FAT-DP.COM ONLINE STORE TERMS AND CONDITIONS
Table of contents
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF THE SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND TERMS OF DELIVERY OF THE PRODUCT
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE AGREEMENT
- PROVISIONS CONCERNING ENTREPRENEURS
- PRODUCT REVIEWS
- ILLEGAL CONTENT AND OTHER CONTENT THAT VIOLATES THE TERMS AND CONDITIONS
- FINAL PROVISIONS
- CONTRACT WITHDRAWAL FORM TEMPLATE
These Terms and Conditions of the Online Store have been prepared by lawyers. The www.fat-dp.com Online Store cares about consumer rights. Consumers cannot waive their rights under the Consumer Rights Act. Any provisions of agreements that are less favorable to consumers than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.fat-dp.com is operated by Maciej Pręt, conducting business activity under the name EMPE MACIEJ PRĘT, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for the economy, with the following details: business address and address for service: ul. Marszałkowska 25/1, 66-530 Drezdenko, NIP (Tax Identification Number): 2810097995, REGON (National Business Registry Number): 389007331, e-mail address: contact@fat-dp.com and telephone number: +48 660 521 139.
1.2. These Terms and Conditions are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Terms and Conditions provides otherwise.
1.3. The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions. Personal data is processed for the purposes, for the period, and on the basis of the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains, above all, the rules for the processing of personal data by the Administrator in the Online Store, including the basis, purposes, and period of personal data processing, as well as the rights of data subjects and information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on the Digital Services Act and amending Directive 2000/31/EC (Digital Services Act).
1.4.2. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.5. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.6. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.7. ACCOUNT – an Electronic Service, marked with an individual e-mail address and password, a set of resources in the Service Provider’s ICT system, in which the data provided by the Service Recipient and information about the Orders placed by them in the Online Store are collected.
1.4.8. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.
1.4.9. ILLEGAL CONTENT – information which, in itself or by reference to an action, including the sale of Products or the provision of Electronic Services, is not in accordance with European Union law or the law of any Member State which is in accordance with European Union law, regardless of the specific subject matter or nature of that law.
1.4.10. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.11. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.4.12. ONLINE STORE – the Service Provider’s online store available at the following internet address: www.fat-dp.com.
1.4.13. SELLER, SERVICE PROVIDER – Maciej Pręt, conducting business activity under the name EMPE MACIEJ PRĘT, entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for the economy, with the following address of the place of business and address for service: ul. Marszałkowska 25/1, 66-530 Drezdenko, NIP (Tax Identification Number): 2810097995, REGON (National Business Registry Number): 389007331, e-mail address: contact@fat-dp.com and telephone number: +48 660 521 139.
1.4.14. SALES AGREEMENT – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.16. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law – using or intending to use the Electronic Service.
1.4.17. CONSUMER RIGHTS ACT – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.18. ORDER – a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – the use of the Account is possible after the Service Recipient completes two consecutive steps – (1) filling in the Registration Form and (2) clicking the “Register” button. In the Registration Form, the Service Recipient must provide their email address, to which a message with a generated Account password will be automatically sent. The Service Recipient can change the password at any time after logging into the Account.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to the following address: contact@fat-dp.com or in writing to the following address: ul. Marszałkowska 25/1, 66-530 Drezdenko.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) filling in the Order Form and (2) clicking on the “Buy and pay” button on the Online Store website after filling in the Order Form – until this moment it is possible to modify the entered data independently (to do this, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first and last name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Electronic Order Form service is provided free of charge and is a one-time service that ends when an Order is placed through it or when the Service Recipient stops placing an Order through it earlier.
2.1.3. Newsletter – the Newsletter is used after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the “Newsletter” tab visible on the Online Store website and clicking the “Subscribe” field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account or placing an Order – upon creating an Account or placing an Order, the Customer is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (opt out of the Newsletter) by sending a request to the Service Provider, in particular by e-mail to: contact@fat-dp.com or in writing to the following address: ul. Marszałkowska 25/1, 66-530 Drezdenko.
