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Regulations

TERMS AND CONDITIONS OF THE ONLINE SHOP

 

WWW.FORCELL.PL

 

§ 1

GENERAL PROVISIONS

  1. The Shop www.forcell.pl operates under the terms and conditions hereof.

  2. The Terms and Conditions specify the conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Shop www.forcell.pl, the rules for the provision of these services, the terms and conditions for the conclusion and termination of agreements for the provision of services electronically.

  3. Each Customer, upon undertaking activities aimed at using the Electronic Services of the Shop www.forcell.pl, shall be obliged to comply with the provisions hereof.

  4. In the matters not regulated by these Terms and Conditions the following provisions shall apply:

    1. Act on Provision of Electronic Services of 18 July 2002,

    2. Consumer Protection Act of 30 May 2014,

    3. Out-of-court Settlement of Consumer Disputes Act of 23 September 2016,

    4. Polish Civil Code of 23 April 1964 and other applicable provisions of the Polish law.

 

§ 2

DEFINITIONS

 

  1. CONTACT FORM - the form is available at www.forcell.pl and it enables sending messages to the Service Provider.

  2. REGISTRATION FORM - the form is available at www.forcell.pl and it enables creating new accounts

  3. ORDER FORM - the form is available at www.forcell.pl and it enables placing orders

  4. CUSTOMER - a Customer who intends to conclude or has concluded the Sales Agreement with the Seller.

  5. CONSUMER - A natural person who performs a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.

  6. ACCOUNT - marked with an individual name (login) and password, a set of resources in the Service Provider's ICT system, in which the Customer's data are collected, including information about the placed Orders.

  7. PRODUCT - a movable item or service available in the Shop, which is the subject of a Sales Agreement between the Customer and the Seller.

  8. TERMS AND CONDITIONS - these Terms and Conditions of the Shop.

  9. SHOP - the Internet Shop of the Service Provider operating at www.forcell.pl

  10. SELLER, SERVICE PROVIDER - PARTNER TELE.COM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA (Limited Liability Company, limited partnership) entered into the register of entrepreneurs of the National Court Register, kept by the District Court for Kraków Śródmieście in Kraków, XI Economic Department of the KRS (National Court Register Number), under the number KRS 0000499669, with its registered seat: ul. Sołtysowska 22, 31-589 Krakow, address for communication: Siwka 27, 31-588 Krakow, NIP (Tax Identification Number): 6792675514, REGON number: 356286319, email address: kontakt@forcell.pl, phone number: +48 721 808 007.

  11. SYSTEM OF OPINIONS - Electronic Service made available to Customers by the Service Provider, allowing them to post opinions regarding Products.

  12. SALES AGREEMENT - the Product Sales Agreement concluded by and between the Customer and the Seller through the Shop.

  13. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Shop.

  14. CLIENT - a natural or legal person or unincorporated organizational body which is by law granted legal capacity, regarding the use of the Electronic Service.

  15. ORDER - declaration of will of the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.

 

§ 3

INFORMATION REGARDING PRODUCTS AND ORDERS

 

  1. The Shop www.forcell.pl provides sale of Products online.

  2. The products offered by the shop are new, free from physical or legal defects and have been legally launched to the market.

  3. The information available on the website shall not constitute an offer under the provisions of law. The Customer, when placing an order, makes an offer to buy the particular Product under the terms and conditions stipulated in the description thereof.

  4. The Product price presented on the website of the Shop are in PLN and include all the components, including VAT tax. The price does not include the delivery cost.

  5. The Product price from the Shop’s website shall be binding upon placing the Order by the Customer. The Price shall not be changed regardless of the changes of prices at the Shop, which may occur after placing the Order by the Customer and regard particular Products.

  6. The Order may be placed:

    1. at the website using the Order Form (Shop www.forcell.pl) - 24/7,

    2. by email, at kontakt@forcell.pl,

    3. by phone: +48 721 808 007.

  1. The Customer is not obliged to create the account at the Shop in order to place the Order.

  2. Reading and accepting the provisions of the Terms and Conditions while placing the Order is a condition of order placing.

  3. The Store processes Orders placed from Monday to Friday during the Store's business hours, i.e. From 8:00 am to 4 pm on business days. Orders placed on business days after 12:00, on Saturdays, Sundays on holidays will be processed on the next business day.

