Terms & Conditions
ONLINE STORE TERMS AND CONDITIONS
frogum-shop.com
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS OF CONCLUDING A SALES CONTRACT
4. METHODS AND TERMS OF PAYMENT
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF GOODS
6. COMPLAINTS
7. OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT TO WITHDRAW FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. USE OF PROMOTIONAL COUPONS AND DISCOUNT CODES
11. FINAL PROVISIONS
12. WITHDRAWAL FORM TEMPLATE
The www.frogum-shop.com Online Store cares about consumer rights. The Consumer may not waive the rights granted to him/her in the Act on Consumer Rights. Provisions of contracts less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In the event of any non-compliance of the provisions of these Terms and Conditions with the above provisions, priority shall be given to these provisions and they should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.frogum-shop.com is run by FROGUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Grodzisk Mazowiecki (registered address and service address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000963251; the registry court where the company’s documentation is stored: District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital in the amount of PLN 390,000; NIP (Tax Identification Number): 5291807370; REGON (Polish Business Registry Number): 362379750, contact@frogum-shop.com, telephone number: +48 22 22 82 808 and fax number: +48 22 22 82 808.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store (except item 9 of the Terms and Conditions, which is addressed only to entrepreneurs).
1.3. The Controller of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data is processed for purposes, within the scope and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains primarily the rules regarding the processing of personal data by the Controller in the Online Store, including the grounds, 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 Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. The Seller can be contacted in the following manners:
1.4.1 via mail to the address of the registered office: FROGUM sp. z o.o., ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
1.4.2 via e-mail to the following e-mail address: contact@ frogum-shop.com;
1.4.3 via the chat on the website https://www.frogum-shop.com/contact/;
1.4.4 by telephone at: +48 22 22 82 808 (information about the working hours of the helpline is available on the website of the Online Store; connection fee – as for a regular telephone connection according to the operator’s tariff of the person making the call).
1.5. Definitions:
1.5.1. WORKING DAY – a day from Monday to Friday, excluding public holidays.
1.5.2. REGISTRATION FORM – a form available in the Online Store that enables creating an Account.
1.5.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that enables placing an Order, in particular by adding Goods to the electronic cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
1.5.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – which has concluded or intends to conclude a Sales Contract with the Seller.
1.5.5. CIVIL CODE – the Act on the Civil Code 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 Contract) not directly related to his/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 Recipient, a set of resources in the Service Provider’s ICT system, in which data provided by the Service Recipient and information about Orders placed by him/her in the Online Store are collected.
1.5.8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Goods, news and special offers 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 nature for that person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Registration and Information on Business Activity.
1.5.10. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.5.11. ONLINE STORE – the Service Provider’s online store available at: www.frogum-shop.pl.
1.5.12. SELLER; SERVICE PROVIDER – FROGUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Grodzisk Mazowiecki (registered office address and service address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000963251; the registry court where the company’s documentation is stored: District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital in the amount of PLN 390,000; NIP: 5291807370; REGON: 362379750, contact@frogum-shop.com, telephone number: +48 22 22 82 808 and fax number: +48 22 22 82 808.
1.5.13. GOODS – movable items available in the Online Store which are the subject of the Sales Contract between the Customer and the Seller.
1.5.14. SALES CONTRACT – a contract for the sale of Goods 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 regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – using or intending to use the Electronic Service.
1.5.17. ACT ON CONSUMER RIGHTS, ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.5.18. ORDER – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Goods Sales Contract 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 completing a total of two subsequent steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Create an account” field. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: 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 Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: contact@frogum-shop.com 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. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking the “Buy and pay” field on the website of the Online Store after completing the Order Form – until then, it is possible to modify the data entered (for this purpose, follow the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, building/suite number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Contract: 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 Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Customer ceases to place an Order through it earlier.
