TERMS AND CONDITIONS
- forcell.pl Store operates on the terms stipulated in these Terms and Conditions.
- The Terms and Conditions specify terms of concluding and terminating Product Sale Agreements and handling the complaint procedure as well as types and scope of electronic services rendered by forcell.pl Store, principles of providing these services, conditions of concluding and terminating electronic service agreements.
- Upon taking actions aimed at using the Electronic Services provided by forcell.pl Store, every Customer becomes obligated to follow these Terms and Conditions.
- To all matters not settled herein, provisions of the following documents shall apply:
- the act on rendering electronic services dated 18 July 2002,
- the act on consumer rights dated 30 May 2014,
- the act on out-of-court resolution of consumer disputes dated 23 September 2016,
- the civil code act dated 23 April 1964.
- and other relevant rules of the law of Poland.
- TERMS AND CONDITIONS – these terms and conditions applicable in the Store.
- STORE – The Service Provider’s online store available on www.forcell.pl.
- ELECTRONIC SERVICE – a service rendered by electronic means by the Service Provider to the Customer through the Store.
- CONTACT FORM – a form available on forcell.pl, used to send messages to the Service Provider.
- REGISTRATION FORM – a form available on forcell.pl, used to create the Account.
- ACCOUNT – a collection of resources in the Service Provider’s ICT system, marked with a unique name (login) and password, concerning the Customer’s data, e.g. data on placed Orders.
- ORDER FORM – a form available on forcell.pl, used to place the Order.
- REVIEW SYSTEM – The Electronic Service provided to Customers by the Service Provider to let them post product reviews.
- NEWSLETTER – The Electronic Service that allows the Customer to subscribe and receive free information through the Customer’s mailbox from the Seller regarding Products available in the Store.
- SELLER, SERVICE PROVIDER – PARTNER TELE.COM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA entered into the Register of Entrepreneurs by the District Court for Kraków Śródmieście in Kraków, XI Commercial Division of the National Court Register under the number: 0000499669, head office: ul. Sołtysowska 22, 31-589 Kraków, service address: Siwka 27, 31-588 Kraków, NIP [taxpayer’s ID]: 6792675514, REGON [business ID]: 356286319, e-mail address: firstname.lastname@example.org, phone number: +48 721 808 007.
- CUSTOMER – a natural person, legal person or organizational unit without legal personality, who by way of the act is granted a legal ability and uses the Electronic Service.
- CLIENT – the Customer who intends to conclude or has already concluded the Sale Agreement with the Seller.
- CONSUMER – a natural person who takes legal action with the entrepreneur unrelated directly to its business or professional activities.
- PRODUCT – a movable or service, available in the Store, being the subject of the Sale Agreement by and between the Client and Seller.
- SALE AGREEMENT – The Product Sale Agreement concluded by and between the Client and Seller through the Store.
- ORDER – a declaration of the Client’s will that serves as the Product Sale Agreement conclusion offer.
INFORMATION ON PRODUCTS AND ORDERING
- forcell.pl Store sells Products over the Internet.
- The Products available in the Store are new, defect-free and have been lawfully launched on the Polish market.
- The information available on the Store’s sites shall not be understood as the offer pursuant to the rules of law. Placing the Order, the Client purchases the Product on the terms stipulated in its description.
- The Product price available on the Store’s website is expressed in Polish zlotys (PLN) and includes all components, including VAT. The price excludes delivery costs.
- The Product price available on the Store’s website becomes binding upon placement of the Order by the Client. This price shall not change, regardless of changes to prices in the Store that may arise with reference to particular Products after the Client has placed the Order.
- Orders can be placed in the following way:
- through the web page via the Order Form (forcell.pl Store) – 24 hours a day, all year long,
- by electronic means, by sending a message to: email@example.com,
- by calling: +48 721 808 007.
- To place the Order, the Client is not obligated to register the Account in the Store.
- The prerequisite for placing the Order in the Store by the Client is familiarization with the Terms and Conditions and acceptance of its provisions upon Order placement.
- The Store fulfills Orders placed from Monday until Friday at the working hours, that is from 8 am until 4pm on working days. Any Orders placed on working days after midday, on Saturdays or Sundays and holidays shall be considered on the next working day.
- Discounted products (on sale) are available in limited quantities and relevant orders shall be fulfilled in the order of placement as long as stock lasts.
- The Seller gives an access to Product manuals in the website menu, in the tab „Download documents”.
CONCLUSION OF THE SALE AGREEMENT
- To conclude the Sale Agreement, at first the Client must place the Order in the way allowed by the Seller, pursuant to § 3 point 6 and 8 of the Terms and Conditions.