  4. Discounted Products (sale) are available in a limited number and Orders for them will be processed in the order they are received until the stock of the Product is exhausted.

  5. At the website's menu under the "Downloads" tab, the Seller provides manuals for the Products.

 

§ 4

CONCLUSION OF THE SALES AGREEMENT

 

  1. In order to conclude the Sales Agreement, it is necessary for the Customer to previously place an Order by means made available by the Seller, in accordance with § 3 item 6 and 8 hereof.

  2. Once the Order is placed, the Seller without delay confirms its receipt.

  3. Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, shall be binding for the Customer, regarding the Order. The confirmation of the receipt of the Order shall be sent by email.

  4. The confirmation of the receipt of the Order shall include:

    1. confirmation of all important elements of the Order,

    2. withdrawal form,

    3. these Terms and Conditions, including instructions on the right to withdraw from the contract.

  5. After verifying the Order, the Seller without delay shall confirm the acceptance of the Order for execution, by sending an e-mail. Confirmation of acceptance of the Order shall be binding for the Customer, regarding the Order.

  6. As soon as the Customer receives the e-mail message referred to in item 5 of this paragraph, a Sales Contract shall be concluded between the Customer and the Seller.

  7. Each Sales Agreement will be confirmed by a proof of purchase (registered invoice), which will be sent by e-mail in pdf format to the Customer's email address provided in the Order Form.

 

§ 5

METHODS OF PAYMENT

 

  1. The Seller offers the following methods of payment:

    1. traditional bank transfer,

    2. payment through BlueMedia electronic payment system

    3. payment on delivery at the supplier's premises, i.e. cash on delivery.

  2. In the case of payment by traditional transfer, payment should be made to the bank account number: 20 1240 6292 1111 0011 0673 6095 Bank Pekao SA PARTNER TELE.COM SP. SP. Z O.O. Sp.k. ul. Sołtysowska 22, 31-589 Krakow, Polska, NIP (Tax Identification Number): 6792675514. Please write "Order No. ..." in the title of the transfer.

  3. In the case of payment through an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.

  4. In the case of payment on delivery, the shipment shall be sent after verification of the correctness of address data. The Customer is obliged to pay for the Order and to collect the Product from a deliverer.

  5. The Customer is obliged to pay the price resulting from the Sales Agreement within 3 business days of its conclusion, unless the Sales Agreement provides otherwise.

  6. In the case of selecting payments methods specified in points 1.1 and 1.2 of this paragraph, the Product shall be shipped only after payment.

 

§ 6

COST, TIME AND METHODS OF DELIVERY

 

  1. Costs of the Product delivery, which shall be covered by the Customer, are determined during the process of placing the Order and depend on the choice of payment method and delivery method of the purchased Product.

  2. The delivery time of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier.

    1. The time of completion of the Products is 24 hours from the moment of:

  1. posting of funds paid under the Sales Agreement on the Seller's account or

  2. positive authorization of the transaction by an electronic payment system or

  3. acceptance of the Order for execution by the Seller in case of selection of payment on delivery.

    1. Delivery of Products that are movables by the carrier shall be made within the time declared by the carrier, i.e. 24 h from the moment of shipment (delivery is made only on working days excluding Saturdays, Sundays and holidays).

  1. Products purchased from the Shop shall be shipped via the Polish Post Service, Automated Parcel Machine or courier service.

 

§ 7

CLAIMS OF DEFECT

 

  1. Guarantee claims.

    1. All Products offered in the Shop have a guarantee valid in the territory of the Republic of Poland.

    2. The guarantee period may be different for different Products and shall be calculated from the date of Product delivery to the Customer.

    3. The document entitling to guarantee protection is the warranty card or proof of purchase.

    4. Detailed information regarding the guarantee period and guarantee terms and conditions, as well as the Customer's rights under the guarantee, is contained in the warranty card attached to the Product or made available at the website of the Shop.

    5. The guarantee does not exclude the rights of the Consumer and the entities referred to in § 10 hereof under the statutory warranty for physical and legal defects of the Product, as defined in the Civil Code.

  1. Warranty claims.

    1. The basis and scope of the Seller's liability to a Customer who is a Consumer or an entity referred to in §10 hereof under a warranty covering physical and legal defects are set forth in the Civil Code Act of April 23, 1964.

