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Terms of Use
TABLE OF CONTENTS:
1. GENERAL
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3.CONDITIONS OF CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR GOODS
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF GOODS
6. COMPLAINT FOR GOODS
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. ADDING OPINIONS ABOUT GOODS
11. USE OF PROMOTIONAL COUPONS AND DISCOUNT CODES
12. MISCELLANEOUS
13. MODEL FORM OF WITHDRAWING FROM THE AGREEMENT
Online Store www.frogum-shop.pl cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. Online Store available at www.frogum-shop.pl is run by FROGUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Grodzisk Mazowiecki (registered office and delivery address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000963251; registry court where the company's documentation is kept: District Court for the Capital City of Warsaw Warsaw in Warsaw, 390th Commercial Division of the National Court Register; share capital in the amount of: PLN 000; NIP: 5291807370; REGON: 362379750, contact@frogum-shop.pl, telephone number: +48 2222 82 808 and fax number: +48 2222 82 808.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for point 9 Regulations, which are addressed only to entrepreneurs).
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data are processed for the purposes, within the scope and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
1.4. Contact with the Seller is possible:
1.4.1 by correspondence to the registered office address: FROGUM sp. z o. o., ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
1.4.2 by e-mail to: kontakt@ frogum-shop.pl;
1.4.3 via the chat available on the website https://www.frogum-shop.pl/kontakt/;
1.4.4 by phone at the hotline number: 22 22 82 808 (information about the hotline's opening hours is available on the Online Store website; call fee - as for a regular telephone call according to the tariff of the operator of the person making the call).
1.5. Definitions:
1.5.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.5.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account
1.5.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.5.4. CLIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.5.5. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.5.6 CONSUMER - a natural person performing legal transactions with the Seller (including concluding a Sales Agreement) not directly related to his or her business or professional activity.
1.5.7. "My Garage" ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service User, a set of resources in the Service Provider's IT system, which collects data provided by the Service User and information about Orders placed by him in the Online Store.
1.5.8. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Goods, new products and promotions in the Online Store.
1.5.9. PARACONSUMER - a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information. on Business Activity.
1.5.10. REGULATIONS - these regulations of the Online Store.
1.5.11. ONLINE STORE - the Service Provider's online store available at the Internet address: www.frogum-shop.pl.
1.5.12. SELLER; SERVICE PROVIDER - FROGUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Grodzisk Mazowiecki (registered office and delivery address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000963251; registry court where the company's documentation is kept: District Court for the Capital City of Warsaw Warsaw in Warsaw, 390th Commercial Division of the National Court Register; share capital in the amount of: PLN 000; NIP: 5291807370; REGON: 362379750, contact@frogum-shop.pl, telephone number: +48 22 724 38 03 and fax number: +48 22 724 38 03.
1.5.13. GOODS - a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.5.14. SALES AGREEMENT - a contract for the sale of Goods concluded or concluded between the Customer and the Seller via the Online Store.
1.5.15. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.5.16. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; – using or intending to use the Electronic Service.
1.5.17. ACT ON CONSUMER RIGHTS, ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended)
1.5.18. ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Goods Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: "My Garage" account, Order Form and Newsletter.
2.1.1. “My Garage” Account – using the Account is possible after the Service Recipient completes a total of two subsequent steps – (1) completing the Registration Form, (2) clicking the "Create an account" box. In the Registration Form, the Service Recipient must provide the following data: name and surname, e-mail address, contact telephone number and password.
2.1.1.1. The “My Garage” Account Electronic Service is provided free of charge for an indefinite period. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: kontakt@frogum-shop.pl or in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Goods to the electronic cart in the Online Store. An order is placed after the Customer completes a total of two subsequent steps - (1) after completing the Order Form i (2) clicking the "I buy and pay" field on the Online Store's website after completing the Order Form - until then, you can modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store's website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Goods, quantity of Goods, place and method of delivery of Goods, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3. Newsletter - the Newsletter is used after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store's website, accepting the regulations and privacy policy by checking the appropriate checkbox and confirming it by clicking the button with the envelope icon. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: kontakt@frogum-shop.pl or in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki.
2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
2.4. Complaints procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint procedure for the Goods, which is indicated in point 6 i 7 Regulations) The Service Recipient may submit, for example:
2.4.2 in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
2.4.3 in electronic form via e-mail to the following address: kontakt@frogum-shop.pl;
2.4.4. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) requests of the Service User; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 3.3.1. Regulations.