- When the Order is placed, the Seller confirms it immediately.
- The confirmation of the Order referred to in the point 2 above shall cause the Client to be bound by the Order. The Order is confirmed through an e-mail message.
- The Order confirmation includes the following:
- confirmation of all essential items of the Order,
- an agreement withdrawal form,
- these Terms and Conditions that inform about a right to withdraw from the agreement.
- Upon receiving the e-mail message, referred to in the point 4 of this section, by the Client, the Sale Agreement is deemed concluded by and between the Client and Seller.
- Every Sale Agreement shall be confirmed through a purchase proof (name invoice) which will be sent by electronic means in a PDF form to the Client’s e-mail address specified in the Order Form.
FORMS OF PAYMENT
- The Seller accepts the following forms of payment:
- payment by a traditional transfer to the Seller’s bank account,
- payment through the electronic payment system (Przelewy24.pl, PayPal, PayU.pl, DotPay.pl, T.Pay.pl, BlueMedia),
- the so-called cash on delivery.
- With regard to traditional bank transfers, payments must be made into the following bank account number: 20 1240 6292 1111 0011 0673 6095 (Bank Pekao S.A.) PARTNER TELE.COM SP. Z O.O. SP. K., ul. Sołtysowska 22, 31-589 Kraków, NIP: 6792675514. Please enter the following transfer reference: „Order no. …”.
- With regard to electronic payment systems, the Client makes a payment before the Order is fulfilled. The electronic payment system allows paying by a credit card or a quick transfer from specific Polish banks.
- With regard to the so-called cash on delivery, the parcel is sent after making sure the address data are correct. The Client is obligated to pay for the Order and collect the Product from the deliverer.
- The Client is obligated to make a payment on the basis of the Sale Agreement within 3 working days after its conclusion, unless the Sale Agreement specifies otherwise.
- In case the form of payment referred to in point 1.1 and 1.2 of this section is chosen, the Product will be sent after the amount due has been deposited.
PRODUCT DELIVERY COSTS, DEADLINES AND METHODS
- The Product delivery costs that are incurred by the Client are arranged while placing the Order and depend on the form of payment and form of delivery of the Product purchased.
- The Product delivery date is determined by the Product assembly time and Product delivery time:
- The Product assembly time is 24 hours, counting from:
- depositing cash paid on the basis of the Sale Agreement into the Seller’s account or
- approval of the transaction by the electronic payment system or
- acceptance of the Order for fulfillment by the Seller in case of choosing the cash-on-delivery variant,
- Products being movables are delivered by the carrier within the declared period of time, that is 24 hours after shipping the parcel (products are delivered only on working days, excluding Saturdays, Sundays and holidays).
- The Products purchased in the Store are sent through the Polish Post service, self-service pickup station or courier.
- Guarantee claims.
- All products available in the Store are covered by the guarantee applicable in the Republic of Poland,
- the guarantee period differs depending on the Product and is counted from the day of delivering the Product to the Client,
- the document that authorizes to have the guarantee coverage is the guarantee card or proof of purchase,
- details on the guarantee period and terms as well as the Client’s guarantee rights are specified in the guarantee card attached to the Product or made available on the Store’s website,
- the guarantee does not exclude rights of the Consumer or entities referred to in § 10 of the Terms and Conditions as rises from lack of Product compliance with the Sale Agreement, specified in the act on consumer rights.
- The basis and scope of the Seller’s responsibility towards the Client being the Consumer or entity referred to in § 10 of the Terms and Conditions on accounts of lack of product compliance with the agreement are referred to in the act on consumer rights dated 30 May 2014,
- the basis and scope of the Seller’s responsibility towards the Client being the Entrepreneur referred to in § 9 on accounts of the warranty are specified in the civil code act dated 23 April 1964,
- the Seller is held responsible towards the Client being the Consumer or entity referred to in § 10 of the Terms and Conditions for lack of Product compliance with the agreement which is found upon its delivery and revealed within 2 days after this moment, unless the Product shelf life specified by the Seller or persons acting on its behalf is longer,
- lack of Product compliance with the agreement and relevant demand can be notified by means of the electronic mail to the following address: firstname.lastname@example.org or in writing to the following address: ul. Siwka 27, 31-588 Kraków,
- the aforesaid written or electronic message must contain as many details and circumstances concerning the subject of complaint as possible, in particular the type and date of irregularity and contact data. Such information will provide considerable assistance and facilitate the complaint procedure at the Seller’s,
- to assess irregularity and lack of Product compliance with the agreement, the Consumer or entity referred to in § 10 of the Terms and Conditions is obligated to provide the Product to the Seller, and the Seller is obligated to collect it at its own expense,
- The Seller shall address the Client’s request immediately, not later than within 14 days after lodging the complaint,
- in view of the well-grounded complaint of the Client being the Consumer or entity referred to in § 10 of the Terms and Conditions, the Seller shall:
- cover costs of replacement and re-delivery of the Product,
- cover costs of repair and re-delivery of the Product,
- lower the Product price (the reduced price must reflect the value of the conforming and non-conforming part of the product) and return the Consumer or entity referred to in 10 the value of the reduced price within 14 days after receiving the authorized declaration of this Consumer or entity referred to in § 10 on price reduction at the latest,
- in case of justified withdrawal from the agreement by the Consumer or entity referred to in § 10 – return them the price of the Product within 14 days after receiving the returned product or proof of return at the latest. In case of withdrawal from the agreement, the Consumer or entity referred to in § 10 is obligated to immediately return the product to the Seller at the Seller’s expense.
