Terms and Conditions

I. General Provisions

  1. These Regulations govern the terms of use of the Online Store operated at fabrykatoreb.com.pl by Entrepreneurs.

  2. The online store, operating at fabrykatoreb.com.pl (hereinafter: Online Store) is run by Radosław Parys, operating under the company PLASTIKA at ul. Kubusia Puchatka 11, 10-696 Olsztyn, entered into the Central Register and Information on Economic Activity of the Republic of Poland, NIP: 7391583416, REGON: 510996269, hereinafter referred to as the "Seller".

  3. Contact details enabling the Buyer to contact the Seller: postal address: ul. Kubusia Puchatka 11, 10-696 Olsztyn; telephone number 89 541 86 11; e-mail address: sklep@fabrykatoreb.com.pl.

  4. The Online Store Regulations are continuously posted on the website fabrykatoreb.com.pl in a way that allows Buyers to obtain, reproduce and store its content. The Regulations may also be made available to Buyers upon their request in another form.

II. Definitions

The terms used in these regulations mean:

  1. Consumer - is a natural person within the meaning of Art. 221 of the Civil Code.

  2. Buyer - is an Entrepreneur.

  3. Entrepreneur - is a natural person, legal person or an organizational unit not being a legal person, to whom the law grants legal capacity, conducting economic, professional or statutory activity in its own name and performing a legal act directly related to its economic, professional or statutory activity.

  4. Entrepreneur with consumer rights (hereinafter PPK) - is a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it is not of a professional nature for this person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

  5. Seller - Radosław Parys, conducting business activity under the company PLASTIKA at ul. Kubusia Puchatka 11, 10-696 Olsztyn, entered into the Central Register and Information on Economic Activity of the Republic of Poland, NIP: 7391583416, REGON: 510996269.

  6. Online Store - an online store run by the Seller at fabrykatoreb.com.pl.

  7. Civil Code - Act of April 23, 1964 (Journal of Laws 2020.1740).

  8. Goods - bags that are the subject of a sales agreement between the Seller and the Buyer.

  9. Regulations - these regulations for the provision of services by electronic means within the meaning of Art. 8 of the Act on the provision of services by electronic means of July 18, 2002 (Journal of Laws 2020.344).

  10. Order - a declaration of will by the Buyer, in which the Buyer declares to purchase based on information contained on the website fabrykatoreb.com.pl, regarding in particular: price, type, quantity of Goods, within the framework of a sales agreement via the online store.

  11. Consumer Rights Act - Act of May 30, 2014 on consumer rights (Journal of Laws 2020.287).

III. Rules for using the online store

  1. The prices of all Goods offered by the Store are gross prices (include VAT) and are expressed in Polish zlotys. Deviations from the Polish currency rule are clearly marked.

  2. The prices displayed on the website of the store fabrykatoreb.com.pl, as well as descriptions of Goods, constitute only commercial information, and not an offer within the meaning of the Civil Code. They acquire a binding character - for the purpose of concluding a specific agreement - only upon confirmation of acceptance of the order for execution by the Seller.

  3. The Seller uses discount codes in the online store fabrykatoreb.com.pl authorizing the purchase of goods with a discount placed on the coupon. Discount codes are not exchangeable for cash equivalent.

  4. To place an order in the online store fabrykatoreb.com.pl, acceptance of these Regulations is required.

  5. To effectively place an order in the Online Store fabrykatoreb.com.pl, it is necessary to have a device with Internet access allowing browsing of websites, as well as a keyboard or other device allowing correct completion of electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.

  6. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the content of the page to the device on which it is displayed. The Store's website is prepared for display on both desktop computers and mobile devices.

  7. The Online Store website fabrykatoreb.com.pl has an SSL certificate - a secure communication encryption protocol.

IV. Terms of concluding a sales agreement

  1. Orders in the online store fabrykatoreb.com.pl are placed by filling in the appropriate forms available on the store's pages.

  2. When placing an order, the Buyer is obliged to provide their correct data, i.e., full company name, first and last name of the authorized representative, NIP tax identification number, postal address, e-mail address, and mobile phone number.

  3. Upon receipt of the order, the Seller confirms its receipt. The Seller confirms acceptance of the order for execution by sending an appropriate e-mail message to the Buyer at the address provided in the order form. At the moment of confirmation of acceptance of the order for execution by the Seller, the agreement is considered concluded.

  4. The content of the sales agreement is made available and recorded by making these Regulations available on the Online Store's website and by sending relevant information to the Buyer's e-mail address provided when placing the order.

  5. Placing Orders in the online store fabrykatoreb.com.pl is possible 24 hours a day, all year round.

V. Method of payment and payment deadline

  1. In the Fabrykatoreb.com.pl Online Store, it is possible to pay in one of the following ways:

  2. bank transfer to the Seller's bank account,

  3. cash on delivery,

  4. via third-party payment services.