2.1.3. Newsletter – the use of the Newsletter takes place after the e-mail address is provided in the “Newsletter” tab on the website of the Online Store, to which subsequent editions of the Newsletter are to be sent, accepting the terms and conditions and privacy policy by checking the appropriate checkbox and confirming by clicking the button with the envelope icon. Subscription to the Newsletter can also take place by ticking 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 Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following e-mail address: kontakt@frogum-shop.pl or in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki.
2.2. Technical requirements necessary for cooperation 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 newer or Internet Explorer version 7.0 and newer, Opera version 7.0 and newer, Google Chrome version 12.0.0 and newer; (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, taking into account respect for 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. Complaint 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 specified in items 6 and 7 of the Terms and Conditions) may be submitted by the Service Recipient, for example:
2.4.1.1 in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
2.4.1.2 via e-mail to the following e-mail address: contact@frogum-shop.com;
2.4.2. It is recommended that the Customer provides the following in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of appearance of the irregularity; (2) the Customer’s requests; and (3) contact details of the complainant – this will facilitate and accelerate the consideration 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.
2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3. TERMS OF CONCLUDING A SALES CONTRACT
3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with item 3.3.1. of the Terms and Conditions.
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. In the event of a desire to purchase more Premium Goods, the Customer is obliged to contact the Seller in advance, in one of the manners indicated in item 1.4. of the Terms and Conditions.
3.3. The price of the Goods presented on the website of the Online Store is presented in PLN and includes taxes. The total price including taxes of the Goods being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when it is impossible to determine the amount of these charges – about the obligation to pay them, the Customer is informed on the website of the Online Store when placing the Order, including when the Customer expresses his/her will to be bound by the Sales Contract.
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 in force in the Online Store during the period of 30 days before introduction of a reduction, with the proviso that if a given Good is offered for sale in a period shorter than 30 days, the price before the reduction is the lowest price of this Good, which was in force in the Online Store in the period from the date of commencement of offering this Good for sale to the date of introducing the reduction.
3.5. All FROGUM branded goods are own products of the Seller and are not licensed goods.
3.6. The procedure for concluding a Sales Contract in the Online Store using the Order Form
3.6.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with item 2.1.2 of the Terms and Conditions.
3.6.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Contract. Upon receipt of the above e-mail by the Customer, a Sales Contract is concluded between the Customer and the Seller.
3.7. The content of the concluded Sales Contract is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the website of the Online Store and (2) sending an e-mail referred to in item 3.6.2. of the Terms and Conditions to the Customer. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. METHODS AND TERMS OF PAYMENT
4.1. The Seller provides the Customer with the following payment methods under the Sales Contract:
4.1.1. COD upon delivery.
4.1.2. Payment by bank transfer to the Seller’s bank account in EUR.
4.1.2.1. Bank: ING Bank Śląski S.A.
4.1.2.2. Account number: 67 1050 1025 1000 0090 3207 4537
4.1.3. Electronic payments and card payments via the Przelewy24.pl website – possible current payment methods are specified on the website of the Online Store in the “FAQ” tab in the “What are the payment methods in the FroGum Premium Moto Shop?” and on the website https://www.przelewy24.pl/metody-platnosci.
4.1.3.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer’s choice via the Przelewy24.pl website. Electronic payment and payment card service is provided by:
4.1.3.1.1. Przelewy24.pl –PayPro S.A. with its registered office in Poznań (address of the registered office: PayPro S.A. – ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under the number 0000347935, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 476,300.00 paid in full, NIP: 779-236-98-87.
4.2. Payment term:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Contract.
4.2.2. If the Customer selects the COD payment, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF GOODS
5.1. Delivery of the Goods is available on 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, Italy.
5.2. Delivery of the Goods to the Customer is payable, unless the Sales Contract provides otherwise. The costs of delivery of the Goods (including charges for transport, delivery and postal services) are indicated to the Customer on the website of the Online Store in the “FAQ” tab in the “Fast delivery – how long will I wait for the package and what is the delivery cost?” and when placing an Order, including when the Customer expresses his/her will to be bound by the Sales Contract.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Goods:
5.3.1. Courier delivery, COD courier delivery.
5.3.2. Delivery to the Inpost parcel locker.
5.4. The deadline for delivery of the Goods to the Customer is up to 6 Working Days, unless a different deadline 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, may not exceed 6 Working Days. The beginning of the period of delivery of the Goods to the Customer is counted as follows:
5.4.1. If the Customer chooses the method of payment by bank 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 COD method of payment – from the date of conclusion of the Sales Contract.