2.2. Technical requirements necessary to work with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) a current version of a web browser: Mozilla Firefox; Opera; Google Chrome; Safari, or Microsoft Edge; (4) enabling the storage of cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing illegal content, including Illegal Content.
2.4. The complaint procedure for Electronic Services is specified in section 6 of the Terms and Conditions.
3. TERMS AND CONDITIONS OF THE SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. The price of the Product or the remuneration for the Product displayed on the Online Store website is given in Polish zlotys and includes taxes. The total price or remuneration including taxes, and if the nature of the Product does not allow, reasonably judging, for their prior calculation – the method by which they will be calculated, as well as the delivery costs (including transport, delivery, or postal services) and other costs, and if the amount of these fees cannot be determined, the obligation to pay them, the Customer is informed on the Online Store’s website, including when placing an Order and when the Customer expresses their willingness to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which contains at least the Seller’s statement of receipt of the Order and its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer an email referred to in point 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Payment by bank transfer to the Seller’s bank account.
4.1.3. Electronic payments and card payments via the Przelewy24.pl service – the current payment methods available are specified on the Online Store website in the payment information tab and on the website https://www.przelewy24.pl.
4.1.3.1. Settlements of transactions by electronic payments and payment card are carried out in accordance with the Customer’s choice via the Przelewy24.pl service. Electronic and payment card payments are handled by:
4.1.3.1.1. Przelewy24.pl – PayPro S.A. with its registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935 by the District Court Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register; share capital: PLN 5,476,300.00 paid in full; NIP 7792369887, REGON 301345068.
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT
5.1. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website in the information tab concerning delivery and during the placement of the Order, including at the moment when the Customer expresses their willingness to be bound by the Sales Agreement.
5.2. The Seller offers the Customer the following methods of Product delivery:
5.2.1. Courier delivery, cash on delivery courier delivery.
5.2.2. Parcel pickup at a parcel locker.
5.3. The delivery time of the product to the customer depends on the availability of the goods in stock:
5.3.1. For products available in stock, the delivery time is up to 14 business days, unless a shorter delivery time is specified in the product description or when placing the order.
5.3.2. For products not available in stock (made to order) – the delivery time is up to 8 weeks, unless a longer time is specified in the product description or when placing the order. The customer will be informed about the unavailability of the product in stock before confirming the order.
5.3.3. For orders consisting of products with different availability times, the order fulfillment time will depend on the longest availability time of the products in the order, unless otherwise agreed with the customer (e.g., partial delivery).
5.3.4. The delivery time for a product to the customer is calculated as follows:
5.3.4.1. If the customer chooses to pay by bank transfer, electronic payment, or payment card – from the date of crediting the seller’s bank or settlement account.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Terms and Conditions specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example:
6.2.1. in writing to the following address: ul. Marszałkowska 25/1, 66-530 Drezdenko;
6.2.2. in electronic form via e-mail to the following address: contact@fat-dp.com.
6.3. The Product may be sent or returned as part of a complaint to the following address: ul. Marszałkowska 25/1, 66-530 Drezdenko.
6.4. It is recommended to include the following in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-compliance with the contract; (2) a request for the method of bringing the product into compliance with the contract or a statement of price reduction or withdrawal from the contract or other claim; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint. The requirements specified in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. If the complainant changes their contact details during the complaint handling process, they are obliged to notify the Seller thereof.
6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if this facilitates and speeds up the processing of the complaint by the Seller.
6.7. The Seller shall respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended). Below is additional information regarding the Seller’s legal liability for the conformity of the Product with the Sales Agreement:
6.8.1. In the event of a complaint about a Product purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in the wording in force until December 31, 2022, in particular Articles 556-576 of the Civil Code. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the Customer if the Product sold has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty for a Product purchased in accordance with the previous sentence towards a Customer who is not a consumer is excluded.
6.8.2. In the event of a complaint about a Product purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in the wording in force from January 1, 2023, in particular Articles 43a – 43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be granted for the Product – this is contractual (additional) liability and can be used when the Product is covered by the warranty. The warranty may be granted by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the entity responsible for the warranty and the entity entitled to use it, are available in the warranty description, e.g., in the warranty card or elsewhere concerning the warranty. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal protection at the expense of the Seller and that the warranty does not affect these legal protection measures.