    2. Notifications regarding the Product’s defects and filing an appropriate claim can be done by email, at reklamacje@forcell.pl or in writing at ul. Sołtysowska 22, 31-589 Krakow.

    3. The above-mentioned written or email message should include as much information and description of circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.

    4. In order to assess the physical defects of products, they must be delivered to: ul. Siwka 27, 31-588 Krakow,

    5. The Seller will respond to the Customer's request without delay, but no later than within 14 days of the complaint.

    6. In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 hereof - failure to consider the complaint within 14 days of its submission shall be tantamount to its acceptance. In connection with a legitimate complaint of a Customer who is a Consumer or an entity referred to in § 10 hereof, the Seller shall cover the costs of collection, delivery and replacement of the Product with a defect-free one.

    7. The response to the complaint shall be provided on paper or other durable medium, such as an email or SMS message.

 

§ 8

THE RIGHT TO WITHDRAW FRON THE CONTRACT

 

  1. Subject to observance of point 10 hereof, the Customer who is also a Consumer or an entity referred to in § 10 hereof, who has concluded a remote agreement, may withdraw from it without giving reasons, making an appropriate statement within 14 days. To meet this deadline it shall be sufficient to send a statement of withdrawal which is available by the Store

  2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 hereof are obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it without delay, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller offered to collect the Product himself. To meet this deadline it shall be sufficient to sent back the Product sooner than after the lapse of that period.

  3. In the case of the withdrawal from the Sales Agreement, the Product must be returned to the following address: ul. Siwka 27, 31-588 Krakow.

  4. Consumer or the entity referred to § 10 hereof, shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. In order to determine the characteristics and functioning of the Product the Consumer or the entity referred to in § 10 hereof, should handle and inspect the Product only in the same way, as they would do in case of a stationary shop. In the event of diminishing the value of the Product by the Consumer or an entity referred to in § 10 hereof, a claim for damages arises on the part of the Seller. The Seller shall be entitled to satisfy the aforementioned claim by deducting the value of the claim for compensation for diminution of the item’s value from the claim of the Consumer or the entity referred to in § 10 for reimbursement of costs incurred in connection with the concluded Sales Agreement. The Seller is obliged to make a declaration to the Customer stating the deduction and specifying the amount of deduction before making the deduction. The amount of the deduction shall be determined separately in the event of the Product value diminution, taking into account the damages caused by the Customer.

  5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with its delivery costs using the same method of payment used by the Consumer, unless the Consumer or the entity referred to in § 10 hereof have expressly agreed to a different method of return that shall not incur any expenses. Subject to point 7 of this paragraph, the return shall be made without delay, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.

  6. In the event of choosing by the Consumer or an entity referred to in § 10 hereof the Product delivery method different than the cheapest method of delivery offered by the Shop, the Seller shall not be obligated to refund the extra costs.

  7. In the event that the Seller does not offer to collect the Product from the Consumer or an entity referred to in § 10 hereof or and by itself, shall be entitled to withhold reimbursement of payments received from the Consumer until receiving the item back or providing by the Consumer or an entity referred to in § 10 hereof the proof of shipment, whichever event occurs first.

  8. The Consumer or an entity referred to in § 10 hereof withdrawing from the Sales Agreement, pursuant to point 1 of this paragraph, shall only bear costs of shipment of the Product back to the Seller.

  9. The 14-day time limit allowing the Consumer or an entity referred to in § 10 hereof to withdraw from the contract shall be calculated from the day that the Consumer or an entity referred to in § 10 hereof came into possession of the Product, and regarding the service - from the day of the contract conclusion.

  10. The right to withdraw from the contract concluded remotely shall not be applicable for the Consumer or an entity referred to in § 10 hereof, in case of the Sales Agreement:

    1. in which the subject of contractual obligations is not prefabricated, is produced pursuant to the Consumer’s specifications or meeting their individual needs,

    2. in which the subject of contractual obligations is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery,

    3. in which the subject of contractual obligations are items that, after delivery, due to their nature, become inseparable from other things,

    4. in which the subject of contractual obligations is a service, provided that the Seller has performed the service in full with the expressed consent of the Consumer, who was informed before the start of performance, that after the performance by the Seller, the right to withdraw from the contract will no longer apply,

    5. in which the object of performance is an item that is perishable or has a short shelf life.