- The response to the complaint is given in writing or via other permanent carrier, e.g. e-mail message or text message.
RIGHT TO WITHDRAW FROM THE AGREEMENT
- Subject to the point 10 of this section, the Client being the Consumer or entity referred to in § 10 of the Terms and Conditions, who has concluded the remote agreement may feel free to withdraw from it for convenience by filing a relevant declaration within 14 days. To meet the deadline, it is only necessary to send the agreement withdrawal declaration provided by the Store.
- In case of withdrawal from the agreement, the Sale Agreement is deemed non-concluded and the Consumer or entity referred to in §10 of the Terms and Conditions is obligated to immediately return the Product to the Seller or hand it to the person authorized by the Seller to collect it, not later than within 14 days after withdrawal from the agreement, unless the Seller has suggested collecting the Product on its own. To meet the deadline, it is only necessary to return the Product on time.
- In case of withdrawal from the Sale Agreement, the Product must be returned to the following address: Siwka 27, 31-588 Kraków.
- The Consumer or entity referred to in § 10 of the Terms and Conditions is held responsible for reducing the value of the Product as a result of using it in the way that goes beyond identification of the nature, features and operation of the Product, unless the Seller has failed to inform the Consumer or entity referred to in 10 about the procedure and deadline for exercising the right to withdraw from the agreement and the agreement withdrawal form template. In order to identify the nature, features and operation of Products, the Consumer or entity referred to in §10 of the Terms and Conditions shall handle Products and check them in the way that is allowed in the brick-and-mortar store. In case the value of the Product must be reduced due to actions taken by the Consumer or entity referred to in §10 of the Terms and Conditions, the Seller is entitled to resort to the compensation. The Seller may take advantage of the aforesaid compensation by collecting an amount due from the price, on the basis of the value loss compensation, that the Consumer or entity referred to in §10 is required to pay – a return of costs incurred due to the Sale Agreement concluded. Before collection, the Seller is obligated to provide the Client with a declaration on collection that specifies the value of the collection. The value of the collected amount is specified by the Seller separately for each case of reduction of Product value, with special regard to harm done by the Client.
- Subject to the point 6 and 8 of this section, the Seller shall return the value of the Product together with delivery costs on the basis of the same form of payment used by the Consumer, unless the Consumer or entity referred to in §10 of the Terms and Conditions has explicitly accepted other method of return that does not entail any expenses. Subject to the point 7 of this section, the return is to be instant, that is within 14 days after the Seller has received the declaration on withdrawal from the Sale Agreement.
- If the Consumer or entity referred to in §10 of the Terms and Conditions has chosen other Product delivery method than the cheapest ordinary delivery, as offered by the Store, the Seller shall not be obligated to return additional costs.
- If the Seller has failed to suggest collecting the Product from the Consumer or entity referred to in §10 of the Terms and Conditions on its own, it may refrain from returning funds received from the Consumer until collecting items or supply of the proof of return by the Consumer or entity referred to in §10 of the Terms and Conditions, depending on which occurs earlier.
- The Consumer or entity referred to in §10 of the Terms and Conditions who withdraws from the Sale Agreement in accordance with the point 1 of this section shall only bear costs of returning the Product to the Seller.
- A 14-day period in which the Consumer or entity referred to in §10 of the Terms and Conditions may withdraw from the agreement applies to:
- the agreement under which the Seller releases the Product being obligated to transfer its property – from the day on which the Consumer or entity referred to in §10 of the Terms and Conditions (or an authorized third party other than carrier) has come into possesion of the Product,
- the agreement that covers many Products delivered separately, in batches or in parts – from coming into possession of the last Product, its batch or part
- the agreement for regular delivery of the Product for a definite period of time – from coming into possession of the first Product,
- other agreements – from the day of concluding the agreement.