6.10. The provisions concerning the consumer contained in section 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that 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.
7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND CLAIMS, AND RULES FOR ACCESSING THESE PROCEDURES
7.1. Methods of resolving disputes without the involvement of a court include (1) facilitating a rapprochement between the parties, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (court of arbitration). Detailed information on the possibility for a customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules for access to these procedures, and a user-friendly search engine for entities involved in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. The President of the Office of Competition and Consumer Protection has a contact point whose tasks include providing consumers with information on out-of-court settlement of consumer disputes. Consumers can contact the point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
7.3. The consumer has the following examples of options for using out-of-court methods of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) request for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and via the consumer hotline 801 440 220 (the hotline is open on working days from 8:00 a.m. to 6:00 p.m., the call charge is according to the operator’s tariff).
7.4. An online platform for resolving disputes between consumers and businesses at the EU level is available at http://ec.europa.eu/odr (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or service contract (more information is available on the platform itself or at the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
8. RIGHT TO WITHDRAW FROM THE AGREEMENT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in point 8.9 of the Terms and Conditions. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Marszałkowska 25/1, 66-530 Drezdenko;
8.1.2. in electronic form via e-mail to the following address: contact@fat-dp.com.
8.2. The Product may be returned as part of the withdrawal from the contract to the following address: ul. Marszałkowska 25/1, 66-530 Drezdenko.
8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in section 13 of the Terms and Conditions. Consumers may use the sample form, but this is not mandatory.
8.4. The withdrawal period begins:
8.4.1. for a contract under which the Seller delivers the Product and is obliged to transfer its ownership – from the moment the Product is taken into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract which: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment the last Product, batch, or part is taken into possession, or (2) consists of the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded.
8.6. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or the consumer provides proof of its return, whichever occurs first.
8.7. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
8.8. The consumer is liable for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to ascertain the nature, characteristics, and functioning of the Product.
8.9. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.9.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.9.2. The consumer bears the direct costs of returning the Product. In the case of Products that cannot be returned by regular mail (e.g., oversized shipments), the consumer may incur higher costs for returning them, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
8.9.3. In the case of a service whose performance, at the express request of the consumer, began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.10. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.10.1. (1) 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 Seller, they will lose the right to withdraw from the contract, and accepted this; (2) 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 expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) where the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) where the subject of the service is a Product delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other goods; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and which can only be delivered after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested that the Seller come to him to perform urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary to perform repairs or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service provision; (13) 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 commenced performance with the express and prior consent of the consumer, who was informed before the commencement of performance that once the Seller has performed the service, they will lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price, in cases where the consumer has expressly requested the Seller to come to them to perform repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.11. The provisions concerning the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and, for contracts concluded from that date, also to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for that 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.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Terms and Conditions and all provisions contained therein are addressed to and therefore binding only on the Customer or Service Recipient who is not a consumer. Furthermore, from January 1, 2021, and for contracts concluded from that date, this section of the Terms and Conditions and all provisions contained therein are not addressed to and are therefore not binding on a Customer or Service Recipient who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it is not of a professional nature for that 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, unless the application of the provisions contained in this section of the Terms and Conditions to these persons is not prohibited.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the warranty for the Product or the Product’s non-compliance with the Sales Agreement is excluded.
9.4. The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service Recipient an appropriate statement.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both in the case of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than one thousand zlotys. The limitation referred to in the previous sentence applies to all claims made by the Customer/Client against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for any delay in the delivery of the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. PRODUCT REVIEWS
10.1. The Seller allows its Customers to post and access opinions about the Products and the Online Store on the terms specified in this section of the Terms and Conditions.
10.2. The Customer may post a review using a form that allows them to add a review of the Product or the Online Store. This form may be made available directly on the Online Store website (including via an external widget) or via an individual link sent to the Customer’s email address after purchase. When adding a review, the Customer may also add a graphic rating or photo of the Product, if this option is available in the review form.