6. COMPLAINTS
6.1. The basis and scope of the Seller’s liability towards the Customer, if the Goods sold have a physical or legal defect (warranty) are specified in generally applicable law, in particular in the Civil Code (in particular in Art. 556-576 of the Civil Code).
6.2. The Seller is obliged to deliver to the Customer, being a Consumer or Paraconsumer, Goods that are in conformity with the Contract. Detailed information concerning the Seller’s liability for non-compliance of the Goods with the Contract and the rights of the Customer, being a Consumer or Paraconsumer, are specified on the website of the Online Shop in the “FAQ” tab under “What to do if I receive faulty goods?” and in the “Return& Complaints Policy” tab.
6.3. A complaint may be submitted by the Customer,who is a Consumer or Paraconsumer, for example:
6.3.1. in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki
6.3.2. via e-mail to the following e-mail address: contact@frogum-shop.com;
6.4. The complaint should contain: (1) details of the person making the complaint (name and surname, correspondence address or e-mail address, optional contact telephone number); (2) information and circumstances concerning the subject of the complaint, in particular, if possible, the type and date of the defect; (3) if possible, a request for the manner of bringing the Goods into conformity with the Sales Agreement;.
6.5. It is recommended to attach to the complaint, if possible, photographs showing the non-compliance of the Goods with the Contract. Sending such photographs to the Seller may allow some complaints to be resolved positively without the need – depending on the Consumer or Paraconsumer Customer’s request and the basis of the complaint – for the Seller to collect the non-conforming Goods from the Consumer or Paraconsumer Customer or for the Consumer or Paraconsumer Customer to return the non-conforming Goods to the Seller.
6.6. The Seller shall respond to the complaint of the Customer, being a Consumer or Paraconsumer, immediately, no later than within 14 calendar days from the date of its submission. The Seller shall notify the person submitting the complaint of the manner of resolving the complaint by letter sent to the address provided in the complaint or by e-mail – depending on the method of complaint submission.
6.7. Subject to the option which may be voluntarily exercised in accordance with clause 6.5 above, a Customer who is a Consumer or Paraconsumer shall make available to the Seller Goods which are not in conformity with the Contract and which are subject to repair or replacement. The Seller shall collect the Goods from such Customer at its expense. The details of the collection of the Goods will be agreed on an individual basis within the framework of the complaint in question.
6.8. Subject to the option which may be voluntarily exercised in accordance with clause 6.5 above, in the event of withdrawal from the Contract due to non-conformity of the Goods with the Contract, the Customer who is a Consumer or Paracons shall immediately return the Goods to the Seller at the Seller’s expense.
6.9. The Seller shall reimburse the Customer, being a Consumer or Paraconsumer, immediately, but no later than within 14 days of receipt of the Goods or proof of their return
6.10. In accordance with Article 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Goods towards the Customer who is not a Consumer or Paraconsumer is excluded.
7. OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the 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, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw), whose task is, among others, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The Consumer has the following options of using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for dispute settlement to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller’s business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, among others, by e-mail at the address porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator’s tariff).
7.4. The platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the website of the platform 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. A Customer who is a Consumer, as well as a Customer who is a Paraconsumer who has concluded a Distance Contract, may withdraw from it within 30 calendar days without giving any reason and without incurring costs, except for the costs specified in item 8.8 of the Terms and Conditions. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the Contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
8.1.2. via e-mail to the following e-mail address: contact@frogum-shop.com;
8.2. An withdrawal form template is included in Annex 2 to the Act on Consumer Rights and is additionally available on the website of the Online Store in the “Return & Complaints Policy” tab. The Consumer may use the form template, but it is not mandatory.
