Statute

FIRANKIHURT.PL E-WAREHOUSE TERMS AND CONDITIONS FOR BUSINESSES

TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS OF CONCLUDING SALES CONTRACTS
4. PAYMENT METHODS AND DATES
5. PRODUCT SHIPMENT AND COLLECTION COSTS, METHODS AND DATES
6. PRODUCT COMPLAINTS
7. ADDITIONAL PROVISIONS
8. END PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Store available at the www.firankihurt.pl address is run by FIRANY GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Kolonia Lesznowola (registered office address and mail delivery address: ul. Postępu 16, 05-506 Kolonia Lesznowola); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000727067; register court where the company documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 14
th Commercial Division of the National Court Register; share capital in the amount of: PLN 300,000; NIP (VAT): 1231394442; REGON: 369942006, electronic mail address: bok@firankihurt.pl and contact phone number: 579107068.
1.2. These Terms and Conditions and the Online Store/E-Warehouse are addressed only to businesses using the Online Store (the Terms and Conditions and the Online Store are not addressed for consumers).
1.3. The Controller of personal data processed in the Online Store in connection with performance of the provisions of these Terms and Conditions is the Seller. Personal data are processed for purposes, for the duration, and based on the basis and principles identified in the privacy policy published at the Online Store website. The privacy policy primarily contains rules concerning the processing of personal data in the Online Store by the Controller, including the basis, purposes and duration of personal data processing, and the rights of data subjects, as well as information regarding the use of cookie files and analytic tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by a Service Recipient or Customer using the Online Store, in relation to the above, is voluntary subject to the exceptions specified in the privacy policy (entering into contracts and the Seller’s statutory obligations).
1.4. Definitions:
1.1.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.1.2. REGISTRATION FORM – a form available in the Online Store, which enables creating an Account.
1.1.3. ORDER FORM – an Electronic Service, an interactive form available in the Online Store, which enables placing Orders, in particular by adding Products to an electronic cart and by specifying the Sales Contract conditions, including payment method.
1.1.4. CUSTOMER – (1) an individual having complete legal capacity, for whom using the Website, including entering into Sales Contract, is directly connected to its business or professional activity (i.e. who in this case is not a consumer); (2) a legal person; or (3) a business unit without legal personality, to whom the Act grants legal capacity; – who has entered or intends to enter into a Sales Contract with the Seller.
1.1.5. CIVIL CODE – the civil code act dated 23 April 1964 (Polish Journal of Laws 1964 no. 16, item 93 as amended).
1.1.6. ACCOUNT – an Electronic Service, a set of resources identified with an individual name (login) and password provided by the Service Recipient, existing in the IT system of the Service Provider, where data provided by the Service Recipient and information on the Orders it has placed in the Online Store are gathered.
1.1.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider by means of e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider cyclic content of subsequent newsletter editions, containing information on Products, news, and special offers in the Online Store.
1.1.8. PRODUCT – a service available in the Online Store, which is not an Electronic Service, or a piece of movable property, which is the object of a Sales Contract between a Customer and the Seller.
1.1.9. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.1.10. ONLINE STORE - an online store of the Service Provider, available under the web address: www.firankihurt.pl.
1.1.11. SELLER; SERVICE PROVIDER - FIRANY GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Piaseczno (registered office address and delivery address: ul. Wojska Polskiego 58/1, 05-500 Piaseczno); entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000727067; register court where the company documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 14
th Commercial Division of the National Court Register; share capital in the amount of: PLN 300,000; NIP (VAT): 1231394442; REGON: 369942006, electronic mail address: bok@hurtowniafiranek.pl and contact phone number: 739588535. These Terms and Conditions and the Online Store are addressed only to businesses using the Online Store (the Terms and Conditions and the Online Store are not addressed for consumers).
1.1.12. SALES CONTRACT – a contract for the sale or production of a Product, entered into by a Customer and the Seller through the Online Store.
1.1.13. ELECTRONIC SERVICE – a service provided by electronic means by the Service Provider for Service Recipients through the Online Store.
1.1.14. SERVICE RECIPIENT – (1) an individual having complete legal capacity, for whom using the Website, including entering into Sales Contract, is directly connected to its business or professional activity (i.e. who in this case is not a consumer); (2) a legal person; or (3) a business unit without legal personality, to whom the Act grants legal capacity; – who uses or intends to use an Electronic Service.
1.1.15. ORDER – a declaration of intent of a Customer, made using the Order Form and aimed directly at concluding a Product Sales Contract with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are provided in the Online Store: Account, Order Form, and Newsletter.