- The right to withdraw from the remote agreement shall not apply to the Consumer or entity referred to in §10 of the Terms and Conditions in the case of the Sale Agreement:
- whose subject is a non-prefabricated item, manufactured as per the consumer’s specification or used to meet their unique needs,
- whose subject is a product delivered in a sealed packaging and which cannot be returned due to health protection or for hygienic reasons if the packaging has been opened after the delivery,
- whose subject are goods which become irreversibly connected to other items due to their nature after being delivered,
- whose subject is the service if the Seller has fully completed the service upon an explicit consent of the Consumer who has been informed before initiation of the service that it will lose a right to withdraw from the agreement after the service is completed,
- whose subject is the product that proves liable to deterioration or rapidly expires.
- The right to withdraw from the Sale Agreement applies both to the Seller and Client in case of a failure to timely fulfill the obligation by either of the parties.
PROVISIONS ON ENTREPRENEURS (B2B)
- This section gives an insight into provisions concerned only with entrepreneurs that are not covered by the protection arising from the act on consumer rights, referred to in 10 of the Terms and Conditions.
- The Seller is entitled to withdraw from the Sale Agreement concluded with the Client that is not the Consumer within 140 working days after conclusion. In this case it is possible to withdraw from the Sale Agreement at convenience and this does not entail any claims on the Client’s part (not being the Consumer) towards the Seller.
- The Seller has a right to limit its forms of payment in relation to Clients that are not Consumers, and require prepayment of a partial or full selling price, regardless of the form of payment chosen by the Client and conclusion of the Sale Agreement.
- Benefits and burdens related to the Product as well as a risk of potential loss or damage to the Product are transferred into the Client that is not the Consumer upon release of the Product by the Seller to the carrier. This being the case, the Seller is not held responsible for any loss, defect or damage to the Product arising from receipt of the Product, through transportation, and until release to the Client, as well as for late delivery of the parcel.
- If the Product is sent to the Client through a carrier, the Client that is not the Consumer is obligated to check the parcel at the time and in the way typical of such shipping. If it finds any Product defect or damage that occurred during transportation, it is obligated to take all steps required to establish the carrier’s liability.
- The Service Provider may terminate the Electronic Service agreement with an immediate effect and for convenience by providing the Customer not being the Consumer with the termination notice.
PROVISIONS ON ENTREPRENEURS BASED ON CONSUMER RIGHTS
- A self-employed entrepreneur [one-man business] (this section does not apply to commercial companies) is covered by protection referred to in the act on consumer rights on the condition that the agreement concluded with the Seller is not of professional nature.
- The entrepreneur referred to in the point 1 of this section is protected only with regard to the following:
- disallowed contractual provisions,
- responsibility for lack of Product compliance with the agreement,
- a right to withdraw from the remote agreement,
- principles on the digital contents supply agreement or digital service agreement.
- The entrepreneur referred to in the point 1 of this section loses rights related to consumer protection when the Sale Agreement concluded with the Seller is of professional nature that is verified on the basis of the entry of this entrepreneur into the Business Activity Central Register and Information Record [CEIDG] of the Republic of Poland, in particular codes of the Polish Classification of Activities [PKD].
- Entrepreneurs referred to in the point 1 of this section are not covered by the institutional protection provided to Consumers by district consumer advocates or Head of the Office for Competition and Consumer Protection.
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider allows using the following Electronic Services through the Store:
- conclusion of the Product Sale Agreements,
- keeping the Account in the Store,
- Review System,
- sending messages through the Contact Form.
- Electronic Services are rendered to Customers in the Store on the terms specified in the Terms and Conditions.
- The Service Provider has a right to post advertisements on the Store’s website. These contents are the integral part of the Store and materials presented in the Store.
TERMS OF RENDERING AND CONCLUDING ELECTRONIC SERVICE AGREEMENTS
- Rendering Electronic Services referred to in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.
- The term of the agreement:
- the Electronic Service agreement that allows placing the Order in the Store is concluded for a definite period of time and is terminated upon placement of the Order or upon resignation from placing orders by the Customer,
- the Electronic Service agreement that allows keeping the Account in the Store is concluded for an indefinite period of time. The agreement is concluded the moment the Customer sends the completed Registration Form,
- the Electronic Service agreement that allows using the Review System is concluded for a definite period of time and is terminated the moment the review is posted by the Customer or when it resigns from using this Service,
- the Electronic Service agreement that allows using the Newsletter is concluded for an indefinite period of time,
- the Electronic Service agreement that allows sending messages to the Service Provider through the Contact Form is concluded for a definite period of time and is terminated the moment the Customer sends the message or resigns from sending it.