8.3. The period for withdrawing from the contract begins:
8.3.1. for the Contract under which the Seller releases the Goods, being obliged to transfer its ownership (e.g. Sales Contract) – from taking possession of the Goods by the Consumer or Paraconsumer or a third party indicated by them other than the carrier, and in the case of a Contract which: (1) applies to many Goods that are delivered separately, in batches or in parts – from taking possession of the last Good, its batch or part, or (2) involves regular delivery of the Goods for a fixed period – from taking possession of the first of the 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, not later than within 14 calendar days from the date of receipt of the Consumer’s or Paraconsumer’s statement on withdrawal from the Contract, return to the Consumer or Paraconsumer all payments made by him/her, including the costs of delivery of the Goods (except for additional costs resulting from the delivery method other than the cheapest standard delivery method available in the Online Store chosen by the Consumer or Paraconsumer). The Seller refunds the payment using the same method of payment as used by the Consumer or Paraconsumer, unless the Consumer or Paraconsumer expressly agreed to a different method of return, which does not involve any costs for him/her. If the Seller has not offered to collect the Goods from the Consumer or Paraconsumer, the Seller may withhold the reimbursement of payments received from the Consumer or Paraconsumer until the Seller receives the Goods back or the Consumer or Paraconsumer provides proof of its return, depending on which event occurs first.
8.6. The Consumer or Paraconsumer is obliged to immediately, not later than within 14 calendar days from the date on which they withdrew from the Contract, return the Goods to the Seller or hand them over to the person authorized by the Seller to collect them, unless the Seller proposed that the Seller would collect the Goods. To meet the deadline, it is enough to send back the Goods before its expiry. The Consumer or Paraconsumer 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 Paraconsumer is responsible for the decrease in the value of the Goods as a result of using them in a way 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 Paraconsumer’s withdrawal from the Contract, which the Consumer or Paraconsumer is obliged to incur:
8.8.1. If the Consumer or Paraconsumer has chosen a method of delivery of the Goods other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to reimburse the Consumer or Paraconsumer for the additional costs incurred by him/her.
8.8.2. The Consumer or Paraconsumer bears the direct costs of returning the Goods.
8.8.3. In the case of Goods being a service, the provision of which – at the express request of the Consumer or Paraconsumer – began before the expiry of the deadline to withdraw from the Contract, the Consumer or Paraconsumer who exercises the right to withdraw from the Contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the Contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the Contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract referred to above cannot be exercised by the Consumer or Paraconsumer in the cases referred to in Art. 38 sec. 1 item 1-14 of the Act, i.e. 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 provided the service with the express and prior consent of the Consumer or Paraconsumer, who was informed before the commencement of the service that after the provision of the service by the Seller, he/she will lose the right to withdraw from the Contract, and took note of it; (2) in which the subject of the service is a non-prefabricated Good, manufactured according to the Consumer’s or Para-consumer’s specifications or serving to satisfy his/her individual needs; (3) in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package 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 items; (5) in which the Consumer or Para-consumer explicitly demanded that the Seller come to him/her for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer or Paraconsumer, or provides Goods other than spare parts necessary to perform the repair or maintenance service, the Consumer or Paraconsumer has the right to withdraw from the Contract in relation to additional services or Goods; (6) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the Contract specifies the day or period of service provision.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This item 9 of the Terms and Conditions and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a Consumer or Paraconsumer.
9.2. The Seller has the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract 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 payment method chosen by the Customer and the fact of concluding the Sales Contract.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving a reason by sending a relevant statement to the Service Recipient.
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 and delivery costs paid under the Sales Contract, but not more than one thousand PLN. The amount limit referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the case of failure to conclude a Sales Contract or not related to the Sales Contract. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damage foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for delays in shipments.
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 registered office of the Seller/Service Provider.