3.2 In the case of Goods from the ProLine and RaceRock series ("PREMIUM GOODS"), it is possible to purchase a maximum of 3 pieces of each model of a given Premium Good at a time in the Online Store. If you wish to purchase a larger quantity of Premium Goods, the Customer is obliged to contact the Seller in advance in one of the ways indicated in point. 1.4. Regulations.
3.3. The price of the Goods displayed on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Goods that are the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.4 If the Online Store contains information about a reduction in the price of the Goods, the price shown before the reduction (e.g. the "crossed out" price or the previous price presented in a different way) is the lowest price of a given Good that was valid in the Online Store in the period of 30 days before introduction of a discount, provided that if a given Good is offered for sale in a period of less than 30 days, the price before the discount is the lowest price of this Good that was valid in the Online Store in the period from the date of commencement of offering this Good for sale until the date of introduction of the discount.
3.5 Any Brand Goods FROGUM are the Seller's own products and are not licensed goods
3.6. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.6.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 Regulations.
3.6.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by the Seller 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 declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.7. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer through (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail referred to in point 3.6.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR GOODS
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon delivery.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.2.1. Bank: ING Bank Śląski SA
4.1.2.2. Account number: 89 1050 1025 1000 0090 3207 4529
4.1.3. Electronic payments and payment card payments via the Przelewy24.pl website - possible current payment methods are specified on the Online Store website in the "FAQ" tab in the section "What are the payment methods in the store?" FroGum Premium Moto Shop?” and on the website https://www.przelewy24.pl/metody-platnosci.
4.1.3.1. Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer's choice via the Przelewy24.pl website. Electronic and payment card payments are handled by:
4.1.3.1.1. Przelewy24.pl - PayPro SA with its registered office in Poznań (registered office address: PayPro SA - ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court of Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 476 fully paid, NIP: 300,00-779-236-98.
4.2. Date of payment:
4.2.1. If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
4.2.2. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHOD AND DATE OF DELIVERY AND COLLECTION OF GOODS
5.1. Delivery of the Goods is available in the territory of the Republic of Poland, Belgium, the Czech Republic, Estonia, the Netherlands, Lithuania, Latvia, Luxembourg, Germany, Slovakia, Hungary, Denmark, Sweden, Bulgaria, Croatia, Finland, Spain, Ireland, Portugal, Slovenia and Italy.
5.2. Delivery of the Goods to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "FAQ" tab in the section "Fast delivery - how long will I wait for the parcel and what is the delivery cost?" and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Goods:
5.3.1. Courier delivery, cash on delivery courier delivery.
5.3.2. Delivery to an Inpost parcel locker.
5.4. The delivery time of the Goods to the Customer is up to 6 Business Days, unless a different date is specified in the description of the Goods or when placing the Order. In the case of Goods with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 6 Business Days. The beginning of the delivery period of the Goods to the Customer is counted as follows:
5.4.1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses the method of payment on delivery - from the date of conclusion of the Sales Agreement.
6. COMPLAINTS FOR GOODS
6.1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or Para-Consumer, if the sold Goods are inconsistent with the Agreement, are specified in generally applicable provisions of law, in particular the Act on Consumer Rights.
[In connection with the changes in the provisions on warranty and liability for non-compliance of the Goods with the Agreement in force from January 1, 2023, the Seller informs that the existing provisions of the Code shall apply to Agreements concluded before this date, including Agreements concluded by Consumers or Para-Consumers. civil warranty, i.e. provisions in force before January 1, 2023]
6.2. The Seller is obliged to provide the Customer who is a Consumer or Para-Consumer with Goods in accordance with the Agreement. Detailed information regarding the Seller's liability for non-compliance of the Goods with the Agreement and the rights of the Customer who is a Consumer or Para-Consumer are specified on the Online Store website in the ""FAQ” in the section “How to file a complaint?” and in the tab “Returns and complaints”
6.3. The complaint may be submitted by the customer, for example:
6.3.1. in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki
6.3.2. in electronic form via e-mail to the following address: kontakt@frogum-shop.pl;
6.4. The complaint should include: (1) details of the person submitting the complaint (name and surname, correspondence or e-mail address, optional telephone number); (2) information and circumstances regarding the subject of the complaint, in particular, if possible, the type and date of occurrence of the defect; (3) if possible, requesting a way to bring the Goods into compliance with the Sales Agreement.
