Terms and conditions

  1. General provisions
    1. These Terms and Conditions define the terms of use of the online store available at: www.franzgl.com. The store is run by Magdalena Piwowarska-Szurogajło running a business under the name Franz Gl Magdalena Piwowarska-Szurogajło at the address: ul. Heweliusza 1/16, 60-281 Poznań, Poland, tax identification number NIP: 9721139247, statistical number REGON: 366595314, e-mail: info@franzgl.com, tel: +48 662 815 611,  registered in Central Registration and Information on Business operated by the Ministry of Economy of the Republic of Poland.
    2. These Terms and Conditions specify in particular:
      • the principles of creating a customers account and using the account as a part of the e-shop,
      • the terms and conditions of placing orders and concluding sales contracts via the e-shop,
      • the terms and conditions of delivery of ordered products to the customer,
      • the terms and conditions for making payments for ordered products and for the chosen method of delivery,
      • customer’s right to resign from the order and withdraw from the contract,
      • the rules for submitting and processing complaints.
    3. Every Service Recipient is obliged to comply with the provisions of these Terms and Conditions when undertaking activities aimed at using the electronic services of the www.franzgl.com e-store.
  2. Definitions
    • PRICE - unit price of the Goods included in the description of the Goods, expressed in Polish zloty or euro; the price includes VAT tax; the price does not include Delivery costs;
    • REGISTRATION FORM - a form available in the online store that allows the customer to create a customer account,
    • ORDER FORM - a form available in the online store that allows the customer to place an order,
    • CUSTOMER - a natural person with legal capacity, and in cases provided for by generally applicable law regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sale Agreement with the Seller,
    • ACCOUNT - an individual customer's account created after registration and is use for placing orders by the customer and for other functions offered by the store,
    • DELIVERY COSTS - the costs of delivery of the goods to the customer,
    • NEWSLETTER - electronic service provided by the service provider via e-mail, which allows all users of the service to automatically receive from the service provider free information about products, news and promotions in the online store,
    • GOODS - goods available in the Online Store,
    • STORE - online store located at the electronic address www.franzgl.com, through which the Seller sells the goods,
    • SELLER, SERVICE PROVIDER - Magdalena Piwowarska-Szurogajło running a business under the name Franz Gl Magdalena Piwowarska-Szurogajło at the address: ul. Heweliusza 1/16, 60-281 Poznań, Poland, tax identification number NIP: 9721139247, statistical number REGON: 366595314, e-mail: info@franzgl.com, tel: +48 662 815 611,  registered in Central Registration and Information on Business operated by the Ministry of Economy of the Republic of Poland.
    • SALE AGREEMENT - the agreement on the sale of goods within the meaning of the Polish Civil Code concluded by and between the seller and the customer, concluded by means of the online store.
    • ELECTRONIC SERVICES - the service provided electronically by the service provider to the service recipient through the store,
    • SERVICE RECIPIENT - a natural person with legal capacity, and in cases provided for by generally applicable law regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the electronic service.
    • ORDER - a customer's declaration made by means of an order form directly aimed at concluding a product sale agreement with the seller.
  3. Electronic services in the store
    1. Electronic services available in the store are: customer account, the possibility of concluding sales agreement using the on-line order form and newsletter services
    2. All electronic services are voluntary and are provided free of charge.
    3. The electronic service ‚customer’s account’ is provided for an indefinite period and at the request of the service recipient can be terminated at any time without giving a reason by deleting the customer’s account. The customer can do it himself in the client’s panel after logging in to his account or sending a message with such a request to the email addressinfo@franzgl.com or b mail to the address ul. Heweliusza 1/16, 60-281 Poznan, Poland.
    4. Creating a customer account allows the customer to place orders in the e-shop after logging into the customer’s account. When creating the customer’s account the customer fills in the appropriate fields giving his / her name, surname, email address and consents to the content of the terms and conditions and the privacy policy. The customer can also provide his / her contact details and / or data for shipment and / or invoice details i.e. addresses, telephone numbers, company name.
    5. The electronic service that allows placing an order using the order form is of one-time nature and ends upon placing an order or ceasing its submission.
    6. The electronic newsletter service is provided for an indefinite period and at the request of the recipient can be terminated at any time without giving a reason. The customer can do it himself in the client’s panel after logging in to his / her account or by sending a message with such a request to the email address info@franzgl.com or by mail to the address ul. Heweliusza 1/16, 60-281 Poznan, Poland.
    7. All data provided by the recipient as a part of the provision of electronic services are provided on voluntary basis and should be true.
    8. If the information provided by the customer when placing an order or creating an account proves to be false, out of date or will raise doubts, the seller will attempt to contact the recipient in order to supplement or verify it. In the event that the contact with the customer is not possible, the seller reserves the right to refuse to process the order.
