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I. General

  1. These Regulations define the general conditions, the manner of providing Services electronically and sales via the Online Store www.framre.pl. The store is run by EMI DAMIAN GIELATA SPÓŁKA KOMANDYTOWA with its registered office in Biertowice, at the address Biertowice 256, 32-440 Sułkowice, registered by the District Court for Kraków Śródmieście in Kraków, XII Commercial Division of the National Court Register, KRS 0000936268, NIP 6812089648, REGON 520583625, BDO 000551800 , represented by Damian Gielata - general partner, entitled to independent representation, hereinafter referred to as the Seller.
  2. Contact with the Seller is via:
    - email address: Office@framre.com 
    - phone number: +48 728 808 601
    - contact form available on the website of the Online Store.
    - chat available on the store's website.
  3. These Regulations are continuously available on the website www.framre.com, in a way that allows its acquisition, reproduction and recording of its content by printing or saving on a carrier at any time.
  4. The Seller informs that the use of Services provided electronically may involve a threat on the part of every Internet user, consisting in the possibility of introducing malware into the Customer's ICT system and obtaining and modifying his data by persons unauthorized. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.

II. Definitions

The terms used in the Regulations mean:

III. Rules for using the Online Store

  1. Workdays – these are days from Monday to Friday, excluding public holidays;
  2. Client – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, who places orders as part of the Online Store or uses other Services available in the Online Store ;
  3. Civil Code – Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Consumer – A customer who is a consumer within the meaning of art. 22 [1] of the Civil Code;
  5. Entrepreneur - a customer who is an entrepreneur within the meaning of art. 43[1] of the Civil Code;
  6. Terms – this document;
  7. Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
  8. Sales Agreement – Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
  9. Services – services provided by the Seller to Customers electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  10. Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
  11. Act on the provision of electronic services – Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
  12. Order – Customer's declaration of will, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
    1. Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
    1. computer or mobile device with Internet access,
    2. email access,
    3. Microsoft Edge web browser version 42.x or higher, Firefox version 48.0 or higher, Chrome version 50 or higher, Opera version 50 or higher, Safari version 10.x. or later,
    4. enable Cookies and Javascript in your web browser.
    1. Using the Online Store means any activity of the Customer that leads to him reading the content contained in the Store.
    2. The customer is obliged in particular to:
    1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
    2. use the Online Store in a way that does not interfere with its functioning, in particular by using specific software or devices,
    3. not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
    4. use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
    5. use any content posted as part of the Online Store only for personal use,
    6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
  2. The Customer has the option of receiving commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter Service). For this purpose, provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The customer may withdraw his consent to the sending of commercial information at any time. The agreement for the provision of the Newsletter Service is concluded for an indefinite period and terminates when the Customer sends a request to remove his e-mail address from the Newsletter subscription or unsubscribe using the link in the content of the message sent as part of the Newsletter Service.
  3. The customer can send messages to the Seller using the contact form. The contract for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a definite period of time and terminates when the Customer sends a message.
  4. The customer can contact the Seller via chat available on the Store's website. The contract for the provision of the Service consisting in providing an interactive chat enabling Customers to contact the Seller is concluded for a definite period of time and terminates when the Customer closes the chat window or leaves the Online Store website.
  5. The Seller has the right to organize occasional competitions and promotions, the conditions of which will be each time provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
  6. In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after a prior ineffective request to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Procedure for concluding a Sales Agreement

  1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
  2. All Goods available in the Online Store are brand new, in accordance with the Agreement and have been legally introduced to the Polish market.
  3. If the Seller uses the mechanisms of individual price adjustment based on automated decision-making, I provide this information to the Consumer each time when placing the Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data .
  4. The condition for placing an Order is to have an active e-mail account.
  5. If an Order is placed via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer if the Seller sends a confirmation of acceptance of the Order for execution to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded.
  6. The sales contract is concluded in Polish, English, German or French, with the content in accordance with the Regulations.

