Terms & Conditions

Terms & Conditions of the Formyca – marble online store

Specifying the rules for concluding sales contracts through the store, containing the most important information about the Seller, the Store and Consumer rights.

CONTENTS

§1 Definitions

§2 Contact with the Seller

§3 Technical requirements

§4 Shopping in the Store

§5 Payment methods

§6 Order processing

§7 Right to withdraw from the contract

§8 Exceptions to the right to withdraw from the contract

§9 Complaints

§10 Personal data

§11 Disclaimers

§12 Provisions applicable to buyers who are not consumers

Attachment no. 1: Sample withdrawal form

§1 DEFINITIONS

Working days – days from Monday to Friday, except public holidays.

Account – a free function of the Store (service provided electronically) regulated by terms & conditions, thanks to which the Buyer can set up their individual account in the Store.

Consumer – within the meaning of the provisions of the Civil Code.

Buyer – any entity purchasing in the Store.

Terms & Conditions – these terms & conditions.

Shop – Formyca online marble store run by the Seller at: info@formyca.de

Seller – Formyca Tomasz Kowalczyk with its registered office at ul. Hebanowa 18B, 87-100 Toruń, NIP 9561892638, REGON 870607754.

§2 CONTACT WITH THE SELLER

Postal address: ul. Hebanowa 18B, 87-100 Toruń
E-mail address: info@formyca.de
Phone: +49 162 321 30 37

§3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, you need:

equipment with Internet access
a web browser that supports JavaScript and cookies.

To place an order in the Store, an active email account is required in addition to the requirements specified in section 1.

§4 SHOPPING IN THE STORE

The prices of goods visible in the Store are the total prices for the goods, including VAT.
The Seller points out that the total price of the order includes the price for the goods indicated in the Store and, if applicable, the costs of delivery of the goods.
The product selected for purchase should be added to the cart in the Store.
Then the Buyer selects from those products available in the Store: the method of delivery of the goods and the payment method for the order, and provides the data necessary to complete the order.
The order is placed when its content is confirmed and the Terms & Conditions are accepted by the Buyer.
Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller.
The Seller will provide the Consumer with a confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of the delivery of the goods.
The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their data with each order.

§5 PAYMENT METHODS

Depending on your choice, you can pay for your order:

By standard transfer to the Seller's bank account.
Using a payment card:

PayPal
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro

Via the payment platform:

Shoper

If you choose to pay via the “Shoper” payment platform, the entity providing online payment services is Blue Media S.A. If the Buyer chooses payment in advance, the order must be paid within 7 Business Days of placing the order. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is only possible immediately after placing the order. When making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§6 ORDER PROCESSING

The Seller is obliged to deliver the goods without defects.
The order processing and delivery deadline is 10 business days from payment. This deadline may be extended without giving a reason, but no longer than by another 30 days. If the Buyer has chosen to pay for the order in advance, the Seller will begin processing the order after it has been paid.
If, as part of one order, the Buyer purchased goods with different lead times, the order will be completed on the date appropriate to the goods with the longest lead time.
The goods are delivered only within the territory of the Republic of Poland, in Germany, Austria, Switzerland and the United Kingdom, without being brought to the premises of the ordering party.
Goods purchased in the Store are delivered according to the delivery method chosen by the Buyer:

Through a shipping company

6. The buyer can pick up the goods in person at the company's headquarters during its opening hours.

7. The order completion date is counted from the date the payment for the order is credited to the Seller's account.

8. The Supplier reserves the right to withdraw from the contract if, before making the delivery, the Buyer violates good manners or principles of social coexistence in contacts with the Supplier's staff. The paid price will be refunded within 14 days. The declaration of withdrawal may be replaced by a refund of the amount paid, provided that this point of the Terms & Conditions is indicated in the transfer title.

9. The Seller reserves the right to cancel the order in the event of a system error, a technical problem that prevents production, an incorrectly given price of the goods, or lack of goods in the warehouse or from the suppliers.

§7 RIGHT TO WITHDRAW FROM THE CONTRACT

The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline to withdraw from the contract expires after 14 days:

if the Consumer came into possession of the goods or if a third party other than the carrier and indicated by the Consumer came into possession of the goods.
if the Consumer came into possession of the last item or if a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately.
concluding a contract – in the case of a contract for the supply of digital content.

3. In order for the Consumer to exercise the right to withdraw from the contract, they must inform the Seller, using the data provided in § 2 of the Regulations, about their decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent by post or information sent by e-mail).