- The technical requirements related to the ICT system used by the Service Provider:
- a PC (or a mobile device) with access to the Internet,
- an access to the electronic mail,
- a web browser,
- activation of Cookies and Javascrip in the web browser.
- The Customer is obligated to use the Store in a lawful way and in accordance with good practice, with special regard to respect to personal interests and intellectual property rights of third parties.
- The Customer is obligated to enter data that are true and correct.
- It is forbidden for the Customer to supply illegal contents.
ELECTRONIC SERVICES COMPLAINTS
- Any complaints related to rendering Electronic Services via the Store may be lodged by the Customer by sending an e-mail message to: email@example.com
- The above-stated e-mail message must include as many details and circumstances concerning the subject of complaint as possible, in particular the type and date of irregularity and contact data. The aforesaid information will provide considerable assistance and facilitate the complaint procedure.
- The complaint is considered by the Service Provider immediately, that is within 14 days after lodging the complaint at the latest.
- The Service Provider’s response related to the complaint is sent to the Customer’s e-mail address specified in the complaint form or otherwise given by the Customer.
TERMS OF ELECTRONIC SERVICE AGREEMENTS TERMINATION
- Termination of the Electronic Service agreement:
- the continuous and indefinite-term Electronic Service agreement may be terminated (keeping the Account, Newsletter),
- The Customer may terminate the agreement with an immediate effect and for convenience by sending a relevant declaration by electronic means to the following e-mail address: firstname.lastname@example.org or by deleting the Account,
- The Service Provider may terminate the continuous and indefinite-term Electronic Service agreement when the Customer violates Terms and Conditions, particularly when it supplies illegal contents although it has been previously requested not to do so within a specific period of time. This being the case, the agreement expires 7 days after filing the declaration on its termination (period of notice),
- Termination results in dissolution of the legal relationship effective in the future.
- The Customer and Service Provider may terminate the Electronic Service agreement at any time by way of the arrangement of the parties.
- All contents posted on forcell.pl website are copyright-protected and (subject to §15 point 3 and elements posted by Service Providers, used on the license basis, transfer of proprietary copyrights or fair use rights) owned by PARTNER TELE.COM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWEJ, registered office: ul. Sołtysowska 22, 31-589 Kraków, service address: Siwka 27, 31-588 Kraków, NIP: 6792675514, REGON: 356286319. The Customer is held fully responsible for harm done to the Service Provider, being the consequence of the use of any contents of www.forcell.pl without the Service Provider’s approval.
- Any use of any elements of the content of forcell.pl website, regardless of who does so, without the explicit written consent of the Service Provider shall be considered as violation of the Service Provider’s copyright and results in civil and criminal liability.
- Any trade names, Product names, company names and their logos used on the Store’s website, available on forcell.pl, belong to their owners and are used only for identification purposes. They can be reserved trademarks. All materials, descriptions and pictures presented on the Store’s website, available on www.forcell.pl, are used for reference only.
- Agreements concluded through the Store comply with the law of Poland.
- In case any of the provisions of the Terms and Conditions fails to comply with the applicable law, the questionable provision must be exchanged for a relevant rule of the law of Poland.
- Any disputes arising from Sale Agreement between the Store and Clients shall be resolved initially by way of negotiations aimed at amicable resolution of the dispute, with special regard to the act on the out-of-court resolution of consumer disputes. If this proves unfeasible or non-satisfying to either of the parties, disputes shall be resolved by the competent common court, pursuant to the point 4 of this section.
- Dispute resolution in court:
- potential disputes arising between the Service Provider and Customer (Client) being a Consumer or entity referred to in §10 of the Terms and Conditions shall be brought before competent courts pursuant to the provisions of the civil code as of 17 November 1964,
- potential disputes arising between the Service Provider and Customer (Client) that is not a Consumer referred to in §9 of the Terms and Conditions shall be brought before the competent court having its jurisdiction over the Service Provider’s head office.
- The Client being the Consumer is also entitled to resort to out-of-court methods of resolving disputes, in particular by filing an application for mediation after the end of the complaint procedure or by requesting the arbitration court to consider the case (the petition can be downloaded from the following website: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Arbitration Consumer Courts at Provincial Inspectorates of Commercial Inspection is available on the following website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also take advantage of free assistance provided by the district (urban) consumer advocate or social organization whose statutory task is to protect consumers. It is free to pursue claims out of court after the end of the complaint procedure.
- To resolve the dispute amicably, the consumer may lodge a complaint through the ODR (Online Dispute Resolution) online platform, available on: http://ec.europa.eu/consumers/odr/.