VI. Delivery

  1. Delivery of Goods is limited to the territory of the European Union and is carried out to the address indicated by the Customer when placing the Order.
  2. The Customer may choose the following forms of delivery of the ordered Goods:
  1. via a courier company;
  2. Seller's own transport;
  3. personal collection at the Seller's personal collection point.
  1. On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as about the amount of fees for the delivery of the Goods.
  2. Delivery and execution date of the Order is counted in Working Days in accordance with point VII point 2.
  3. The seller provides the customer with proof of purchase.
  4. If different delivery periods are provided for the Goods covered by the Order, the longest period from among those provided applies to the entire Order.
  5. The ordered products will be delivered to you via a courier or forwarding company. Depending on the specific case, we will choose the most efficient form of transport.

    Your order will be sent to the address provided in the online order form, within the time limit indicated on the Framre store website. When the products are ready for shipment, you will receive an e-mail from us in which we will confirm the date of shipment. On the day of shipment, you will also receive an e-mail with a waybill that will allow you to track the shipment, or we will provide you with the contact details of the driver of the shipping company.

    The courier usually delivers products within Poland within 48 hours of posting, and in the case of deliveries within the EU, it usually takes 3 to 6 working days. Unfortunately, sometimes there may be deviations from these standard terms, which are beyond our control. In order to facilitate the collection of goods, we will provide the courier with your telephone number.

    If the products are sent via a shipping company, they will reach you on the agreed date. If there are any changes, we will inform you by e-mail.

    We would like to emphasize that we are not responsible for costs resulting from delays in delivery caused by factors beyond our control.

    When delivering, remember that you are obliged to ensure the presence of a person who will accept the products from the courier/freight forwarder's driver and sign the receipt protocol. Before accepting the shipment, carefully check the condition of the packaging in the presence of the courier/freight forwarder's driver. If you notice any damage, be sure to report it to the courier/freight forwarder's driver and request a report describing the damage and the circumstances in which it occurred.

    The forwarder's courier/driver will not bring the products directly to your apartment, so be prepared to pick them up. The products will be delivered to the place closest to the entrance door of the building, the number provided by you, where a delivery truck can drive and where safe unloading conditions are ensured. Please note that your order may be very heavy, so you may need the help of several people

VII. Prices and payment methods

  1. The prices of the Goods are given in Polish zlotys, euros as selected by the Customer and include all components, including VAT, customs duties and other fees.
  2. The customer can choose the following payment methods:
  1. bank transfer to the Seller's bank account (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of the Order, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
  2. electronic payment (in this case, the implementation of the Order will start after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the settlement agent's system about the payment by the Customer, and the shipment will be made immediately after completion of the Order).
  1. The Seller on the Store's website informs the Customer about the date within which he is obliged to make the payment for the Order. In the absence of payment by the Customer within the period referred to in the previous sentence, the Seller, after a prior ineffective request for payment with an appropriate deadline, may withdraw from the Agreement pursuant to art. 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

  1. A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
  2. The customer may formulate the statement himself or use the template of the statement provided by the Seller on the Store's website.
  3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
  4. After receiving the Consumer's declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from the Agreement to the Consumer's e-mail address.
  5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
  1. The seller undertakes to consider each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
  2. Agreements for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur loses the right to withdraw from the contract, and has acknowledged it;
  3. Agreements in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
  4. Agreements in which the subject of the service is a non-prefabricated Good, manufactured according to the Consumer's specifications or serving to meet his individual needs;
  5. Agreements in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
  6. Agreements 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;
  7. Agreements in which the subject of the service are products that, after delivery, due to their nature, are inseparably connected with other things;
  8. Agreements in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which Seller has no control;
  9. Agreements in which the Consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
  10. Agreements in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
  11. Agreements the subject of which is the delivery of dailies, periodicals or magazines, with the exception of the Subscription Agreement;
  12. A contract concluded through a public auction;
  13. Contracts for the provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer explicitly requested the Seller to come to him for repair, and the service has already been fully performed for express and prior consent of the Consumer.
  14. Contracts for the provision of accommodation services other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract specifies a day or period of service;
  15. Agreements for the supply of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the Consumer, who was informed before the start of the service that after fulfillment of the service by the Seller will lose the right to withdraw from the contract, and he acknowledged this, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Act on Consumer Rights.
  1. In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered void. What the parties have provided is returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, not later than within 14 days. The purchased Goods should be returned to the Seller's address.
  2. The Seller shall promptly, but not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller returns the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any cost for the Consumer. The Seller may withhold the reimbursement of payments received from the Customer until receipt of the Goods back or until the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to collect the item from the Customer himself.
  3. If the Consumer has chosen a method of delivering the Goods other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  4. The Customer bears only the direct cost of returning the Goods, unless the Seller agreed to bear this cost.