  1. The right of withdrawal from the Sales Agreement is granted to both the Seller and the Customer, in the event of failure of the other party to the agreement to perform its obligation within a strictly specified period.

 

§ 9

PROVISIONS REGARDING ENTREPRENEURS (B2B)

 

  1. This paragraph contains provisions that apply exclusively to entrepreneurs who are not covered by the protection of the Consumer Rights Act, as referred to in § 10 hereof.

  2. The Seller is entitled to withdraw from the Sales Agreement concluded with the Customer who is not the Consumer within 14 business days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

  3. The Seller shall be authorized to limit the range of methods of payment for Customers who are not Consumers, including demand for pre-payment of the part or entire sales price, regardless of the selected method of payment and the fact of concluding the Sales Agreement.

  4. The benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product shall be transferred to the Customer who is not a Consumer at the time the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the moment of acceptance of the Product for transport until delivery to the Customer, as well as for the delay in transportation of the shipment.

  5. In the event that the Product shall be sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. In the event of finding that there was a loss or damage to the Product during carriage, he is obliged to perform all actions necessary to determine the carrier's liability.

  6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Client who is not a Consumer a notice of termination.

 

§ 10

PROVISIONS REGARDING ENTREPRENEURS WITH CONSUMER RIGHTS

 

  1. An entrepreneur operating as a sole tradership (this paragraph does not apply to commercial companies) shall be protected under the Consumer Rights Act, provided that the Sales Agreement he has concluded with the Seller shall not be of a professional nature.

  2. The person carrying on and conducting business referred to in point 1 of this paragraph shall be protected only to the extent of:

    1. inadmissible contractual provisions - so called abusive clause,

    2. liability under the warranty for physical and legal defects of the Product, in accordance with § 7 hereof,

    3. the right of withdrawal from the contract concluded remotely, pursuant to § 8 hereof.

  3. The entrepreneur referred to in point 1 of this paragraph shall lose the rights under consumer protection provided that the Sales Agreement concluded by and between the entrepreneur and the Seller is of a professional character, which is verified on the basis of the entry of the entrepreneur in the Central Register and Information on Business Activity of the Republic of Poland, in particular the codes of the Polish Classification of Business Activity indicated therein.

  4. The entrepreneur referred to in point 1 of this paragraph shall not be covered by the institutional protection provided for Consumers by the county consumer ombudsman as well as the President of the OCCP.

 

§ 11

TYPE AND SCOPE OF ELECTRONIC SERVICES

 

  1. The Service Provider shall allow via the Shop the following Electronic Services:

    1. concluding Product Sales Agreements,

    2. creating and operating the Account at the Shop,

    3. The Opinion System,

    4. sending messages through the Contact Form.

  2. Provision of Electronic Services to Clients in the Shop shall be carried out under the terms and conditions set forth herein.

  3. The Service Provider shall be authorized to post advertising content on the Shop's website. This content shall be an integral part of the Shop and the materials presented in it.

 

§ 12

TERMS AND CONDITIONS FOR PROVISION AND CONCLUSION OF AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES

 

  1. Provision of Electronic Services specified in § 11.1 hereof by the Service Provider shall be free of charge.

  2. The period for which the contract shall be concluded:

    1. the contract for the provision of Electronic Services consisting of enabling the Customer to place an Order in the Shop shall be concluded for a definite period of time and shall be terminated at the time the Order is placed or the Customer ceases to place it.

    2. The contract for the provision of Electronic Services referring to the possibility of operating the Account at the Shop shall be concluded for an indefinite period of time. The contract shall be concluded upon sending by the Client the completed Registration Form.

    3. The contract for the provision of Electronic Services regarding the use of the System of Opinions shall be concluded for a definite period of time and shall be terminated at the time of publishing opinions or ceasing to use the service by the Client.

    4. The contract for the provision of Electronic Services referring to the possibility of sending electronic messages to the Service Provider through the Contact Form shall be concluded for a definite period of time and shall be terminated at the time the message is sent or the Client ceases to send it.

  3. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:

    1. a computer (or a mobile device) with the internet connection,

    2. access to email,

    3. internet browser,

    4. enabling cookies and JavaScript for the browser.