4. The consumer may use the sample withdrawal form at the end of the Regulations, but this is not obligatory.

5. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract expires.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

In the event of a withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, and in any case the Consumer will not incur any fees in connection with this refund.
The Seller may withhold the refund until receipt of the goods or until proof of its return is provided, depending on which event occurs first.
The seller asks to return the goods to the following address: ul. Hebanowa 18B, 87-100 Toruń, immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer returns the goods before the 14-day period expires.
The consumer bears the direct costs of returning the goods.
The consumer is only liable for any reduction in the value of the goods resulting from using them in a manner other than what was necessary to establish the nature, characteristics and functioning of the goods.
If the goods cannot be returned by normal post due to their nature, the consumer must also bear the direct costs of returning the goods. The consumer will be informed of the estimated amount of these costs by the seller in the description of the goods in the shop or when placing the order.
If there is a need to refund funds for a transaction made by the Consumer with a payment card, the Seller will make the refund to the bank account assigned to this payment card.

§8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

The right to withdraw from a distance contract is not available to the Consumer in relation to the contract:

in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs.
in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items.
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.
for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
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 for withdrawal from the contract.
for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract.

§9 COMPLAINTS

In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.
Using the warranty, the Buyer may, under the terms and within the deadlines specified in the Civil Code:

in the case of a significant defect – submit a declaration of withdrawal from the contract
demand that the item be replaced with a defect-free one
demand removal of the defect
demand a price reduction.

3. The Seller asks you to submit complaints based on the warranty to the postal address or electronic e-mail address info@formyca.de

4. If an additional warranty has been granted for the goods, information about it and its conditions is available in the product description in the Store.

5. Complaints regarding the operation of the Store should be sent to the e-mail address info@formyca.de

6. Permissible product dimension tolerance +/- 5 mm.

7. Marble, granite and conglomerate may have shades, discolourations, veins and grain sizes typical of natural stone, making each product unique, so the structure and colour differences of elements made of the same material are not considered as complaints.

8. It is recommended to examine the goods and their dimensions after receipt and before installation. The right to file a complaint regarding dimensions (e.g. due to cutting by the Customer) and subsequent mechanical damage expires when the Consumer comes into possession of the goods or when a third party indicated by the Consumer comes into possession of the goods.

9. The delivered order must be opened in the presence of the driver. In case of any damage, a damage report must be written. A complaint without a written damage report will not be accepted. Please send the report with photos of the damage to our e-mail address: info@formyca.de

10. The right to file a complaint expires when the Consumer does not follow the instructions for proper use and care of stones and conglomerates contained in the "Guides" section of the online store.

11. The complaint will be considered by the Seller within 14 days.

OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS

If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use:

mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pI/wazne_adresv.php#faq595.
assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne adresy.php#faq596.
free assistance of the city or district Consumer Ombudsman.
online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§10 PERSONAL DATA

The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and of the Council (EU) on data protection – "GDPR".
The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfil orders. The basis for the processing of personal data in this case is:

sales contracts or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR),
the Seller's legal obligation related to accounting (Article 6(1)(c), and
the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary to conclude a sales contract. Failure to provide data will prevent the conclusion of a sales contract in the Store. The Buyer's data provided in connection with purchases in the Store will be processed until:

the Seller will no longer have a legal obligation to process the Buyer's data;
the Buyer or Seller will no longer be able to pursue claims related to the sales contract concluded by the Store;
the Buyer's objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Seller,

- depending on what is applicable in a given case and what will happen at the latest.

The Buyer has the right to demand:

access to your personal data,
their corrections,
deletion,
processing restrictions,
request the transfer of data to another administrator, as well as the right:
to object at any time to the processing of data for reasons related to the Buyer's particular situation – to the processing of personal data concerning him, based on Art. 6 section 1f GDPR (i.e. on legitimate interests pursued by the administrator).

2. In order to exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.

3. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§11 DISCLAIMERS

The Buyer is prohibited from providing illegal content.
Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and in order to complete the order.
Agreements concluded on the basis of these regulations are concluded in Polish.
None of the provisions of these regulations exclude or in any way limit the Consumer's rights arising from legal provisions.
The provisions regarding goods and the sales contract apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.

§12 PROVISIONS APPLICABLE TO BUYERS WHO ARE NOT CONSUMERS

The right to withdraw from a distance contract does not apply to any entity other than the Consumer.
Any liability of the Seller towards the Buyer who is not a Consumer is excluded.
The provisions of the Regulations, the right to withdraw from the contract, the warranty and the provisions on prohibited clauses also apply to the entrepreneur with consumer rights within the meaning of civil law.
In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.

Annex No. 1 to the Regulations

Below is a sample withdrawal form that the Consumer may, but does not have to, use:

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

Formyca Tomasz Kowalczyk with its registered office at ul. Hebanowa 18B, 87-100 Toruń, NIP 9561892638, REGON 870607754

to the e-mail address: info@formyca.de

- I/We(*) ......................... hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Date of conclusion of the contract (*V) collection(*).

