Regulations

§ 1

The Seller

1. The owner of the Company is:

Firma Handlowo Usługowa Aleksandra Brewczyńska

ul. Wysockiego 41 lok 13, 42-200 Częstochowa

NIP: 9492067249

REGON: 243213957

Phone number: +48 509091187

E-mail: sklep@fotofactory24.pl



§ 2­

General provisions

1. Online shop [farther Shop] conducts retail sales via Internet based on these Regulations [farther Regulations].

2. Consumer [farther Customer] is a person who effects with the Shop the act in law which is directly not connected with his/her business or professional activity (Art. 22 of Civil Code).

3. Entrepreneur [farther Entrepreneur] is a person / subject / organisation effecting with the Shop the act in law associated with his/her business or professional activity.

4. Theses Regulations are an integral part of the contract of sale conducted between the Customer/Entrepreneur.

5. Quoted prices in the Shop are gross prices (including VAT).

6. The goods available in the Shop are new and free from any physical and legal defects. The exeption are goods shown on the website of the Shop whose physical defects are clearly emphasized in the description. It is possible to purchase these goods with a discount.

§ 3

Orders

1. The orders are placed in the following manner:

· via the form available on the website of the Shop (customer's basket),

· via e-mail to the address available on the website of the Shop,

· by phone to the phone number available on the website of the Shop.

2. The condition to complete the order is for the Customer/entrepreneur to provide all the data needed for verification of the Customer/entrepreneur. The shop confirms the acceptation of an order by sending an e-mail to the address given while placing an order. The shop has the right to refuse to accept an order, to limit the manner of payment or to demand the advance payment in the event the order raises justified doubts as for the truth and diligence of data or the method of payment.

3. Binding for the sides is information visible on the website of the Shop in the moment of placing the order. It regards in particular: the price, characteristics of goods, its features, elements being included in a set, dates and manner of delivery.

4. Information on the website do not constitute "the Shop offer" in the understanding of the Civil Code. Customer/Entrepreneur placing an order fills the offer to buy determined goods.

5. Placing an order the Customer/Entrepreneur submits an offer to enter into an agreement of the sale of ordered products.

6. After placing an order - message is being sent to the indicated e-mail address with information about next steps in order to complete an order:

After verification of the order the Shop sends information about accepting an order for the accomplishment to the e-mail address given by the Customer/Entrepreneur. Information about accepting an order for the accomplishment is a declaration of the Seller about the acceptance of an offer. Upon the moment of receiving it by the Customer/Entrepreneur an agreement is entered.

7. After the agreement of sale has been entered the Shop confirms conditions for the Customer/Entrepreneur sending them to the e-mail address of Customer/Entrepreneur or in writing to the address indicated by the Customer/Entrepreneur while placing an order.

8. In case of a bank transfer payment method the date of the completion of an order is counted from the moment in which funds are posted to the banking account of the Shop.

9. The shop has a legal responsibility to the Customer/Entrepreneur based on the law of the statutory warranty governed by the Civil Code from 23 April 1964 (Dz.U. nr 16, poz. 93 ze zm.) for the period of 24 months (in case of new goods) or for the period of 12 months (in case of all second-hand goods). A thorough description of the complaints procedure is in § 6 of these regulations.

§ 4

Payments



1. The Customer/Entrepreneur has payment methods to choose from:

· payment in cash during personal receipt (cash),

· electronic payments via Krajowy Integrator Płatności S.A. (tpay.com),

· payment by the transfer (advance payment),

· collection on delivery.

2. Prices of parcels are defined in the summary of the order.

3. A payment for goods and delivery is a condition to receive the goods.

4. In case of payment by bank transfer the amount due should be transfered within 7 working days from the moment of the confirmation of the order by the Shop. Otherwise the Shop wil cancel an order.

§ 5

Shipment

1. Ordered goods are sent by the Shop via courier companies, by mail (Poczta Polska) or are made available for the personal receipt in the Shop.