1.1.16. Account – using the Account is possible after a Service Recipient completes a total of two consecutive steps – (1) completing a Registration Form, (2) clicking the “Save” field. In the Registration Form it is necessary that the Service Recipient provides the following data of the Service Recipient: given name and family name, name of enterprise, NIP (VAT) number, e-mail address, and password. The Service Recipient may also use the Account by checking a relevant checkbox when placing an Order – when the Order is placed, an Account is created for the Service Recipient.
1.1.16.1 The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without stating a reason, delete the Account by sending a relevant request to the Service Provider, especially by e-mail to the address: bok@hurtowniafiranek.pl or in writing to the address: ul. Gościniec 7, 05-503 Wola Gołkowska
1.1.17. Order Form – using the Order Form begins when a Customer places the first product in the electronic cart in the Online Store. An Order is placed when the Customer makes a total of two consecutive steps – (1) completes the Order Form and (2) clicks the “Submit Order” field at the Online Store website after completing the Order Form – until this moment the Customer can by themselves modify the data entered (to do it, follow the messages displayed and the information available at the Online Store website). In the Order Form it is necessary that the Customer provides the following Customer data: business name, NIP (VAT) number, address (street, building/apartment number, postal code, city, country), e-mail address, contact phone number, and data concerning the Sales Contract: Product/s, quantity of the Product/s, Product shipment method and destination, payment method.
1.1.17.1 The Order Form electronic service is provided free of charge, on a one-time basis, and is concluded once the Order is placed through the Form or when the Service Recipient discontinues placing the Order.
1.1.18. Newsletter – use of the Newsletter is performed by checking the relevant checkbox when setting up an Account or placing an Order – when the Account is created or the Order is placed, the Service Recipient is subscribed to the newsletter.
1.1.18.1 The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without stating a reason, unsubscribe from the Newsletter by sending a relevant request to the Service Provider, especially by e-mail to the address: bok@hurtowniafiranek.pl or in writing to the address: ul. Gościniec 7, 05-503 Wola Gołkowska
2.2. Technical requirements that must be met to work with the IT system operated by the Service Provider: (1) personal computer, laptop, or another multimedia device with Internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox 17.0 or higher, or Internet Explorer 10.0 or higher, or Opera 12.0 or higher, or Google Chrome 23.0. or higher, or Safari 5.0 or higher, or Microsoft Edge 25.10586.0.0 or higher; (4) enabling Cookie file saving and Javascript support in the browser.
2.3. The Service Recipient is obligated to use the Online Store in a manner compliant with the law and good manners, giving consideration to the personal rights, copyright and intellectual property rights of the Service Provider and third parties. The Service Provider is obligated to submit data that are factually accurate. The Service Provider is prohibited from providing unlawful content.
2.4. Complaint handling procedure:
1.1.19. The Service Recipient may submit complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the functioning of the Online Store (excluding the Product-related complaint handling procedure, which is specified in section 6 of the Terms and Conditions) for example:
1.1.20. In writing to the address: ul. Postępu 16, 05-506 Kolonia Lesznowola;
1.1.21. In electronic form, by e-mail to the address: reklamacje@firankihurt.pl;
1.1.22. It is recommended that the Service Recipient provides the following in the complaint description: (1) information and circumstances concerning the object of the complaint, in particular the type and date of occurrence of irregularities; (2) Service Recipients requests; and (3) contact data of the complaint submitter – it will facilitate handling the complaint by the Service Provider. The requirements specified in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted with the recommended complaint description omitted.
1.1.23. The Service Provider responds to the complaint promptly, no later than within 14 calendar days from the date the complaint is submitted.
3. TERMS AND CONDITIONS OF CONCLUDING SALES CONTRACTS
3.1. A Sales Contract between a Customer and the Seller is entered once the Customer places an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2. The Product price displayed at the Online Store website is stated in Polish złoty and includes taxes. The total price of the Product subject to the Order, including taxes, shipment costs (including transport and delivery fees), as well as other costs, and if the amounts of these fees cannot be determined – the obligation to pay them are communicated to the Customer at the Online Store website during Order placing, including the moment when the Customer expresses the intent to be bound by the Sales Contract.
3.3. The minimum Order value for placing Orders by the Customer is PLN 650.
3.4. Procedure for entering into a Sales Contract in the Online Store using the Order Form
1.1.24. A Sales Contract between a Customer and the Seller is entered once the Customer places an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
1.1.25. Once an Order is placed, the Seller will confirm by e-mail within 3 days that it has accepted the order. A contract is concluded only the Seller confirms that it has accepted the Order and commenced its performance. When the Customer receives the above-mentioned e-mail message, a Sales Contract is entered into by the Customer and the Seller.
3.5. Recording, securing and providing the Customer with the content of the concluded Sales Contract is done by means of (1) publishing these Terms and Conditions at the Online Store website, and (2) sending the Customer the e-mail message referred to in section 3.3.2. of the Terms and Conditions. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Store.