  4. The Client shall be obligated to use the Shop in a manner consistent with the law and good practices with a view to respecting the personal rights and intellectual property rights of third parties.

  5. The Client is obligated to provide only real data.

  6. The Client shall be prohibited from providing unlawful data.

 

§ 13

COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES

 

  1. The Client shall be entitled to file complaints regarding the provision of Electronic Services through the Shop by email, at: reklamacje@forcell.pl,

  2. The abovementioned email message should include as much information and description of circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact information. The information provided will greatly facilitate and expedite the processing of the complaint by the Seller.

  3. The Seller will respond to the Customer's request without delay, but no later than within 14 days of the complaint.

  4. The Service Provider's response to the complaint shall be sent to the Client's email address provided in the complaint or by any other means provided by the Client.

 

§ 14

TERMS AND CONDITIONS FOR TERMINATION OF AGREEMENTS ON PROVISION OF ELECTRONIC SERVICES

 

  1. Termination of Agreement on provision of Electronic Services:

    1. The subject of termination might be the agreement on provision of Electronic Services of continuous and undefined nature (maintaining the Account).

    2. The Client may terminate the Agreement with immediate effect and without indicating reasons by sending an appropriate statement via email to reklamacje@forcell.pl or by deleting the Account.

    3. The Service Provider may terminate the contract for the provision of Electronic Services of a continuous and unspecified nature in the event that the Customer violates the Terms and Conditions, in particular, when he provides content of an unlawful nature after an ineffective prior request to cease violations with the setting of an appropriate deadline. The contract in such a case shall expire after 7 days from the date of the declaration of intent to terminate the contract (notice period).

    4. Termination shall lead to the termination of the legal relationship with effect for the future.

  2. The Service Provider and the Client are entitled to terminate the contract for the provision of Electronic Services at any time by mutual agreement.

 

 

§ 15

INTELLECTUAL PROPERTY

  1. All content provided at www.forcell.pl shall be covered by intellectual property rights protection and (subject to § 15 point 3 and elements provided by the Clients under license, transfer of copyrights or permitted use) shall be the property of PARTNER TELE.COM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA (limited liability company, limited partnership), with its registered seat at: ul. Sołtysowska 22, 31-589 Krakow, address for communication: Siwka 27, 31-588 Krakow, NIP (Tax Identification Number): 6792675514, REGON number: 356286319. The Client shall be fully liable for any damage caused to the Service Provider, resulting from the use of any content from www.forcell.pl, without the consent of the Service Provider.

  2. Any use without the express written consent of the Service Provider, of any of the elements comprising the content and contents of www.forcell.pl shall constitute an infringement of the Service Provider's copyright and will result in civil and criminal liability.

  3. All trade names, Product names, company names and their logos used at the Store's website at www.forcell.pl belong to their owners and are used for identification purposes only. They may prove to be registered trademarks. All the materials, descriptions, and photos presented on the website of the Shop at www.forcell.pl are used for informational purposes.

 

§ 16

FINAL PROVISIONS

 

  1. Contracts concluded through the Shop shall be concluded in accordance with provisions of the Polish law.

  2. In the event of declaring any part of these Terms and Conditions unlawful, the relevant provisions of Polish law shall apply in place of the challenged provision hereof.

  3. Any disputes arising from the Sales Contracts between the Shop and the Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Out-of-court Settlement of Consumer Disputes Act. In the event it should prove not possible or unsatisfactory for either Party, all disputes arising shall be settled by a competent common court pursuant to point 4 of this paragraph.

  4. Dispute Resolution Litigations:

    1. Any disputes arising between the Service Provider and the Client being the Consumer or an entity referred to in § 10 hereof, shall be subject of litigation for a competent courts, pursuant to the provisions of the Code of Civil Procedure of 17 November 1964.

    2. Any disputes arising between the Service Provider and the Client not being the Consumer referred to in § 9 hereof, shall be subject of litigation for a competent court, having jurisdiction over the Service Provider’s registered seat.

  5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular, by submitting, after the complaint procedure, a request for mediation or a request for arbitration (the request can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Regional Inspectorates of Trade Inspection is available at the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer is also entitled to use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.

  6. In order to resolve the dispute amicably, the consumer may, in particular, file a complaint through the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/

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