10.3. A review of a Product may only be posted for Products actually purchased in the Seller’s Online Store and by the Customer who purchased the reviewed Product. It is prohibited to enter into fictitious or apparent Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be posted by a person who is a Customer of the Online Store.
10.4. The addition of reviews by Customers may not be used for unlawful activities, in particular for activities constituting unfair competition or activities violating personal rights, intellectual property rights, or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good manners.
10.5. Reviews may be made available directly on the Online Store website (e.g., next to a given Product) or on an external review collection website with which the Seller cooperates and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).
10.6. The Seller ensures that the published opinions about the Products come from its Customers who have purchased the Product in question. To this end, the Seller takes the following steps to verify that the opinions come from its Customers:
10.6.1. The publication of a review submitted using the form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists of checking the compliance of the review with the Terms and Conditions, in particular checking whether the person reviewing is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of a review of a Product, additionally checks whether they have purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including via an external review collection service with which it cooperates) an individual link to the email address provided by them at the time of purchase – in this way, only Customers who have purchased a Product in the Online Store have access to the review form.
10.6.3. In case of doubt on the part of the Seller or reservations addressed to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the reviewed Product.
10.7. Any comments, appeals against the verification of reviews, or reservations as to whether a given review comes from a Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6. of the Terms and Conditions.
10.8. The Seller does not post or commission another person to post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller makes both positive and negative reviews available. The Seller does not make sponsored reviews available.
11. ILLEGAL CONTENT AND OTHER CONTENT THAT DOESN’T FOLLOW THE TERMS AND CONDITIONS
11.1. This section of the Terms and Conditions contains provisions resulting from the Digital Services Act in relation to the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require specific data to be provided (e.g., data for placing an Order). The Service Recipient may be able to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of content provision by the Service Recipient, they are obliged to comply with the rules contained in the Terms and Conditions.
11.2. CONTACT POINT – The Service Provider designates the email address contact@fat-dp.com as a single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission, and the Digital Services Council, and at the same time enables service recipients (including Service Recipients) to communicate directly, quickly, and easily with the Service Provider by electronic means for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its contact point.
11.3. Procedure for reporting Illegal Content and action in accordance with Article 16 of the Digital Services Act:
11.3.1. Any person or entity may report the presence of specific information that they consider to be Illegal Content to the Service Provider at the email address contact@fat-dp.com.
11.3.2. The report should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission of reports containing all of the following elements to the above-mentioned email address: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for reports concerning information considered to be related to one of the offenses referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
11.3.3. The report referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in relation to the information to which it relates if it enables a Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information concerned.
11.3.4. If the notification contains the electronic contact details of the person or entity making the notification, the Service Provider shall, without undue delay, send a confirmation of receipt of the notification to that person or entity. The Service Provider shall also notify such person or entity without undue delay of its decision regarding the information to which the notification relates, providing information on the possibility of appealing against the decision.
11.3.5. The Service Provider shall consider all reports it receives under the mechanism referred to above and shall take
11.3.6. The Service Provider shall consider all reports it receives under the mechanism referred to above and shall take decisions regarding the information to which the reports relate in a timely, non-arbitrary, and objective manner and with due diligence. If the Service Provider uses automated means for such consideration or decision-making, it shall include information about this in the notification referred to in the previous point.
11.4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Store with regard to information provided by Service Recipients:
11.4.1. The Service Recipient shall be bound by the following rules when providing any content within the Online Store:
11.4.1.1. the obligation to use the Online Store, including posting content (e.g., in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good manners, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties;
11.4.1.2. the obligation to enter content that is true and not misleading;
11.4.1.3. prohibition on providing illegal content, including prohibition on providing Illegal Content;
11.4.1.4. prohibition on sending unsolicited commercial information (spam) via the Online Store;
11.4.1.5. prohibition on providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
11.4.1.6. the obligation to hold, where necessary, all rights and permissions required to provide such content on the Online Store’s website, in particular copyrights or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute in the Online Store and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.