- First name and surname of the Consumer(s):

- Address of the Consumer(s): .................................................................................................................................................................................

......................................................................................................................................................................................................................................

Consumer's signature

(only if the form is sent in paper version)

Data ........................................

(*) Delete as appropriate.

Account Terms and Conditions

Account regulations in the Formyca store – marble online

CONTENTS

§1 Definitions

§2 Contact with the Seller

§3 Technical requirements

§4 Account

§5 Complaints

§6 Personal data

§7 Disclaimers

§1 DEFINITIONS

Account – a free function of the Store (service) regulated in these regulations, thanks to which the Buyer can set up an individual Account in the Store.

Buyer – any entity purchasing in the Store.

Shop – Formyca online marble store run by the Seller at: info@formyca.de

Seller – Formyca Tomasz Kowalczyk with its registered office at ul. Hebanowa 18B, 87-100 Toruń, NIP 9561892638, REGON 870607754

§2 CONTACT WITH THE SELLER

Postal address: ul. Hebanowa 18B, 87-100 Toruń
E-mail address: info@formyca.de
Phone: +49 162 321 30 37

§3 TECHNICAL REQUIREMENTS

For proper functioning and creation of an Account, you need:

an active email account
equipment with Internet access
a web browser that supports JavaScript and cookies

§4 ACCOUNT

Creating an Account is completely voluntary and depends on the will of the Buyer.
The account gives the Buyer additional possibilities, such as: viewing the history of orders placed by the Buyer in the Store, checking the order status or editing the Buyer's data independently.
In order to create an Account, please complete the appropriate form in the Store.
At the time of opening the Account, an agreement for maintaining the Account is concluded for an indefinite period between the Buyer and the Seller on the terms specified in these regulations.
The Buyer may cancel the Account at any time without incurring any costs.
In order to resign from the Account, please send your resignation to the Seller at the e-mail address: info@formyca.de which will result in immediate deletion of the Account and termination of the contract for maintaining the Account.

§5 COMPLAINTS

Complaints regarding the functioning of the Account should be sent to the e-mail address info@formyca.de
The complaint will be considered by the Seller within 14 days.

OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS

If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use:

mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here:https://www.uokik.gov.pI/wazne_adresv.php#faq595.
The assistance of a locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§6 PERSONAL DATA

The administrator of personal data provided by the Buyer when using the Account is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and basis for data processing, as well as about data recipients, are included in the Privacy Policy available in the Store – due to the principle of transparency contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – "GDPR".
The purpose of processing the Buyer's data is to maintain an Account. The basis for the processing of personal data in this case is the contract for the provision of a service or actions taken at the Buyer's request aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the legally justified interest of the Seller, consisting in the processing of data in order to determine, pursuing or defending any claims (Article 6(1)(f) of the GDPR).
Providing data by the Buyer is voluntary, but at the same time necessary to maintain the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.
The Buyer's data will be processed until:

the Buyer or Seller may no longer be able to pursue claims related to the Account;
the Buyer's objection to the processing of his personal data will be accepted – if the basis for data processing was the legitimate interest of the Seller,

- depending on which is applicable in a given case and what will happen at the latest.

1. The Buyer has the right to demand:

access to your personal data,
their correction,
deletion,
processing restrictions,
request the transfer of data to another administrator, as well as the right:
to object at any time to the processing of data for reasons related to the Buyer's particular situation – to the processing of personal data concerning him, based on Art. 6 section 1f GDPR (i.e. on legitimate interests pursued by the administrator).

2. In order to exercise their rights, the Buyer should contact the Seller.

3. If the Buyer considers that his data is being processed illegally, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§7 DISCLAIMER

The Buyer is prohibited from providing illegal content.
The agreement regarding maintaining the Account is concluded in Polish.
In the event of important reasons referred to in section 4, the Seller has the right to change these Account regulations.
Important reasons referred to in section 3 are:

the need to adapt the Store to the legal provisions applicable to the Store's operations
improving the security of the service provided
changing the functionality of the Account requiring modification of the Account regulations.

5. The Buyer will be informed about the planned change to the Account regulations at least 7 days before the change takes effect via an e-mail sent to the address assigned to the Account.

6. If the Buyer does not accept the planned change, they should inform the Seller about it by sending an appropriate message to the Seller's e-mail address info@formyca.de, which will result in the termination of the contract for maintaining the Account upon the entry into force of the planned change or earlier if the Buyer submits such a request.

7. If the Buyer does not object to the planned change until it enters into force, it is assumed that they accept it, which does not constitute any obstacle to terminating the contract in the future.

8. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.

9. None of the provisions of these regulations exclude or in any way limit the Consumer's rights arising from legal provisions.

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