4. PAYMENT METHODS AND DATES
4.1. The Seller provides the Customer with the following payment methods in connection with the Sales Contract:
1.1.26. Cash payment when the shipment is delivered.
1.1.27. Payment by remote transfer to the Seller’s bank account.
4.2. Payment date:
1.1.28. If the Customer selects payment by remote transfer to the Seller’s bank account, the Customer is obligated to make the payment within 7 calendar days from entering into the Sales Contract, unless the Contract states otherwise.
1.1.29. If the Customer selects payment on shipment delivery, the Customer is obligated to make the payment when they receive the shipment.
5. PRODUCT SHIPMENT AND COLLECTION COSTS, METHODS AND DATES
5.1. Product shipments to Customers are subject to fees. The costs of Product shipments (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab concerning shipment costs, as well as during Order placement, also including when the Customer expresses the intent to be bound by a Sales Contract.
1.1.30. The Seller provides free Product shipment to the Customer for Orders exceeding net PLN 7500.
5.2. The Seller provides the Customer with the following Product shipment or collection methods:
1.1.31. Courier shipment, courier shipment with payment on delivery.
5.3. The date of Product delivery to the Customer is 7 Business Days, unless a shorter date is stated in the description of a particular Product or during Order placing. For Products with different delivery dates, the delivery date is the longest date stated, which may not exceed 7 Business Days, however. The beginning of the Product delivery date is determined as follows:
1.1.32. If the Customer selects payment by remote transfer – from the date when the Seller’s bank account or settlement account is credited.
1.1.33. If the Customer selects payment on delivery – from the date of entering into the Sales Contract.
6. PRODUCT COMPLAINTS
6.1. Pursuant to art. 558 § 1 of the Civil Code, the Seller’s liability towards the Customer on account of statutory warranty for the Product is excluded.
7. ADDITIONAL PROVISIONS
7.1. The Seller has the right to withdraw from the Sales Contract entered into with a non-consumer Customer within 14 calendar days from its conclusion. Withdrawal from the Sales Contract in this case may be done without stating a reason and does not give rise to any claims against the Seller on the side of the non-consumer Customer.
7.2. The Seller has the right to limit the available payment methods, and to require an advance payment in full or in part, regardless of the payment method selected by the Customer or the fact that a Sales Contract has been concluded.
7.3. The Seller only issues VAT invoices.
7.4. When the Seller issues the Product to the carrier, the benefits and burdens related to the Product, and the risk of accidental loss or damage to the Product transfer to the non-consumer Customer. In this case, the Seller bears no liability for loss or damage to the Product caused by its acceptance for shipment, until it is issued to the Customer, or for delays in shipment transport.
7.5. If the Product is sent to the Customer through a carrier, the non-consumer Customer is obligated to inspect the shipment on delivery, and to do it in a manner accepted for shipments of the given type. If they find that the Product suffered any loss or damage during transport, they are obligated to perform all actions necessary to determine the carrier’s liability.
7.6. For non-consumer Service Recipients, the Service Provider may terminate a contract for the provision of an Electronic Service effective immediately and without specifying a reason, by sending a relevant statement to the Service Recipient.
7.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within individual claims, and for all claims collectively – to the amount of price and shipment costs paid on account of the Sales Contract, but no more than to the amount of five hundred złoty. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage predictable at the moment of entering into the contract and is not liable towards the Service Recipient/Customer for lost benefits.
7.8. If a Customer does not collect a shipment, the Seller has the right to charge them with a contractual fine of PLN 150.
7.9. All disputes arising between the Service Provider/Seller and the Service Recipient/Customer will be subject to the court having jurisdiction over the registered office of the Service Provider/Seller.
8. END PROVISIONS
8.1. Contracts entered into through the Online Store are concluded in the Polish language.
8.2. Amendments to the Terms and Conditions:
1.1.34. The Service Provider/Seller reserves the right to amend the Terms and Conditions.
1.1.35. If contracts of other nature than continuous contracts (e.g. Sales Contract) are entered into on the basis of these Terms and Conditions, amendments to the Terms and Conditions will in no way infringe upon the rights acquired by the Service Recipients/Customers before the effective date of the amendments to the Terms and Conditions, in particular amendments to the Terms and conditions will not affect Orders being placed or already placed, as well as Sales Contracts that have been concluded, are being performed, or have been performed.
8.3. In matters not regulated by these Terms and Conditions commonly applicable provisions of the Polish law apply, in particular: Civil Code; act on provision of services by electronic means dated 18 July 2002 (Polish Journal of Laws 2002 no. 144, item 1204, as amended), and other applicable provisions of commonly applicable law.