released to the Consumer, and if the object of the sale is the used item, before one year from the moment the item is released to the Consumer.
17. In the event the expiration date of the item specified by the Seller or the manufacturer is exceeded after two years from the moment the item is released to the Consumer, the Seller shall be liable under the statutory warranty for physical defects of this item found before the expiry of this term.
18. Within the terms set forth in §5 (15-17) the Consumer may submit a declaration on withdrawal from the agreement or reduction of a price due to the physical defect of the sold item, and if the Consumer demanded replacement of the item with the item free of defects or remedying of the defect, the term for submitting a declaration on withdrawal from the agreement or reduction of the price begins when the term for replacement of the item of remedying of the defect expires and the demanded actions are not taken.
19. In case of pursuing before the court or the arbitration court of one of the rights under the statutory warranty, the term of exercising other rights of the Consumer on this account is suspended to the time of final conclusion of the proceedings. It applies to the arbitration proceedings, accordingly, where the term for exercising other Consumer's rights under the statutory warranty begins from the day of the court's refusal to approve settlement made before an arbitrator or conclusion of the arbitration without any results.
20. §5(15)-(16) shall apply to exercising rights under the statutory warranty for legal defects of the sold item, where the term begins from the day in which the Consumer learned about the defect, and if the Consumer learned about the defect only in the result of bringing action by a third party – from the day in which the judgment awarded in a dispute with the third party became final.
21. If due to the defect of the item the Consumer submitted a declaration on withdrawal from the agreement or reduction of the price, it may demand remedying of damage incurred in the result of the fact that it concluded the agreement, not being aware about the existence of the defect, even if the damage was caused by circumstances not attributable to the Seller , and in particular it may demand reimbursement of the costs of concluding of the agreement, costs of pick-up, transport, storage and insurance of the item, reimbursement of incurred expenditures to the extend it did not gain benefits out of them, and they were not reimbursed by a third party, and reimbursement of costs of the court proceedings, notwithstanding the laws on the obligation of remedying the damage according to general principles.
22. Elapsing of any term for finding the defect does not exclude exercising rights under the statutory warranty if the Seller fraudulently concealed the defect.
23. If the Seller is required to a benefit or a financial benefit to the Consumer will do so without undue delay, and no later than the period provided for in the law.
1.The administrator of databases of personal data provided by the Consumers of the shop is the Seller.
2.The Seller agrees to protect personal data in accordance with the Act on Personal Data Protection of 29.08.1997 (Journal of Laws No 133 item 883) and the Act on Electronic Service Provision (Journal of Laws No 133 item 1204). The Purchaser, stating their personal data to the Seller, agrees for this data to be processed by the Seller for the purpose of the placed order’s realization. The Purchaser is able to access, modify, update, or delete his/her personal data at any time.
§7. Final Provisions
1. None of the following terms and conditions’ provisions aim at violation of the Purchaser’s right. They cannot be interpreted this way either, for in case of any part of the terms and provisions’ discrepancy with the applicable laws, the Seller declares unconditional submission to and application of these laws in place of the challenged terms and conditions’ provision.
2. Registered Customers will be notified about changes to the Rules (Terms & Conditions) and their scope. The notification will be sent via e-mail (indicated by Customer when registering or ordering) at least 30 days prior to the entry into force of the new Rules. The changes will be introduced in order to bring the Rules into law in force.
3. The current version of the terms and conditions is always available for the Purchaser in the Regulations tab: http://www.farfisa-shop.co.uk/en/content/1-shop-regulations. The Purchaser is bound by the terms and conditions accepted during order placement during the order’s realization and all throughout after-sales care. Except for a situation where the Consumer deems them less favorable from the current ones and informs the Seller about his/her choice of the current terms and conditions as binding.
4. Matters not regulated by these terms and conditions are decided by the relevant legal provisions in force. Disputes are considered by locally and materially competent court.
Version 12.5 (Kraków, 25.12.2014)