6.5. It is recommended to attach to the complaint, if possible, photos showing the non-compliance of the Goods with the Agreement. Sending such photos to the Seller may allow for a positive consideration of some complaints without the need - depending on the request of the Customer who is a Consumer or Para-Consumer and the basis of the complaint - for the Seller to collect the Goods that are inconsistent with the Agreement from the Customer who is a Consumer or Para-Consumer, or to return them by the Customer, being a Consumer or Para-Consumer, the Seller of Goods that are inconsistent with the Agreement.
6.6. The Seller will respond to the complaint of the Customer who is a Consumer or Para-Consumer immediately, no later than within 14 calendar days from the date of its submission. The Seller will notify the person submitting the complaint about the method of considering the complaint by letter sent to the address provided in the complaint or by e-mail - depending on the method of submitting the complaint.
6.7. Taking into account the possibility that can be exercised voluntarily in accordance with paragraph. 6.5. above, the Customer, who is a Consumer or Para-Consumer, provides the Seller with Goods that are inconsistent with the Agreement and are subject to repair or replacement. The Seller collects the Goods from such a Customer at his own expense. Details of the receipt of the Goods are agreed individually as part of a given complaint.
6.8. Taking into account the possibility that can be exercised voluntarily in accordance with paragraph. 6.5. above, in the event of withdrawal from the Agreement due to non-compliance of the Goods with the Agreement, the Customer who is a Consumer or Para-Consumer shall immediately return the Goods to the Seller at the Seller's expense.
6.9. The Seller returns the amount to the Customer who is a Consumer or Para-Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of its return.
6.10. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Goods towards a Customer who is not a Consumer or Para-Consumer is excluded.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Plac Powstańców Warszawy 1, Warsaw.), The task of which is, inter alia, providing assistance to consumers in matters relating to out-of-court settlement of consumer disputes.
7.3. The consumer has the following examples of possibilities of using extrajudicial methods of dealing with complaints and redress: (1) application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 18:00 p.m., call fee according to the operator's tariff).
7.4. At the address http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. The Customer who is a Consumer, as well as the Customer who is a Para-Consumer who has concluded a distance Agreement, may withdraw from it within 30 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.8 Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the Agreement may be submitted, for example:
8.1.1. in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
8.1.2. in electronic form via e-mail to the following address: kontakt@frogum-shop.pl;
8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Returns Policy" tab. The consumer may use the template form, but this is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for an Agreement under which the Seller releases the Goods, being obliged to transfer its ownership (e.g. Sales Agreement) - from the Consumer or Para-Consumer or a third party indicated by him other than the carrier taking possession of the Goods, and in the case of an Agreement which: (1) includes many Goods that are delivered separately, in batches or in parts - from taking possession of the last Goods, its batch or part or (2) consists in regular delivery of the Goods for a specified period of time - from taking possession of the first Goods;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. . The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer's or Para-Consumer's declaration of withdrawal from the Agreement, return to the Consumer or Para-Consumer all payments made by him, including the costs of delivery of the Goods (except for additional costs resulting from the Consumer's choice of or Para-consumer delivery method other than the cheapest regular delivery method available in the Online Store). The Seller refunds the payment using the same payment method used by the Consumer or Para-Consumer, unless the Consumer or Para-Consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Goods from the Consumer or Para-Consumer himself, he may withhold the refund of payments received from the Consumer or Para-Consumer until he receives the Goods back or the Consumer or Para-Consumer provides proof of sending them back, depending on which event occurs first. .
8.6. The Consumer or Para-Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the Agreement, return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them, unless the Seller has offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry. The Consumer or Para-Consumer may return the Goods to the following address: Frogum sp. z o. o., ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki.
8.7. The Consumer or Para-Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
8.8. Possible costs related to the Consumer's or Para-Consumer's withdrawal from the Agreement, which the Consumer or Para-Consumer is obliged to bear:
8.8.1. If the Consumer or Para-Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the Consumer or Para-Consumer.
8.8.2. The Consumer or Para-Consumer bears the direct costs of returning the Goods.
8.8.3. In the case of Goods that are a service, the performance of which - at the express request of the Consumer or Para-Consumer - began before the deadline for withdrawal from the Agreement, the Consumer or Para-Consumer who exercises the right to withdraw from the Agreement after submitting such a request is obliged to pay for the services provided until the moment of withdrawal. from the Agreement. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. If a free product was included with the order, the Customer who is a Consumer or Para-Consumer is obliged to return the entire order, including the free item. If the free item is not returned, the refund value will be reduced by the value of the product attached to the order.