§ 6

Customer complaints

1. In case of non-compatibility of goods with the agreement the Customer/Entrepreneur should send the goods to the Shop along with the description of non-compatibility. The Customer/Entrepreneur covers the mailing costs. Address to which the Customer/Entrepreneur should send goods back is the following:

Firma Handlowo Usługowa Aleksandra Brewczyńska

ul.Wysockiego 41 lok. 13

42-200 Częstochowa

2. The Shop responds to the customer complaint within 14 days from the moment when the goods have been returned along with the description of non-compatibility.

3. When the completion of the justified customer complaint is connected with sending to the Customer/Entrepreneur new or repaired goods, the Shop incurs the costs of supplies.

4. In case of admitting to a complaint the Shop returns incurred costs of the shipment to the Customer/Entrepreneur.

5. Every Customer may use extrajudicial ways of investigating the customer complaints and pursuing claims. For the Customer mediation is possible. Lists of permanent mediators and existing mediatory centres are available and handed over by Chairmen of competent courts. More information is available on the website: http://www.uokik.gov.pl/spory_konsumenckie.php

6. A template form for customers' complaints is an appendix no 2 to the Regulations.

7. The shop has a legal responsibility to the Customer/Entrepreneur based on the law of the statutory warranty governed by the Civil Code from 23 April 1964 (Dz.U. nr 16, poz. 93 ze zm.) for the period of 24 months (in case of new goods) or for the period of 12 months (in case of all second-hand goods). A thorough description of the complaints procedure is in § 6 of these regulations.

8. The Customer/Entrepreneur in the moment of appearance of a defect may demand from the Shop (according to the law of the statutory warranty):

· exhange goods for new ones;

· repair of goods;

· discount;

· withdrawal from an agreement - once the defect is terminal.

The shop will respond to the requests of the Customer/Entrepreneur within 14 days from the moment of receiving a request.

The shop will investigate requests for the Customer/Entrepreneur taking the following circumstances into consideration:

· the easiness and time needed to the exchange or repair the goods;

· character of the defect - essential or minor;

. if there were any customers' complaints concerning the item

9. The shop may refuse the Customer/Entrepreneur to demand the exchange or repair goods provided that the exchange or repair of goods is unfeasible or would require excessive costs. The shop will suggest an alternative solution in such a case.

10. All litigations incurred on the basis of these Regulations or contracts of sale can be resolved in the way of mediation. More information may be found here:

https://uokik.gov.pl/wazne_adresy.php#faq595

http://ec.europa.eu/consumers/odr/



§ 7

The right of withdrawal from an agreement



1. Based on the Act on Laws of the Consumer from 30 May 2014 the Customer has a right of withdrawal from an agreement without stating the cause.

2. Withdrawal from an agreement is effective if the Customer folds statement on the withdrawal within 14 days from the date of delivering goods. Making a statement before its expiry is enough for keeping the date. The form of making a statement can be any, e.g.

· the statement on the form which template constitutes annex to an Act about laws of the Consumer from 30 May 2014 (constituting the appendix no 1 to Regulations),

· via e-mail: sklep@fotofactory24.pl,

· by phone: 509091187,

· personally in the Shop.

3. The customer returns goods to the Shop at his own expense within 14 days from making a statement about the withdrawal from the agreement .

4. The Shop staff checks the state of the provided product within 3 working days of receiving the parsel.

5. The Shop makes a refund within 14 days from the date of receiving of the statement. The Shop may postpone the return of payments received from the Customer to the moment of receiving the goods back.

6. The Shop makes a refund using the same method of payment which a Customer has used. In case of the payment using the payment card the refund is being made to the card's account.

7. In the event that the Customer chose other than the cheapest offered by the Shop way of delivery the Shop won't return any extra costs incurred to the Customer. The shop will return only a cost of the cheapest delivery of the given goods to the Customer.