IX. Reklamacje dotyczące Towarów z tytułu rękojmi

  1. Sprzedawca zobowiązuje się dostarczyć Towar zgodny z Umową
  2. Sprzedawca odpowiada z tytułu niezgodności Towaru z umową na zasadach określonych w Ustawie o prawach konsumenta wobec Klienta będącego Konsumentem oraz Klienta będącego osobą fizyczną zawierającą Umowę bezpośrednio związaną z jej działalnością gospodarczą, gdy z treści tej Umowy wynika, że nie posiada ona dla tej osoby charakteru zawodowego, wynikającego w szczególności z przedmiotu wykonywanej przez nią działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji o Działalności Gospodarczej
  3. Reklamacje, wynikające z naruszenia praw Klienta gwarantowanych prawnieKAZANIE lub na podstawie niniejszego Regulaminu, należy kierować na adres EMI DAMIAN GIELATA SPÓŁKA KOMANDYTOWA, Biertowice 256, 32-440 Sułkowice, na adres poczty elektronicznej: Office@framre.com, numer telefonu +48 728 808 601
  4. Celem rozpatrzenia reklamacji Klient powinien przesłać lub dostarczyć reklamowany Towar, jeżeli jest to możliwe dołączając do niego dowód zakupu. Towar należy dostarczyć lub przesłać na adres wskazany w pkt. 3.
  5. Sprzedawca zobowiązuje się do rozpatrzenia każdej reklamacji w terminie do 14 dni od dnia jej otrzymania.
  6. W przypadku braków w reklamacji Sprzedawca wezwie Klienta do jej uzupełnienia w niezbędnym zakresie niezwłocznie, nie później jednak niż w terminie 7 dni, od daty otrzymania wezwania przez Klienta.

X Complaints regarding the provision of electronic services

  1. The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints can be submitted in writing to the following address: EMI DAMIAN GIELATA SPÓŁKA KOMANDYTOWA, Biertowice 256, 32-440 Sułkowice, to the e-mail address: Office@framre.com, telephone number +48 728 808 601.
  2. In the complaint, the customer should provide his name and surname, correspondence address, type and description of the problem.
  3. The seller undertakes to consider each complaint within 14 days from the date of its receipt. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.

XI. Guarantees

  1. Goods may have a Seller's guarantee.
  2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee and the time for which it was granted is each time presented in the description of the Good on the Store's website.

XII. Out-of-court methods of settling complaints and pursuing claims

  1. The Customer who is a Consumer has e.g. the following possibilities of using out-of-court methods of dealing with complaints and redress:
  1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
  2. is entitled to apply to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
  3. can obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl;
  4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal Data Protection

The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable law and in accordance with the Privacy Policy, available on the Store's website.

XIV. Final Provisions

  1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as to forms, logos belong to the Seller, and the use of them may be made only in a manner specified and in accordance with the Regulations.
  2. The provisions regarding the Consumer contained in these Regulations, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that he has no it is of a professional nature for that person, resulting in particular from the subject of business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Provisions on out-of-court methods of settling complaints and pursuing claims shall not apply.
  3. Settlement of any disputes arising between the Seller and the Customer who is a Consumer is subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
  4. Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur is subject to the court competent for the seat of the Seller.
  5. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
  6. Each customer will be informed about any changes to these Regulations through information on the home page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address indicated by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer with a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller of this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.
  7. Possibility of returning the product without delivery within 14 days - in accordance with the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) "A consumer who connects remotely may, within 14 calendar days from shipment from her without delivery and at no cost. These products include testers and holders.
  8. All Fronts supplied by us are manufactured for our individual customers, you are not entitled to withdraw from the sales contract and return the Fronts under the provisions of the Act of May 30, 2014 on Consumer Rights.

 

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