Store regulations
l. DEFINITIONS
a. "Seller", "Seller" - NEXTGEN MATERIALS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, BOHATERÓW 61B, 21-300 RADZYŃ PODLASKI , KRS 0000971260, NIP 5381864791. adres e-mail: fruitazing@fruitonauts.com
b. "Store", "Website" - the online store located on the website www.fruitazing.com and on its subpages.
c. "Customer", "Buyer" - a natural person who is at least 13 years old or has at least limited legal capacity, and in the case of ordering products for which it is necessary to be of legal age - an adult, as well as a legal person or an organizational unit without legal personality who has concluded an agreement with the Seller to set up an account in the Store or has placed an order without setting up an account in the Store; this term also means a person who does not have an Account and is in the process of placing an order.
d. "Account" - the Customer's account created by him in the Store in accordance with the principles set out in the Regulations.
e. "Policy" - Privacy policy and cookie policy.
f. "Cookie" - a text file in which information is saved by the Store server on the hard drive of the User's computer. The information saved in the cookie file can be read by the Store server when reconnecting from this computer, but it can also be read by other servers or other Internet users.
g. "Regulations" – these Regulations.
II. GENERAL PROVISIONS
1. The Regulations define the rules for the provision of services by electronic means by the Seller to Customers, consisting in enabling them to: conclude online sales agreements for goods in the Store's assortment at the prices given on the relevant subpages of the Store, use the services of the Repair Service, and create a Customer Account.
2. Before registering an Account or placing an order, the Customer is obliged to read the content of these Regulations.
3. The content presented on the Store's websites, including announcements, advertisements, price lists and other information, is not a commercial offer within the meaning of the provisions of Articles 66 and 66(1) of the Civil Code, but an invitation to submit offers.
4. Photos and descriptions of goods, trademarks and other materials located on the main page and subpages of the Store are the intellectual property of the Seller or the manufacturers of these goods. Their use without the consent of the Seller or the manufacturer constitutes a violation of copyright. It is prohibited to copy, place materials or parts of them on any website or server.
5. Prices of goods in the Store's assortment are expressed in Polish zloty and include VAT. The prices of goods given in the Store do not include shipping costs.
6. The Seller may modify the Store's assortment, product prices, conduct and cancel promotional campaigns. The changes do not affect the sales agreements for individual products already concluded with Customers.
7. A purchase can be made in the Store without creating an Account or after creating one.
8. The costs of delivery of goods purchased in the Store, unless otherwise indicated, are borne by the Buyer.
III. CUSTOMER ACCOUNT
1. The creation of a Customer Account is done by filling in all mandatory fields of the registration form, available on the Store subpage. The form constitutes the Seller's offer addressed to the future Customer regarding the conclusion of an agreement on the creation of an Account in the Store. To send the form and complete the registration procedure in the Store, acceptance of the Regulations and the Policy is necessary.
2. In the form, you must provide: name and surname, e-mail address, password. The provided e-mail address and password will be used to log in to the Account after creating it. Optionally, you can express your willingness to receive VAT invoices by checking the appropriate box and filling in the appropriate fields.
3. It is prohibited to add illegal content to the form.
4. Clicking the button to create an Account by the person who filled out the registration form is tantamount to accepting the Seller's offer referred to in paragraph 1 of this section. At that moment, an agreement to create an Account in the Store is concluded between the Seller and the person who filled out the registration form.
5. The Customer should carefully store his/her Store login details so that unauthorized persons do not gain access to this data.
6. After creating an Account, the Customer has the option to: edit their data, including adding a different address for delivering orders than the address indicated in the form, place orders, view the history of recent orders and other services available in the Store and obtain discount coupons.
7. The Agreement with the Customer to open an Account in the Store is concluded for an indefinite period.
8. The Customer may terminate the agreement on opening an Account in the Store at any time by: a. sending a notice of termination to the Seller's e-mail address provided on the Store's website.
9. The Seller may terminate the agreement on opening an Account in the Store if the Seller ceases to run the Store, if data of an unlawful nature is provided or if the Customer violates the Regulations.
IV. OFFERED GOODS
1. The Seller declares that all items offered in the Store are manufactured by the Seller or on his behalf and are free from physical and legal defects.