8. The Customer covers all direct costs of the return of the goods (e.g. packaging costs, securities, courier).

9. Customer doesn't have a right of withdrawal in the following cases of agreements:

· in which the matter is a not-prefabricate object produced according to the specification of the Customer or meeting his individualized needs; (e.g. printout of the photographic backdrop)

10. Prawo odstąpienia od umowy bez podawania przyczyny nie przysługuje Przedsiębiorcy.

11. Klient ponosi odpowiedzialność za zmniejszenie wartości rzeczy, będące wynikiem korzystania z niej w sposób wykraczający poza konieczny do stwierdzenia charakteru, cech i funkcjonowania rzeczy.

10. Entrepreneur doesn't have a right to the withdrawal from the agreement without stating the cause.

11. The Customer bears responsibility for deterioration of the goods as a result of using it in the way going beyond pose necessary to state character, features and functioning of the goods.



§ 8

Customer's/Entrepreneur's account

1. The Customer/Entrepreneur may create an account for: personalized shopping, preview the history of orders, preview of statuses of orders, change of mail-order data (address), access to special offers, simplifying the process of ordering.

2. The shop doesn't charge Customer/Entrepreneur for having an account.

3. The Customer/Entrepreneur may create an account filling in interactive forms on the website of the Shop.

4. After filling in interactive forms on the website of the Shop a message with information about next stages to the completion of creating the account is being sent to the e-mail address indicated during the registration.

After the data verification the Shop sends information about creating the account for the Customer/Entrepreneur to the e-mail address given. Information about creating the account is a declaration of the Seller about the beginning of the account running service.

5. Every Customer/Entrepreneur may remove the account at any moment dissolving a contract of running the account. You may remove the account by:

sending an e-mail to the address: sklep@fotofactory24.pl. In the e-mail message there should be data allowing the identification of the owner and information about desire to dissolve a contract.

phone: 509091187

by letter at the address:

Firma Handlowo Usługowa Aleksandra Brewczyńska

ul.Wysockiego 41 lok 13

42-200 Częstochowa

6. The customer/entrepreneur should keep the password to the account a secret.

7. The shop may refuse the registration when the data given during the registration raise justified doubts as for the truth and diligence.

§ 9

Intellectual property

1. It is forbidden to use any materials published on the website of the Shop (including photographs and descriptions of goods) without a written permission of the Shop.



§ 10

Privacy protection

1. Making an order the Customer/Entrepreneur agrees to process his personal data to the purpose of the completion of an order and/or the completion of a contract of running the account.

2. Processing of personal data takes place in accordance with the Act of 29 August 1997 about the protection of personal data (Dz.U. z 2002 r. Nr 101, poz. 926 as amended).

3. The customer has a right to look into his personal details, to make corrections to them, to demand to cease processing them and to make opposition against processing them.



§ 11

Technical means

1. In order to use the online shop - including browsing the assortment and making orders - it's essential to have:

a) terminal unit (e.g. computer, tablet, smartphone) with the Internet access and a web browser e.g. Internet Explorer, Google Lame, Mozilla Firefox, Opera, Safari;

b) active electronic mail account (e-mail);

c) active Java system;

d) approval to use cookie files (required to make an order).



§ 12

The coming into effect and amendments to the Regulations

1. Regulations enter into force with the day of the publication on the website.

2. These Regulations may be changed.

3. Amendments to the Regulations will be published on the website of Shop.

4. Information about amendments to the Regulations will be sent to the Customer/Entrepreneur having the account on website of the Shop to the e-mail address entered while creating the account.

5. Amendments to the Regulations come into effect after the end of 14 days from the day of their publication in the way determined in sec. 3.

6. The shop recognizes that Customer/Entrepreneur having the account on website of the Shop has accepted the amendments to the Regulations if Customer/Entrepreneur didn't dissolve an agreement until the end of the period indicated in sec. 5.

7. In unsettled matters Polish law is applicable.


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