    9. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: a computer with access to the Internet or other multimedia device with access to the Internet, access to email, Internet browser, enabling Cookies and Javascript in the Internet browser.
    10. The customer is obliged to use the e-store in a manner consistent with the law and morality, with respect or personal rights and intellectual property rights of third parties.
  4. Terms of concluding a sales agreement
    1. The information on the e-Store’s website does not constitute an offer within the meaning on art. 66 of the Polish Civil Code, and are only an invitation to submit offers (conclusion of a contract) within the meaning of art. 71 of the Polish Civil Code. Placing an order (approval of the order with the „PAY NOW” button) is the submission by the customer of an offer to buy a product selected by the customer under the conditions specified in the product description.
    2. The customer may place orders 24 hours a day, all days of the year. The implantation of the orders takes place on working days from Monday to Friday from 10.00 AM to 6.00 PM.
    3. The customer makes the purchase by adding the product to the basket. It is possible to purchase after logging in or without creating a customer account. After adding the products to the basket, the customer indicates the method of payment and delivery and provides the data needed to perform the contract. All additional costs i.e. delivery and payment costs are given to the customer when placing the order and before the final order is placed.
    4. When placing the order - until the customer presses the button „PAY NOW” or other button that identifies the customer with the obligation to pay - the customer can modify the data and selected products by following the messages displayed to the customer and information available on the website.
    5. In order to place the order, it is necessary to read and accept the content of the terms and conditions and the privacy policy.
    6. After submitting the order the customer receives the order confirmation via email containing the final confirmation of all important elements of the order, e-store terms and conditions, instructions on the right to withdraw from the contract and a declaration of the right to withdraw from the contract. Upon receipt of the confirmation a sales agreement is concluded.
  5. Prices and Payment Methods
    1. The prices of products presented on the pages of the e-store are given in Euro, include VAT and do not include delivery costs./li>
    2. The price of the product displayed on the store’s website when the customer orders is binding.
    3. The total cost of the order for payment to which the customer is liable includes the sum of prices for each ordered products, the cost of shipping and the cost of payment.
    4. The seller provides the following payment methods:
      • PayPal
      • Bank Transfer
      • Cash on delivery (available on Polish territory only)
    5. Payment deadline: the customer is obliged to make the payment within 7 calendar days from the date of the sale agreement.
  6. Delivery
    1. The goods can be delivered only to EU countries. If a customer wants to have the goods delivered to non- EU country he/she needs to contact the store at: info@franzgl.com. The store has the right to refuse to deliver the goods to non-EU country.
    2. The goods are delivered to the address indicated when placing the order.
    3. The seller provides the following delivery methods:
      • Polish Mail -Global Expres - available in EU
      • Polish Mail - Courier 48 - available in Poland
      • DPD Courier - available in Poland
  7. Complaints about the Goods
    1. The basis and scope of the seller’s liability to the customer if the sold item has a physical or legal defect (warranty) are specified in the Act of the 23rd of April 1964 Polish Civil Code.
    2. The complaint may be submitted by the customer via email to the address info@franzgl.com or in writing to the address of ul. Heweliusza 1/16, 60-281 Poznan, Poland.
    3. It is recommended that in the complaint the customer provides his / her contact details, the date of the defect and the detailed description of the product defect to which the complaint applies.
    4. The buyer who exercises the rights under the warranty is obliged to deliver the faulty item to the address of ul. Heweliusza 1/16, 60-281 Poznan, Poland.
    5. The seller will consider the complaint within 14 days and the failure to examine the complaint within 14 days is recognized as its consideration.
  8. Complaints about Electronic Services
    1. Complaints regarding electronic services may be submitted via email to the address info@franzgl.com.
    2. It is recommended to provide in the complaint application the contact details of the customer as well as the date and type of irregularities regarding the functioning of the e-store.
    3. The seller will consider the complaint within 14 days. The seller will send his position regarding the complaint to the customer’s email address or provide it in a different way indicated by the customer.
  9. The right to withdraw from the agreement
    1. The consumer, who has concluded the distance contract has the right to withdraw from the contract without giving a reason during 14-day period. The 14-day withdrawal period begins: 1) for the contract when the entrepreneur gives the good and is obliged to transfer of ownership – from the moment when the consumer or a third party other than the carrier and indicated by the consumer takes the possession of the good, and in the case of contract that:
      1. comprises many goods that are delivered separately, in batches or in parts – from the date when the consumer takes the possession the last good, batch or part.
      2. based on regular delivery of goods for a specified period of time – from the date when the consumer takes the possession the first good.