  5. After placing an order, the Customer receives by e-mail the bank account number to which the appropriate amount should be transferred. As soon as the payment is credited to the bank account of the Fabrykatoreb.com.pl Online Store, the order is forwarded for execution.

  6. The Fabrykatoreb.com.pl Online Store allows payment through the following external electronic payment services such as:

  7. Przelewy24.

  8. The Customer is obliged to make payment using one of the above-mentioned methods within 7 calendar days from the date of conclusion of the sales agreement.

  9. In the case of choosing cash on delivery payment, the Customer is obliged to make payment upon receipt of the shipment.

VI. Delivery

  1. Ordered goods are delivered exclusively within the territory of the Republic of Poland and exclusively to the address indicated by the Buyer in the order form.

  2. The shipping time for goods is indicated on the fabrykatoreb.com.pl online store pages and is up to 48 hours from the moment the order is passed for execution. The Seller will make every effort to ensure that the delivery of the goods takes place within the time specified in the product card of the online store. In case of impossibility to deliver the goods within the aforementioned time, the Buyer will be informed immediately.

  3. Delivery of ordered Goods takes place via:
    InPost CourierInPost Parcel Lockers

  4. At the moment of handing over the goods to the Courier company, the Buyer is informed of this fact by sending an e-mail to the address provided in the order.

  5. The Buyer may also pick up the ordered goods in person at the fabrykatoreb.com.pl company headquarters. In the case of personal collection, the Buyer does not bear the costs of delivering the goods.

  6. The costs of delivering the Goods are provided on the Store's website. The costs of delivering the Goods are borne by the Buyer.

  7. At the moment of accepting the goods, the Buyer is obliged to confirm its receipt. From this moment on, the goods become the property of the Buyer.

VII. Withdrawal from the agreement

  1. The Buyer, who is an Entrepreneur with consumer rights - PPK, has the right to withdraw from the concluded sales agreement within 14 days from the date of delivery of the goods, without stating a reason.

  2. In the event of exercising the right referred to in the preceding point, the PPK Buyer should inform the Seller by submitting a withdrawal statement on the form provided by the Seller, which can be sent by mail to the Seller's address ul. Kubusia Puchatka 11, 10-696 Olsztyn; it can also be done electronically using the electronic withdrawal form sent to the Seller's e-mail address sklep@fabrykatoreb.com.pl. To meet the deadline, it is sufficient to send the statement before its expiry. A withdrawal statement submitted after the deadline referred to in point VII.1 above does not produce legal effects.

  3. The withdrawal form (Attachment No. 1 to these Regulations) is provided to the PPK Buyer, in paper form (in the documentation attached to the shipment) and in electronic form (as an attachment to the electronic correspondence confirming acceptance of the order for execution).

  4. In the event that the PPK Buyer submits a statement of withdrawal electronically via the electronic withdrawal form, the Seller will immediately send confirmation of receipt of the statement of withdrawal (on a durable medium within the meaning of Article 2 point 4 of the Act of May 30, 2014 – on consumer rights).

  5. In the event of withdrawal from the agreement, all payments made by the PPK Buyer, subject to points VII6, VII7 and VII10 of these regulations, including the costs of delivery of the Goods, will be transferred to the PPK Buyer's bank account immediately, but not later than within 14 days from the date the Seller received the statement of withdrawal from the agreement.

  6. If the Seller has not offered to collect the Goods himself from the PPK Buyer, he may withhold the reimbursement of payments received from the PPK Buyer until he receives the Goods back or until the PPK Buyer provides proof of their return, whichever occurs first.

  7. In the event of withdrawal from the agreement, the Seller will not reimburse the PPK Buyer for additional costs resulting from the PPK Buyer choosing a more expensive delivery method than the cheapest ordinary delivery method available in the Online Store - Article 33 of the Act of May 30, 2014 - on consumer rights.

  8. The PPK Buyer shall bear only the direct costs of returning the goods. If the goods cannot be sent back in the usual way by post, the Seller is obliged to collect the Goods from the PPK Buyer at their own expense.

  9. The PPK Buyer is obliged to properly secure the returned goods so as to prevent their damage during transport.

  10. In the event of withdrawal from the agreement, the PPK Buyer is obliged to return the goods immediately, but no later than 14 days from the date on which they withdrew from the agreement. The Seller may stipulate that the goods to be returned will be collected by him or a person authorized by him.

  11. If the returned goods are incomplete or bear signs of use exceeding necessary use, the Seller reserves the right to refuse to accept the shipment or to reduce the refunded amount by the decreased value of the goods.

  12. The Seller declares that the refund of payment, referred to in VII.5 of the Regulations, will be made using the same method of payment that the PPK Buyer used. The Seller, in agreement with the PPK Buyer, may establish another method of refund, which will not involve the PPK Buyer incurring additional costs.

  13. The Seller declares that the right of withdrawal does not apply to contracts covered by Art. 38 of the Act of May 30, 2014 – on consumer rights.