8.10. If you order a set of products and return only part of it, the Customer who is a Consumer or Para-Consumer loses the right to a discount. In this case, the refund amount will be reduced by the difference in the price of the product in the set and the price of the product without the set.
8.11. The right to withdraw from a distance contract referred to above is not available to the Consumer or Para-Consumer in the cases referred to in Art. 38 section 1 points 1-14 of the Act, i.e., among others: in relation to contracts:
(1) for the provision of services for which the Consumer or Para-Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or Para-Consumer, who was informed before the commencement of the provision that after the Seller has provided the service, he or she will lose the right to withdraw from the Agreement, and took note of this; (2) in which the subject of the service is non-prefabricated Goods, manufactured according to the specifications of the Consumer or Para-Consumer or serving to meet his individual needs; (3) in which the subject of the service is Goods delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (4) in which the subject of the service are Goods which, after delivery, due to their nature, are inseparably connected with other things; (5) in which the Consumer or Para-Consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer or Para-Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer or Para-Consumer has the right to withdraw from the Agreement in relation to additional services or Goods; (6) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the day or period of service provision is indicated in the Agreement.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9. The Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a Consumer or Para-Consumer.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.5.The liability of the Service Provider / Seller towards the Service Recipient / Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the preceding sentence applies to all claims made by the Service Recipient / Customer against the Service Provider / Seller, including in the absence of a Sales Agreement or not related to the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer only for typical damages predictable at the time of concluding the contract and is not liable for lost profits. The seller is also not responsible for delay in transporting the shipment.
9.6. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10. ADDING OPINIONS ABOUT GOODS
10.1. The Seller verifies opinions about the Goods posted in the Online Store in the manner described below.
10.2. Only customers who have created a "My Garage" account in the Online Store and purchased a given Good after logging in can add opinions about purchased Goods.
10.3. In order to add an opinion about the purchased Goods, the Customer should log in to his "My Garage" Account.
10.4. Then go to the Goods tab and press the "Add opinion" button in the Customer opinions section. The "Add opinion" button is visible only to Customers who have previously purchased a given Good in the Online Store.
10.5. When the text box appears, write your opinion. Once you have finished writing your opinion, click the [Send Feedback] button. After pressing this button, the opinion will appear on the Online Store website.
11. USE OF PROMOTIONAL COUPONS AND DISCOUNT CODES
11.1. The issuance of promotional and discount codes is completely voluntary for us and serves advertising purposes. Our coupons cannot be bought or sold. Coupon codes only apply to items and/or cart values that meet the coupon conditions specified below. We reserve the right to exclude certain brands, categories of goods or individual items from the promotion. The coupon code should be used by the customer during the ordering process by filling in the appropriate code in the basket before proceeding to payment and checkout. We are under no obligation to retroactively credit or pay the promotional amount. We reserve the right to exclude certain users from the above offers.
11.2. Conditions of the 5% coupon for newsletter subscription:
11.2.1 The promotion applies to orders placed via the website www.frogum-shop.pl
11.2.2 The promotion cannot be combined with other discount codes and does not apply to discounted goods, it is valid for all items.
11.2.3 Coupon value is 5%
11.2.4 The discount code is issued indefinitely.
11.2.5 The discount does not cover delivery costs, only the cost of the purchased goods.
11.2.6 The discount is valid only at the time of order, it is not possible to grant a discount retroactively to an order already placed.
11.2.7 The discount code is valid only once for each user. This means that once the order is finalized, the code is deemed to have been used by the user. Therefore, it cannot be reused even if the original order is canceled.
11.2.8 All complaints regarding defects in goods or their returns when purchasing using a Discount Code will be considered under the general conditions specified in the Store Regulations.
11.3. Terms and conditions of the Fat Thursday promotion
11.3.1. The promotion is valid on February 08.02.2024, 23 until 59:XNUMX.
11.3.2. The promotion applies to orders placed via the website www.frogum-shop.pl
11.3.3. To take advantage of the promotion, enter the discount code "CZWARTEK8" in the space provided when finalizing the order.
11.3.4. The promotion cannot be combined with other discount codes and does not apply to discounted goods. The promotion is valid only for products FROGUM.
11.3.5. The discount does not include delivery costs, only the cost of purchased goods.
11.3.6. The discount is valid only at the time of order, it is not possible to grant a discount retroactively to an order already placed.
