Regulations

Fomann / Regulations

General information
1. Website operating at www.fomann.com. (hereinafter referred to as the Online Website in these Regulations) is run by Fomann Sp. z o.o. (hereinafter referred to in the Regulations as the Seller).
2. These regulations specify the conditions on which the Buyer concludes the contract for the purchase of goods offered by the Seller via the Website, as well as the terms of use of the Website by Users.
3. The Buyer is understood as the person who concluded with the Seller the contract for the purchase of goods via the Website, on the terms covered by these regulations.
4. Goods are understood as products offered by the Seller for sale via the Website, including, in particular, spare parts for machines.
5. Users are defined as persons using the Website, including persons who have set up a user account on the Website.
6. A natural person who performs a legal action with the entrepreneur not directly related to his business or professional activity is considered a Consumer.
Internet service
1. The Seller sells the goods it offers via the Website.
2. To use the Website to make a purchase a computer or other device that allows the website to be played that meets the following requirements is necessary:
  1. ……………………..
  2. ……………………..
3. Users can set up a user account on the Website, which will enable faster and easier placing of orders via the Website.
4. The User may set up a user account on the Website by completing the registration form. To set up a user account, the following data is required: name and surname (or company name), address, e-mail address and telephone number. In the case of setting up an account for a company, it will be necessary to provide a NIP number for the purpose of issuing a VAT invoice.
5. Creating an account on the Website requires the acceptance of these regulations and constitutes the conclusion of a contract for the provision of electronic services consisting in the possibility of using the functionality of the user’s account on the Website.
6. The above-mentioned agreement is concluded for an indefinite period, and each party has the right to terminate it with a 7-day notice period. The User may terminate by removing the account on the Website or in writing or by e-mail. The seller may terminate the contract in writing or by e-mail.
7. After the end of the notice period, the Seller deletes the user’s account on the Website, if it has not been previously removed by the User.
8. The termination of the contract for the provision of electronic services for access to the User’s account on the Website does not affect the validity of the concluded sales contracts via the Website.
9. The User is obliged to keep the login and password for the Website in confidence and not to disclose them to third parties.
10. The Seller is entitled to all rights, including proprietary copyrights to all materials and works included in the Website, and Users have no right, without the consent of the Seller, to use these materials and works, except to use the Website on the terms set out in these Regulations.
Order
1. The order for goods is made via the Website, specifying the quantity and type of ordered goods.
2. An order can be placed using a user account on the site or without creating such an account. In the case of placing an order without creating a user account, it will be necessary to provide the following data: name and surname (or company name), address, e-mail address and telephone number. In the case of orders placed by companies, it will be necessary to provide the NIP number for the purpose of issuing a VAT invoice.
3. The conclusion of the contract for the sale of the goods takes place at the moment of informing the Buyer by the Seller about the confirmation of the order. The Seller shall provide information about the acceptance of the order on the Website, as well as to the e-mail address provided during the registration of the User’s account on the Website or in the order form.
4. In the event that the Seller does not confirm the acceptance of the order within 7 days from the date of placing the order, the order ceases to be binding for the ordering party.
5. The Seller may refuse to accept the order, in particular if it turns out that the Seller does not have the goods specified in the order or for other important reasons.
Price and payment
1. All prices indicated on the Website are gross prices expressed in zlotys or euros, including the applicable VAT rate.
2. The prices indicated on the Website are prices for a single piece of a given item, as described in the Website.
3. In addition to the price for the goods, the Buyer will also be required to pay delivery costs. The cost of delivery will be indicated on the Website when placing the order or it will be individually priced for international shipments.
4. Payments for orders made on the Website may only be made using the PayU platform in the form of a prepayment due to the need to prepare and individually pack the goods ordered by the Buyer.
5. The buyer is obliged to accept the regulations for the provision of online payment services under the Dotpay system. Lack of acceptance means that you must cancel your purchase.
Execution of the contract
1. After placing and accepting the order, the goods ordered by the Buyer are prepared, packaged and then sent by courier.
2. The order is processed on the dates specified on the Website, however only the working days are counted in the calculation of the term.
3. Working days are understood as any day except Saturday, Sunday, Christmas Eve and public holidays.
4. The order is considered to have been made on the date of delivery of the ordered goods to the courier.
Responsibility for the quality of the service and the complaint procedure
1. The seller is obliged to deliver goods free from both physical and legal defects. In order to ensure the highest quality of the delivered goods, before each shipment, the ordered goods undergo individual quality control.
2. Due to the nature of the offered goods, they may differ from each other, on the Website, for each product, weight ranges and other features are given for the weight. If the given product falls within the scope specified in the Website (in particular in the weight range), then this can not be the basis for accepting that the product has a defect.
3. The Seller is liable to the Buyer for physical and legal defects of the goods sold on the terms set out in the Civil Code.