2. The Seller makes every effort to ensure that the photos reflect the actual condition and color of the items as accurately as possible. The Seller informs the Customer that the shades and shapes may differ slightly from the actual appearance due to the specificity of the goods.
V. PLACING AN ORDER AND PAYMENT
1. The sale of goods takes place on the basis of orders placed by the Customer. The Customer can place an order after logging in to the Account or without such logging in after providing all the data necessary to complete the order.
2. Orders can be placed 7 days a week, 24 hours a day.
3. In order to conclude a sales agreement with the Seller, the Customer selects goods on the appropriate subpages of the Store by selecting their design (model) and adding them to the basket.
4. The goods in the basket are not yet ordered and the Customer has the option to add additional goods to the basket, remove goods from there, or cancel the purchase.
5. In order to continue placing the order, the Customer should click the "Order" button.
6. If the Customer does not have an Account, at this stage they can create one or use the purchase option "without an Account", providing an e-mail address and data necessary to complete the order. If the Customer chooses the option to place an order without creating an Account, then acceptance of the Regulations and the Policy is necessary to place the order. If the Customer has an Account, they should log in to it.
7. On the basket verification subpage, the Customer can choose the payment method, place of delivery of the goods and add a discount code.
8. The goods indicated in the basket, together with their quantity, prices, specification of the glasses made by the Customer and the selected method of delivery and payment together with their cost constitute an invitation addressed to the Customer by the Seller to submit an offer to purchase these goods. At the moment of clicking the "Order and pay" button, the Customer submits to the Seller an offer to conclude the above agreement. The Seller sends an e-mail confirming receipt of the offer from the Customer. In the next e-mail, the Seller will inform the Customer about the acceptance or refusal of the Customer's offer. At the moment the Customer receives an e-mail from the Seller with information about the acceptance of the offer, the sales agreement is concluded.
9. Payment is made electronically. The following payment methods are available: bank transfer.
10. If payment for the order is not made within 3 business days from the date of placing the order in the Store, the order will be canceled.
11. For additional confirmation of the order, in particular to clarify any doubts regarding the given parameters of the lenses, the Seller or its representative may contact the Customer by telephone or e-mail.
12. Placing an order involves the obligation to pay for the order.
13. The sales document for orders placed via the Store is a personalized VAT invoice, generated automatically for each order.
14. By making a purchase and accepting the Regulations, the Customer consents to receiving an invoice electronically to the e-mail address provided by him/her.
15. If the invoice is to be issued to a legal person, the Client is obliged to provide the necessary data of the entity to which the invoice is to be issued: full company name, registered office address, Tax Identification Number.
VI. ORDER PROCESSING AND DELIVERY
1. The estimated order fulfillment time takes 7 working days.
2. The Customer has the right to cancel the order at the stage of its execution before shipment, in the event of an extension of the order execution or a temporary lack of stock, by sending an e-mail to the e-mail address provided on the Website.
3. Delivery is by courier from the Seller's warehouse to the address indicated by the Customer. Personal collection is not possible.
4. The customer is informed about the costs associated with delivery and the method of payment before submitting an offer to purchase the goods contained in the basket.
5. The Seller informs the Customer about the expected delivery date of the ordered goods and the status of the order in a separate e-mail.
6. The Seller shall not be liable for any delays or failure to deliver the ordered items resulting from circumstances attributable to the Buyer, such as an incorrectly provided shipping address.
7. The customer has the option to check the condition of the shipment, open it and check the completeness of the order in the presence of the courier. If any irregularities are found, the Seller recommends drawing up a damage report.
VII. WITHDRAWAL FROM THE CONTRACT
1. In the www.fruitazing.com Store, the Customer has the right to withdraw from the sales contract concluded with the Seller, without giving a reason, within 30 days from the date on which the Customer came into possession of the item or on which a third party, other than the carrier and indicated by the Customer, came into possession of the item.
2. In order to exercise the right to withdraw from the contract, the Customer should inform the Seller of his/her decision to withdraw from the contract by means of an unequivocal statement via e-mail to the contact address provided on the Store subpage.
3. The customer may use the model withdrawal form available at subpage of the Store, but this is not obligatory.
4. In order to meet the withdrawal deadline, the Customer must send information regarding the exercise of his right to withdraw from the contract before the expiry of the withdrawal deadline.