11.3.7. The discount code is valid only once for each user. This means that once the order is finalized, the code is deemed to have been used by the user. Therefore, it cannot be reused even if the original order is canceled.
11.3.8. Any complaints regarding defects in goods or their returns when purchasing using a Discount Code will be considered under the general conditions specified in the Store Regulations.
11.4. Regulations for using the discount voucher for the next order
11.4.1. The condition for receiving a discount voucher is to place an order in the online store FroGum Premium Moto Shop.
11.4.2. The voucher contains 2 discount codes that the customer can use for the next order placed in the online store FroGum Premium Moto Shop.
11.4.3. Discount codes reduce the amount to be paid by 8€ (for orders over 75€) and by 10€ (for orders over 100€), respectively.
11.4.4. Discount codes are valid until December 31.12.2024, XNUMX
11.4.5. The promotion only applies to orders placed via the website www.frogum-shop.pl
11.4.6. To take advantage of the promotion, enter the appropriate discount code in the space provided when finalizing the order.
11.4.7. The choice of the appropriate discount code is the responsibility of the customer, but the condition for the discount code to work is to meet the basket value condition.
11.4.8. If you select a lower discount code and confirm the order, it is not possible to retroactively apply a higher discount threshold, even if the value of the basket meets its conditions.
11.4.9. The promotion cannot be combined with other discount codes and does not apply to discounted goods. The promotion is valid only for car mats and trunk mats from the brand FroGum and does not apply to Goods of other manufacturers.
11.4.10. The discount does not cover delivery costs, only the cost of the purchased Goods.
11.4.11. The discount is valid only at the time of order, it is not possible to grant a discount retroactively to an order already placed.
11.4.12. The discount code is valid only once for each user. This means that once the order is finalized, the code is deemed to have been used by the user. Therefore, it cannot be reused even if the original order is canceled.
11.4.13. If you return goods purchased using a discount code, the value of the voucher is not refundable. The customer will receive a refund in the amount paid for the goods.
11.4.14. In the event of a return of part of the order, if the value of the Goods retained by the customer no longer meets the promotion conditions, the refunded amount will be reduced by the value of the Voucher.
11.4.15. Any complaints regarding defects in goods or their returns when purchasing using a Discount Code will be considered under the general conditions specified in the Store Regulations.
12. FINAL PROVISIONS
12.1. Agreements concluded via the Online Store are concluded in Polish.
12.2. Changing the Regulations:
12.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, to the extent that these changes affect the implementation of the provisions of these Regulations, i.e.:
changes in legal provisions or their interpretation applied by courts or public authorities;
– issuance of a judgment, decision, recommendation or other similar act by a court or an authorized public authority;
– expanding the range of Goods to include Goods subject to special legal regulations requiring their inclusion in the Regulations;
– adding new online sales channels run by the Online Store (e.g. mobile application);
– introducing promotional activities in the Online Store;
– preventing violations of the Regulations or counteracting abuse;
– removing any errors, errors, ambiguities or interpretation doubts regarding the content of the Regulations;
– changes in the registration procedure, conclusion of the Agreement or the process of placing, modifying or canceling Orders;
– change in the functionality of the Online Store;
– changes in the names, addresses, links or company data indicated in the Regulations;
– the need to update technical requirements or security standards indicated in the Regulations;
– improvement of User service;
– changes in payment and delivery methods.
12.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly informed about the changes and has not terminated the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient has the right to withdraw from the contract.
12.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, the amendments to the Regulations will not in any way infringe the rights acquired by the Customers / Customers before the effective date of the amendments to the Regulations, in particular, amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, implemented or performed.
12.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); The Consumer Rights Act; and other relevant provisions of generally applicable law.
13. SPECIMEN FORM OF WITHDRAWAL FROM THE CONTRACT
(ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
(this form should be filled in and returned only if you wish to withdraw from the contract)
Addressed:
FROGUM Limited liability company
street Cieszyńska 22, 05-825 Grodzisk Mazowiecki
frogum-shop.pl
contact@frogum-shop.com
I hereby inform about my withdrawal from the sales contract for the following items: ___________.
Date of conclusion of the contract / date of placing the order: ___________.
Consumer's name and surname: ___________ .
Consumer address: ___________ .
Consumer's signature (only if the form is sent in paper version): ___________ .
Date: ___________ .
You can use the ready-made form:
