Terms and Conditions

Terms and Conditions of the Online Furora Store

defining the rules of concluding sales contracts through the Store and containing essential information about the Seller, the Store and Consumer rights.

 

The provisions concerning the Privileged Entrepreneur apply to the contracts concluded as of 1 January 2021

 

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right to withdraw from a contract
§ 8 Exceptions to the right to withdraw from a contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Enclosure no. 1: Specimen of the Withdrawal Form

 

§ 1 DEFINITIONS

Working days – days from Monday to Friday except for public holidays.
Consumer – the consumer as defined in the provisions of the Civil Code.
Account – the Store function free of charge, regulated by separate rules (the service rendered by electronic mail), thanks to which the Purchaser can open his/her individual account in the Store. 
Purchaser – every subject buying in the Store.
Privileged Purchaser – a privileged consumer or entrepreneur.
Privileged Entrepreneur – a natural person concluding directly with the Seller a contract associated with his/her business activity but not of professional nature for him/her (the definition is valid for contracts concluded as of 1 January 2021).
Terms and conditions – the present terms and conditions.
Store – online Furora Store kept by the Seller at the following address: www.furora.store. 
Seller – ALICJA ZUZANNA KIDO, the entrepreneur conducting business activity under name Alicja Kido, registered in the Central Register and Information on Business Activity kept by the minister competent for economic matters and for keeping the Central Register and Information on Business Activity, NIP 9512510298, REGON 387488467, ul. Eugeniusza Romera 10/71, 02-784 Warszawa [Warsaw].

 

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Eugeniusza Romera 10/71, 02-784 Warszawa
  2. e-mail address: furora.store@gmail.com
  3. Telephone: +48 512377909

§ 3 TECHNICAL REQUIREMENTS

  1. For proper operation of the Store the following is necessary:
    • a device with the internet access
    • an internet browser that supports JavaScript and cookies.
  2. To place an order in the Store, except for the requirements specified in par. 1, an active e-mail account is necessary.

§ 4 PURCHASES IN THE STORE

  1. The prices of the goods displayed in the Store are all-in prices.
  2. The Seller notes that the all-in price of an order includes the following items displayed in the Store: a price for the goods and, if applicable, costs of the goods delivery.  
  3. The goods chosen for purchase should be added to a shopping cart in the Store.
  4. Next, the Purchaser chooses the following options available in the Store: a method of the goods delivery, a method of payment, and gives details necessary for the completion of the order placed.
  5. An order is considered as placed when its content is confirmed and the Terms and Conditions are accepted by the Purchaser.
  6. Placing an order means the conclusion of a sales contract between the Purchaser and the Seller.
  7. The Seller will provide the Privileged Purchaser with the confirmation of the conclusion of the sales contract on a durable medium upon the goods delivery at the latest.
  8. The Purchaser can register in the Store, i.e. open his/her account there, or make purchases without registration by giving his/her personal details at each order.

§ 5 PAYMENTS

  1. The payment for an order placed can be made, depending on the Purchaser’s choice:
    1. by a standard transfer to the Seller’s bank account;
    2. by the following debit cards:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. through the following payment platforms:
      • Przelewy24
      • Stripe
    4. on delivery, i.e. by a debit card on the goods delivery to the Purchaser;
  2. When the Purchaser chooses payment in advance, an order should be paid for within 2 working days of a date when the order was placed.
  3. The Seller informs that in case of some methods of payment, due to their specific nature, paying for an order using a particular method is possible exclusively directly upon placing the order.
  4. The Purchaser who buys goods in the Store accepts electronic invoices issued by the Seller. The Purchaser has the right to withdraw his/her acceptance.

§ 6 ORDER COMPLETION

  1. The Seller shall deliver the goods without defects.
  2. The order completion date is indicated in the Store.
  3. When the Customer chooses payment in advance, the Seller will start the order completion upon its payment.
  4. When the Customer has purchased goods of a different completion date within one order, the order will be completed in a due time for the goods of the longest deadline.
  5. The countries to which the goods are delivered:
    • Poland
    • the European Union
    • Great Britain
    • The United States of America
    • Switzerland
  6. The goods purchased in the Store will be delivered depending on a method of delivery chosen by the Customer:
    • by a courier company
    • to an InPost parcel locker.

§ 7 RIGHT TO WITDRAW FROM A CONTRACT

  1. The Privileged Purchaser has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
  2. The time limit to withdraw from a contract expires upon 14 days of the day:
    1. on which the Privileged Purchaser came into possession of the goods or on which the third party other than a carrier indicated by the Privileged Purchaser came into possession of such goods;
    2. on which the Privileged Purchaser came into possession of the last item or on which the third party other than a carrier indicated by the Privileged Purchaser came into possession of the last item in case of a contract obliging to transfer ownership to many items which are delivered separately.
  3. If the Privileged Purchaser wishes to enjoy his/her right to withdraw from a contract, he/she has to inform the Seller, using the details given in § 2 of the Terms and Conditions, on his/her decision on the withdrawal from the contract sending his/her unequivocal statement (for example, by a letter sent by post or by electronic mail).
  4. The Privileged Purchaser may use the specimen withdrawal form, which can be found at the end of the Terms and Conditions, however, it is not obligatory.
  5. To keep the time limit to withdraw from a contract the Privileged Purchaser shall send information on his/her right to withdraw exercised by him/her prior to the deadline. 

    CONSEQUENCES OF THE WITHDRAWAL FROM A CONTRACT
  6. In the event of a withdrawal from a contract concluded the Seller shall return promptly to the Privileged Purchaser all payments received from him/her including costs of the goods delivery (except for additional costs resulting from a method of delivery chosen by the Purchaser other than the cheapest method of delivery offered by the Seller), and in each case not later than within 14 days of a day on which the Seller was informed about the Privileged Purchaser’s decision on the exercise of his/her right to withdraw from the contract.
  7. The Seller shall return payments using the same methods of payment which the Privileged Purchaser has used in the primary transaction unless the Privileged Purchaser agrees to another solution, however, in each case the Privileged Purchaser shall not bear any charges related to such return.
  8. The Seller may withhold the return of payments till the time of receiving the goods or till the time of providing him with the confirmation of sending them back, depending which event will occur first.
  9. The Seller requests to return the goods promptly to the following address:
    ul. Eugeniusza Romera 10/71, 02-784 Warszawa, and in each case not later than within 14 days of a date when the Privileged Purchaser informed the Seller on his/her withdrawal from the contract. The deadline is met when the Privileged Purchaser sends the goods back prior to the term of 14 days.
  10. The Privileged Purchaser shall bear direct costs of the goods return.
  11. The Privileged Purchaser  shall be responsible only for the shrinkage of the goods value resulting from the use of the goods in a way other than it was necessary to state a nature, properties and operation of the goods.
  12. If the goods, due to their nature, may not be sent back by standard post, the Privileged Purchaser will also have to bear direct costs of the goods return. The Purchaser shall be advised by the Seller of estimated costs in the goods description in the Store or while placing an order.
  13. In the event of the return of payments for the transaction made by the Privileged Purchaser by a debit card  the Seller shall make the return to the bank account assigned to such debit card.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM A CONTRACT

  1. There is no right to withdraw from the distance contract concluded, referred to in § 7 of the Terms and Conditions, in respect to the contract:
    1. in which the object of the performance is a non-prefabricated item made to the Privileged Purchaser’s specifications or clearly personalized;
    2. in which the object of the performance is an item liable to deteriorate or expire rapidly;
    3. in which the object of the performance is an item delivered in closed packaging which upon its opening cannot be sent back because of healthcare concerns or for hygienic reasons if the packaging was opened after delivery;
    4. in which the object of the performance are items which with regard to their nature are inseparably connected with other items;
    5. in which the object of the performance are audio or visual recordings or computer software delivered in closed packaging if the packaging was opened after delivery;
    6. for delivery of newspapers, periodicals or magazines, excluding subscription contracts;
    7. in which a price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur prior to the time of withdrawal from the contract.

§ 9 COMPLAINTS

  1. In case of the goods defect the Purchaser may lodge a complaint about defective goods on the basis of the warranty or the guarantee provided for in the Civil Code unless such guarantee has been furnished.
  2. While claiming the Purchaser may, on principles and on times specified in the Civil Code:
    1. make a statement on the reduction of price,
    2. in the event of a major defect make a statement on the withdrawal from
      a contract,
    3. demand the replacement to an item free from defects,
    4. demand to remove the defect.
  3. The Seller requests to make a complaint on the basis of warranty to the postal or electronic mail address given in § 2 of the Terms and Conditions.
  4. If it appears that for the purposes of a complaint processing delivery of the defective goods to the Seller is required, the Purchase shall deliver such goods, in case of the Privileged Purchaser at the Seller’s cost, to the following address:  ul. Eugeniusza Romera 10/71, 02-784 Warszawa.
  5. If the goods have been provided with additional guarantee, the information about such guarantee and terms and conditions thereof is available in the product description in the Store.
  6. Complaints related to the Store operation should be sent to the e-mail address given in § 2 of the Terms and Conditions.
  7. A complaint shall be processed by the Seller within 14 days. 

     OUT OF COURT METHODS OF HANDLING COMPLAINTS AND ASSERTING CLAIMS
  8. When the complaint procedure does not give an effect expected by the Consumer, then the Consumer may use, among others:
    1. mediation conducted by a Provincial Inspectorate of Trade Inspection competent for the place of residence to whom an application for mediation should be addressed. As a rule the procedure is free of charge. A list of Inspectorates  can be found at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. the assistance of a permanent consumer arbitration court competent for the place of residence operating at the Provincial Inspectorate of Trade Inspection to whom an application for the case to be examined before arbitration court should be lodged. As a rule the procedure is free of charge. A list of courts  can be found at the following address:  https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of a municipal or district consumer rights adviser;
    4. ODR internet platform available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The Seller is the administrator of personal data provided by the Purchaser during the use of the Store. Detailed information on data processing by the Seller, including other purposes and the basis of data processing as well as on data recipients, is available in the Store Privacy Policy with regard to the principle of transparency included in the general regulation of the European Parliament and the European Council (UE) on data protection (GDPR).
  2. The processing of the Purchaser’s data by the Seller, provided by the Purchaser in connection with purchases in the store, is aimed at order processing. The basis for personal data processing in this case is:
    • a contract or actions taken at the Purchaser’s request aimed at the conclusion thereof (art. 6 par. 1 letter b of GDPR),
    • the Seller’s legal obligation related to accountancy (art. 6 par. 1 letter c) and
    • the Seller’s interest legally substantiated consisting in data processing to identify, assert or defend possible claims (art. 6 par. 1 letter f of GDPR).
  1. Providing data by the Purchaser is voluntary, however, necessary to conclude
    a contract. Failure to provide data will impede the conclusion of a contract in the Store.
  2. The Purchaser’s data, provided in connection with purchases in the Store, will be processed till the moment when:
    1. a contract concluded between the Purchaser and the Seller is no longer valid;
    2. the Seller’s legal obligation to process the Purchaser’s data ceases;
    3. the possibility of asserting claims by the Purchaser or the Seller resulting from a contract concluded through the Store ceases;
    4. the Purchaser’s objection to processing his/her personal data has been accepted, in case when the justified Seller’s interest was the basis for the data processing

– depending what applies in a given case and what will occur last.

  1. The Purchaser has the right to request:
    1. access to his/her personal data,
    2. to correct his/her personal data,
    3. to remove his/her personal data,
    4. to limit the processing thereof,
    5. to transfer data to another administrator, 
      and has the right:
    6. to raise at any time an objection to data processing for reasons related to
      a particular situation of the Purchaser, against the processing of his/her personal data under art. 6 par. 1 letter f of GDPR (i.e. under legally justified interests exercised by the administrator).
  1. To exercise his/her rights the Purchaser shall contact the Seller while using the data under § 2 of the Terms and Conditions.
  2. If the Purchaser finds that his/her data are processed against the law, the Purchaser may lodge a complaint with the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

  1. The Purchaser is prohibited to provide information of unlawful nature.
  2. An order placed each time in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. A contract is concluded for a definite time of the order processing.
  3. Contracts concluded under the Terms and Conditions are concluded in the Polish language.
  4. A possible dispute with a non-Privileged Purchaser shall be submitted to a court competent for the Seller’s seat.

Enclosure no. 1 to the Terms and Conditions

Below you can find the specimen form of the withdrawal from a contract which the Consumer or the Privileged Entrepreneur can use but does not have to. 

SPECIMEN FORM OF THE WITHDRAWAL FROM A CONTRACT

(this form should be filled in and sent back only in case of the intend to withdraw from
a contract)

Alicja Kido 
ul. Eugeniusza Romera 10/71, 02-784 Warszawa 
e-mail address: furora.store@gmail.com

- I/We(*) ..................................................................... hereby inform (*) about my/our withdrawal from the contract of sale of the following items(*) / the contract for rendering the following service(*): 

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- Date of conclusion of the contract(*)/ receipt(*)

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- Full name of the Consumer(s) / the Privileged Entrepreneur(s):

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- Address of the Consumer(s) / the Privileged Entrepreneur(s):

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Signature of the Consumer(s) / the Privileged Entrepreneur(s): 
(only if the form is sent in paper form) 
Date ............................................

(*) delete as appropriate