  14. By entering into the agreement, the PPK Buyer confirms that they have read the content of these regulations, including confirming that they have been informed of the right to withdraw from the concluded sales agreement within 14 days from the date of delivery of the Goods.

VIII. Complaints

  1. The basis and scope of the Seller's liability towards the Buyer for the non-conformity of the Product with the Agreement are defined by generally applicable legal provisions and the following provisions of the Regulations.

  2. The Seller is obliged to deliver a product free from defects.

  3. In the event of a defect being revealed in a Product purchased in the Seller's online store, the Buyer has the right to file a complaint based on the provisions regarding warranty contained in the civil code.

  4. A complaint should be submitted immediately after the defect of the Goods is revealed.

  5. A complaint can be sent by post to the Seller's address - ul. Kubusia Puchatka 11, 10-696 Olsztyn or by e-mail to sklep@fabrykatoreb.com.pl. In the complaint, the Buyer should indicate the defect they believe the Goods have and their contact details. A Buyer who is not a PPK should, if possible, document the reported defect and indicate the date of its revelation - the above requirements, in relation to a Buyer who is a PPK, are recommendations, their absence does not affect the effectiveness of the complaint.

  6. Complaints regarding damage to the Goods during transport will be considered provided that a damage report is drawn up in the presence of the person delivering the Goods, on the form of the Goods deliverer, and if the deliverer does not have such a form, on the form which is attachment no. 2 to these regulations or on the basis of photographic documentation made immediately after unpacking the shipment and discovering damage to its contents.

  7. The Seller shall respond to the complaint within 14 days of receiving the complaint notification, in the manner chosen by the Buyer for submitting the complaint (by letter or e-mail). The date of dispatch of the letter or sending of the e-mail by the Seller shall be considered as the date of response to the complaint. Failure of the Seller to respond to the complaint of a Buyer who is a PPK within the above deadline means that the Seller has deemed the complaint of the Buyer who is a PPK to be justified.

  8. Detailed information concerning the possibility for the Buyer who is a PPK to use out-of-court dispute resolution methods and claim enforcement, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.

  9. A Buyer who is a PPK has, in particular (but not exclusively), the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims, i.e., they are entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent amicable consumer courts are specified in the regulation of the Minister of Justice of July 6, 2017 on specifying the regulations for the organization and operation of permanent amicable courts at provincial inspectors of trade inspection. (Journal of Laws of 2017, item 1356).

IX. Rules for publishing reviews

  1. Each Buyer may publish reviews about the Goods and the operation of the online store in the appropriate place on the Store's website. The review should be written in Polish, observing the rules of correct Polish language.

  2. Opinions are subjective statements of Buyers. The Seller bears no responsibility for their content.

  3. The Buyer declares that their statement does not violate applicable law or the rights of third parties. They bear full responsibility for statements placed by them in the Online Store fabrykatoreb.com.pl

  4. The submitted opinion is verified by the Seller to check whether it contains prohibited content and removes such an opinion, in particular, when the opinion violates applicable regulations, contains prohibited, advertising content, personal data, violates copyright, etc.

X. Personal data

  1. The administrator of personal data is the Seller.

  2. Personal data protection rules are described in the Privacy Policy of the online store fabrykatoreb.com.pl, available at fabrykatoreb.com.pl.

XI. Final Provisions

  1. The Seller reserves the right to introduce changes to these Regulations for important reasons. All changes to the Regulations come into force on the appropriate date indicated by the Seller, but not earlier than 7 days.

  2. The amended Regulations are binding on the Buyer if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e., they have been properly notified of the changes and have not terminated the agreement within 14 calendar days from the date of notification.

  3. In accordance with Art. 8 sec. 3 point 2 letter b of the Act of July 18, 2002 on the provision of services by electronic means, the entity using the fabrykatoreb.com.pl online store website is obliged not to post illegal content on this website.

  4. In matters not regulated by these regulations, the relevant provisions of the Civil Code and the Act of 30.05.2014 - on consumer rights shall apply.

  5. These Regulations are available at the internet address fabrykatoreb.com.pl.

  6. Agreements with the Seller are concluded in Polish.

  7. The Regulations come into force on 1.08.2021.

MODEL WITHDRAWAL FORM

[This form should be completed and returned only if you wish to withdraw from the contract]

______________________

Town, date

……………………………………………………

……………………………………………………

……………………………………………………

Company, Name and surname, address, e-mail address, phone number, VAT ID

Entrepreneur entitled to consumer rights (PPK)

[Seller's Name and Address]

I/We* hereby inform you of my/our* withdrawal from the contract of sale of the following goods*: ……………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………….

Date of purchase / receipt*………………………………………..……………….

Bank account number for refund ** ……………………………………………………………

Account holder: ……………………………………………………………………………………………………………

_____________________

Signature of authorised representative
(only if the form is sent
in paper form)

* delete as appropriate

** if different from the bank account from which payment was made