      3. for other contracts – from date of conclusion of the contract.
    2. In order to take advantage of the right of withdrawal, the consumer must inform the seller about the withdrawal from the contract in an unambiguous statement. The Consumer may use The Withdrawal Form  or make any other unambiguous declaration of withdrawal from the contract. The consumer may send the statement via e-mail to info@franzgl.com or sent the statement to the following address: Franz GL, ul. Heweliusza 1/16, 60-281 Poznan, Poland.
    3. To keep the deadline for withdrawing from the contract, it is enough to send a statement on withdrawal from the contract before the deadline for withdrawal.
    4. In case of withdraw from the distance contract the contract shall be deemed as not have been concluded.
    5. The seller is obliged to return all payments received, including the shipping cost immediately to the consumer no later than 14 days from the day the seller has received consumer’s statement withdrawal from the contract.
    6. The seller will return the payments using the same payments method as was used by the consumer unless the consumer agrees to different form of the return of the payment. The consumer does not bear any additional fees in connection with the return of the payment.
    7. If the seller does not propose to collect the goods from consumer himself the seller may withhold the cost reimbursement, until receiving the goods or until the proof of its return is provided to the seller, depending on which event occurs first.
    8. If the consumer has chosen the shipping method of goods different than the cheapest method of delivery offered by the seller, the seller is not obliged to return the difference in cost to the consumer.
    9. The consumer is obliged to return immediately the goods to the seller or hand it over immediately to a person authorized by the seller, but no later than 14 days from the day on which the consumer has withdrawn from the contract unless the seller has offered to collect the goods himself.
    10. The Consumer is responsible for the loss of value of the goods as a result of using it in a different way than it was necessary to determine the nature, characteristics and functioning of the Goods.
  10. Provisions regarding enterprenuers
    1. In this section of the terms and conditions provisions are only made for customers not being consumers.
    2. The seller has the right to withdraw from the sales contract concluded with the non-consumer customer within 14 business days from the date of its conclusion. Withdrawal from the sales contract in this case may take place without giving reason and does not give rise to any claims on the part of the non-consumer customer in relation to the seller.
    3. In the case of non-consumer customers the seller has the right to limit the provided payment methods, it may also require the customer prepay all or part of the sale price regardless of the payment method chosen by the customer and the fact of concluding the sale agreement.
    4. Upon the release of the product by the seller, the benefits and burdens associated with the product and the risk of accidental loss or damage to the product are transferred to a non-consumer customer. In such a case the seller shall not be liable for any loss, decrease in value or damage to the product that has arisen from the acceptance of the product to transport until it is delivered to the customer and for the delay in transporting the shipment.
    5. In the case of sending the product to the customer via the carrier, the non-consumer customer is obliged to inspect the parcel in time and in the manner accepted for such consignments. If the customer determines that during the transport there was a loss or damage to the product, the customer is obliged to perform all actions necessary to determine the liability of the carrier.
    6. All disputes arising between the seller and a non-consumer customer shall be subject to a court having jurisdiction over the sellers headquarters in Poland.
  11. Personal Data Protection
    1. Personal data collected via the e-store is processed in accordance with applicable law.
    2. The data controller of the personal data of the customers / clients collected via the e-storewww.franzgl.com is the seller / service provider.
    3. Personal data collected via the e-store - first name, last name, contact details, email - are data that are necessary for the implementation of the contract of sale and provision of the electronic service.
    4. Data collected via the e-store is data voluntarily provided by the customers / service recipients.
    5. Customers / service recipients have access to their data. They may modify or deleted their data by sending, for example an appropriate message to the email address info@franzgl.com or in writing to the address of ul. Heweliusza 1/16, 60-281 Poznan, Poland.
  12. Final Provisions
    1. In matters not covered by these regulations, the relevant applicable legal provisions shall apply.
    2. Contracts concluded via the online store are in accordance with the Polish law.
    3. Any disputes between the customer being a consumer and the store will be subject to the decision of the competent court of law in accordance with the Polish Code of Civil Procedure of November 17th, 1964 (Journal of Laws No. 43, item 296, as amended).
    4. A customer who is a consumer has the right to settle a dispute through a mediation procedure before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection.
    5. A customer who is a consumer has the right to out-of-court resolution of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services. For this purpose the customer may lodge a complaint via the EU online platform available at http://ec.europa.eu/consumers/odr
    6. The service provider reserves the right to change the terms and conditions and the amendments to the terms and conditions and their scope will be notified to the registered customers / service recipients by email (to the email provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced in order to adjust the regulations to the applicable legal status. Ordered placed before the effective date of amendments to these terms and conditions are implemented on the basis of the entries in force on the date of placing the order.