4. In the event of a defect, for which the Seller is responsible, the Buyer is obliged to notify the Seller. The application is made in writing or by e-mail to office@fomann.com. In the application, the Buyer should describe in detail the defect, possibly including photo documentation, which will speed up the procedure for handling complaints.
5. In the event of a defect, the Buyer has the right to demand delivery of goods free from defects, repair goods, reduce the price or withdraw from the contract if the defect is significant, in accordance with the provisions of the Civil Code.
6. The seller responds to complaints within 14 days from the date of receipt.
Withdrawal from the contract
1. The consumer who concluded a sales contract with the Seller on the terms set out in these regulations, may, within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point. VII.7 and in point VII.9. of these Regulations.
2. The right to withdraw from an agreement concluded outside the business premises or at a distance, referred to above, is not entitled to the Consumer in relation to contracts:
  1. in which the subject of the service is a non-prefabricated item, manufactured according to the specification of the Consumer or serving to satisfy his individual needs;
  2. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
  3. in which the object of the service is an item delivered in a sealed package, which after opening the package can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
  4. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who was informed before the service begins that after fulfilling the provision by the entrepreneur he will lose the right to withdraw from the contract;
  5. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;
  6. in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
  7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
  8. in which the consumer clearly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;
  9. in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
  10. for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;
  11. concluded through a public auction;
  12. for the provision of accommodation services, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
  13. for delivery of digital content that is not stored on a tangible medium, if the fulfillment of the service started with the consumer’s express consent before the deadline for withdrawal and after informing him by the trader about the loss of the right to withdraw from the contract.
3. The period for withdrawing from the contract begins to run:
  1. for the contract whereby the Seller issues the item, being obliged to transfer its ownership – from taking possession of the item by the Consumer or a third party designated by the Consumer other than the carrier, and in the case of a contract which:
    1. includes many things that are delivered separately, in batches or in parts – from taking possession of the last thing, lot or part,
    2. depends on regular delivery of items for a specified period of time – from taking possession of the first item;
  2. for other contracts – from the date of conclusion of the contract.
4. The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. The statement may be submitted on the form, which constitutes Appendix No. 1 to these Regulations, however the use of the form is not obligatory. To meet the deadline to acquire the contract, it is enough to send a statement before its expiration.
5. The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including delivery costs. 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 return, which does not entail any costs for him.
6. If the Seller has not offered to pick up the goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the items back or the Consumer provides proof of their return, depending on which event occurs first.
7. If the Consumer has chosen a method of delivery of the goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
8. The consumer is obliged to return the product to the Seller or hand it over to the person authorized by the Seller to receive it immediately, however not later than 14 days from the day on which he withdrawn from the contract, unless the Seller suggested that he will collect the goods himself. To meet the deadline, it is enough to return the goods before its expiry.
9. The consumer bears only the direct cost of returning the goods.
Personal data protection
1. The administrator of personal data provided to the Seller by Buyers and Users is the Seller. The Seller makes every effort to ensure proper protection of personal data.
2. Detailed rules for the processing of personal data by the Seller shall be set out in the Privacy Policy constituting an integral part of these Regulations.
Final Provisions
1. In matters not covered by these regulations, the relevant legal provisions apply.
2. These regulations may not be interpreted in a way that limits or excludes any rights that the Consumer may have under the Consumer Rights Act or other relevant legal provisions.
3. Contact with the Seller may take place in writing at the address Rynek Główny 28 Kraków, as well as at the e-mail address office@fomann.com or by phone at 734125841
4. Information on the methods and access to extrajudicial forms of dispute resolution can be obtained at: http://www.uokik.gov.pl/spory_konsumenckie.php.
5. The online platform for settling disputes between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/. The ODR platform is an interactive and multilingual website with a point of comprehensive service for consumers and entrepreneurs seeking a non-judicial resolution of a dispute regarding contractual obligations arising from an online sales contract or a service contract.
6. The Seller, in particular in the situation of changing the scope of offered goods and changes in the functionality of the Website, may change these Regulations. The Seller informs Users about the changes made on the Website by sending an e-mail.
7. The User, in the situation referred to above, has the right to submit a statement, within 14 days from the date of receipt of information about the change in the regulations, terminating the contract with a notice period of 7 days.
8. The change in the regulations does not affect the terms and conditions of the sales contracts that have been concluded so far, to which the current provisions of these Regulations apply.

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