5. The right to withdraw from the contract does not apply to contracts for non-prefabricated goods manufactured according to the consumer's specifications or intended to meet their individual needs.
6. In the event of withdrawal from the contract, the Seller shall return to the Customer the total cost of the goods increased by the equivalent of the cheapest shipping cost of the goods, only in the case of a total return, no later than 14 days from the date of receipt of the product from the Customer in the return package. The Seller shall return the payment using the same method of payment as the consumer used, unless the consumer, at the request of the Seller, expressly agreed to another method of return that does not involve any costs for him.
7. The Customer should return the goods to the Seller without defects and damages immediately, and in any case no later than within 30 calendar days from the date of receipt of the goods by the Customer. The deadline is met if the Customer returns the goods before the expiry of the 30-day period.
8. The customer bears the direct costs of returning the items.
9. The Customer is only liable for a reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.
VIII. COMPLAINTS ABOUT GOODS
1. The Seller is obliged to deliver to the Customer a product free from defects.
2. The Seller is liable for the lack of conformity of the goods with the contract existing at the time of
its delivery and revealed within two years from that time, unless the expiry date of the goods for use, specified by the Seller, its legal predecessors or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the goods with the contract, which became apparent before the expiry of two years from the time of delivery of the goods, existed at the time of its delivery, unless it is proven otherwise or this presumption cannot be reconciled with the specificity of the goods or the nature of the lack of conformity of the goods with the contract.
3. If the Buyer finds a defect in the product, digital content or improperly
performed service, they should inform the Seller about it, at the same time specifying
their claims or submitting a statement of appropriate content.
4. The "Complaint Form" available on the Website can be used to file a complaint
, which should be printed out and attached to the shipment.
5. A complaint can be filed only by post, indicating the reasons for the complaint and
the information necessary to identify the order.
6. The basis for accepting a complaint is proof of purchase of the goods (e.g. fiscal receipt or
VAT invoice) or other proof of conclusion of the purchase-sale agreement.
7. The Seller will respond to the complaint within 14 days from the date of delivery
of the complaint using the same means of communication as
the complaint was submitted by the Customer.
8. Details regarding the Seller's warranty for defects in the sold item are regulated by
the provisions of the Consumer Rights Act (Art. 43a - Art. 43g).
IX. COOKIE POLICY
For the correct use of the Account, as well as placing an order, it is necessary to enable cookies in the web browser, which are used to maintain: the Customer's session after logging into the Account, the ordering process and the correct operation of the website and statistical purposes. It is then possible to delete them through the appropriate options available in the web browser or using other software.
X. FINAL PROVISIONS
1. The Seller reserves the right to change the Regulations for an important reason, after notifying Customers of the change at least 14 days in advance. Any changes to the Regulations are effective from the date of their publication on the website of the Online Store www.fruitazing.com. For the avoidance of doubt, changes to the Regulations do not affect Orders placed before the date of entry into force of the changes. Changes to the applicable Regulations or new content of the Regulations enter into force after 14 days from the date of placing the new content of the Regulations on the Store's website. Customers will be informed of the change to the regulations through information posted on the Seller's website, which information will be visible for at least 14 days and by e-mail (in the case of Customers who provided an e-mail address).
2. If any provision of these Regulations is found to be invalid, unlawful or unenforceable, it will be excluded from the provisions of these Regulations, which will continue to apply to the fullest extent permitted by law.
3. Any disputes arising from the implementation of the provisions of these Regulations, the parties will first try to resolve by agreement. In the absence of such an agreement, disputes shall be subject to resolution by a common court competent in accordance with the provisions of the Code of Civil Procedure (Journal of Laws 2020, 1575).
4. The Customer may use the online dispute resolution platform for consumer disputes (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=PL
5. The use of available out-of-court methods of handling complaints and pursuing claims is possible after the complaint procedure is completed and is voluntary - both parties must consent to the procedure. The Seller will separately consent or refuse to consent to the use of out-of-court dispute resolution with Customers in each individual case.
6. The Seller's e-mail address for contact with Customers is: fruitazing@fruitonauts.com
7. In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular the Civil Code.