11.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the ICT system of the Service Provider, the Online Store, or third parties.
11.4.2. The Service Provider reserves the right to moderate the content provided by Service Users on the Online Store website. Moderation is carried out in good faith and with due diligence, on the Service Provider’s own initiative or upon receipt of a report, in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions, or to prevent access to it, or to take the necessary measures to comply with European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Terms and Conditions.
11.4.3. The moderation process may be carried out manually by a human or based on automated or semi-automated tools that facilitate the Service Provider’s identification of Illegal Content or other content that does not comply with the Terms of Service. After identifying such content, the Service Provider shall decide whether to remove or block access to the content, or otherwise limit its visibility, or take other measures it deems necessary (e.g., contact the Service Recipient to clarify the objections and change the content). The Service Provider shall inform the Service Recipient who provided the content (if their contact details are available) in a clear and easily understandable manner about its decision, the reasons for it, and the available options for appealing against it.
11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider shall act with due care, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
11.5. Any comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider on the basis of a report received or a decision taken by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Terms and Conditions. The use of this procedure is free of charge and allows complaints to be submitted electronically to the specified e-mail address. The use of the complaint reporting and handling procedure is without prejudice to the right of a given person or entity to initiate court proceedings and does not infringe upon their other rights.
11.6. The Service Provider shall consider all comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider on the basis of a received report or decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information to which the complaint relates is not illegal and does not violate the Terms of Service, or contains information indicating that the complainant’s action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision to remove or disable access to the content or otherwise limit its visibility, or take other measures it deems necessary.
11.7. Service Users, persons or entities that have reported Illegal Content to which the Service Provider’s decisions regarding Illegal Content or content that does not comply with the Terms of Service are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning those decisions, including in relation to complaints that have not been resolved through the Service Provider’s internal complaint handling system.
12. FINAL PROVISIONS
12.1. Agreements concluded through the Online Store are concluded in Polish.
12.2. Amendment of the Terms and Conditions:
12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, i.e.: changes in the law; changes in the methods or terms of payment or delivery, subject to legal or regulatory obligations; changes in the scope or form of Electronic Services provided; addition of new Electronic Services; the need to counteract an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Users/Customers against fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. Notification of proposed changes shall be sent at least 15 days in advance of the date on which such changes take effect, except that a change may be made without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the previous sentence, the changes shall take effect immediately, unless it is possible or necessary to apply a longer period for the introduction of changes, of which the Service Provider shall notify the Service Recipient each time.
12.2.3. In the case of continuous contracts (e.g., provision of an Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the end of the notification period for the proposed changes. Such termination shall take effect within 15 days of receipt of the notification. In the case of a continuous contract, the amended Terms and Conditions shall be binding on the Service Recipient if they have been properly notified of the changes, in accordance with the notification period prior to their introduction, and have not terminated the contract during that period. Additionally, at any time after receiving notification of the changes, the Service Recipient may accept the changes and thus waive the remainder of the notification period. In the case of concluding a contract of a nature other than a continuous contract, changes to the Terms and Conditions shall in no way affect the rights acquired by the Customer prior to the date of entry into force of the changes to the Terms and Conditions, in particular, changes to the Terms and Conditions shall not affect Orders already placed or submitted and Sales Contracts concluded, performed, or executed.
12.2.4. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the consumer has the right to withdraw from the agreement.
12.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (i.e., Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
12.4. These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to them under the provisions that cannot be excluded by contract.
13. MODEL CONTRACT WITHDRAWAL FORM
(APPENDIX NO. 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
EMPE MACIEJ PRĘT
ul. Marszałkowska 25/1, 66-530 Drezdenko
fat-dp.com
contact@fat-dp.com
– I/We (*) hereby inform you (*) of my/our withdrawal from the contract of sale of the following goods (*) the contract of delivery of the following goods (*) the contract for the performance of the following goods (*) / the provision of the following service (*)
– Date of conclusion of the contract(*)/receipt(*)
– Name and surname of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent in paper form)
– Date
(*) Delete as appropriate.