10. ADDING MERCHANDISE REVIEWS
10.1. The Seller verifies reviews of Goods posted on the Online Shop as described below.
10.2. Only customers who have created a “My Garage” Account in the Online Shop and, after logging in, have purchased the respective Goods, have the possibility of adding opinions about the purchased Goods.
10.3. In order to add an opinion about the purchased Goods, the Customer should log in to his/her “My Garage” Account.
10.4. Then go to the Goods tab and, in the Customer reviews section, press the “Add opinion” button. The “Add feedback” button is only visible to Customers who have previously purchased Goods from the Online Shop.
10.5. When the text box appears, write the text of the opinion. When you have finished writing your opinion, press the [Send opinion] button. After pressing this button, the opinion will appear on the online shop’s website.
11. USE OF PROMOTIONAL COUPONS AND DISCOUNT CODES
11.1. Issuing 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 those goods and/or cart values that meet the coupon conditions set out below. We reserve the right to exclude certain brands, categories of goods or individual items from the special offer. The coupon code should be used by the Customer during the ordering process by filling in the appropriate code in the shopping cart before proceeding to payment and checkout. We are under no obligation to retrospectively credit or pay the promotional amount. We reserve the right to exclude certain users from the above offers.
11.2. 5% coupon conditions for newsletter subscription:
– Value – 5%
– Validity – unlimited
– Applies to – all items except those on sale
– Can be combined with other special offers or coupons? – No
– Coupon entitles to a one-time purchase of Goods at a reduced price
12. FINAL PROVISIONS
12.1. Contracts concluded through the Online Store are concluded in Polish.
12.2. Change in the Terms and Conditions:
12.2.1. The Service Provider reserves the right to change the Terms and Conditions for important reasons, to the extent that these changes affect the implementation of the provisions of these Terms and Conditions, i.e.:
– changes in the law or its interpretation applied by courts or public authorities;
– issuance of a ruling, decision, recommendation or other similar act by a court or authorized public authority;
– extending the range of Goods with Goods subject to specific legal regulations, requiring their inclusion in the Terms and Conditions;
– adding new online channels of sales conducted by the Online Store (e.g. mobile application);
– introducing promotional activities in the Online Store;
– preventing violations of the Terms and Conditions or counteracting infringements;
– removal of possible mistakes, errors, ambiguities or interpretation doubts regarding the content of the Terms and Conditions;
– changes in the registration procedure, conclusion of Contracts or the process of placing, modifying or cancelling Orders;
– changing the functionality of the Online Store;
– changes in the scope of names, addresses, links or company data indicated in the Terms and Conditions;
– the need to update the technical requirements or security standards indicated in the Terms and Conditions;
– improving user service;
– changes in payment and delivery methods.
12.2.2. In the event of concluding continuous contracts on the basis of these Terms and Conditions (e.g. the provision of Electronic Services – Account), the changed Terms and Conditions bind the Service Recipient, if the requirements set out in Art. 384 and 384 [1] of the Civil Code, i.e. the Service Recipient was properly notified of the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that a change in the Terms and Conditions results in the introduction of any new fees or an increase in the current ones, 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 Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions will not in any way affect the rights acquired by Service Recipients/Customers before the date of entry into force of the amendments to the Terms and Conditions, in particular, changes to the Terms and Conditions will not affect already placed or submitted Orders and concluded, implemented or executed Sales Contracts.
12.3. In matters not covered by these Terms and Conditions, 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 Act on Consumer Rights; and other relevant provisions of generally applicable law.
13. WITHDRAWAL FORM TEMPLATE
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
(this form should be completed and returned only if you wish to withdraw from the contract)
Addressee:
FROGUM Spółka z Ograniczoną Odpowiedzialnością
ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki
frogum-shop.pl
kontakt@frogum-shop.pl
I hereby inform about my withdrawal from the sales contract concerning the following items: ___________ .
Date of conclusion of the contract / date of placing the order: ___________ .
Consumer’s name and surname: ___________ .
Consumer’s address: ___________ .
Consumer’s signature (only if the form is sent on paper): ___________ .
Date: ___________ .