ONLINE STORE REGULATIONS
These regulations (hereinafter referred to as: “Regulations”) define the principles of operation of the online store www.figuratti.eu. Sales in the online store www.figuratti.eu are carried out in accordance with the provisions of the Regulations and the provisions of Polish law. These Regulations are published on the website www.figuratti.eu.
§2 Definitions of expressions used in the Regulations
- “Figuratti” or “Seller” – Figuratti Design sp. z o.o., based in Warsaw, ul. Suflerska 6, Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS: 0000923100, REGON: 52000880300000, NIP: 9522220610;
- “Warehouse ” – warehouse located in Warsaw, ul. Suflerska 6 04-471 Warsaw, where customer orders are completed, as well as handling returns and complaints;
- “Customer ” – a natural person, a legal person or an organizational unit that is not a legal person, to which legal capacity is specifically granted by law, who makes an Order from the Store;
- “Consumer ” – a natural person within the meaning of Art. 221 of the Civil Code, i.e. A customer who places an Order for a purpose not directly related to his/her business or professional activity, as well as a natural person who places an Order directly related to his/her business activity, when it follows from the content of the contract that the above. the activity is not of a professional nature for that person arising in particular from the subject of the business activity performed, made available on the basis of the provisions on the Central Register and Information on Business Activity;
- “Entrepreneur ” – a natural person, a legal person or an organizational unit without legal personality, conducting a business or professional activity on its own behalf, pursuant to Art. 431 of the Civil Code, who places an Order for a purpose related to his business or professional activity;
- “Civil Code ” – the law of April 23, 1964. Civil Code;
- “Store” or “Online Store” – an online store together with an information portal available at figuratti.pl, through which the Customer may, in particular, place Orders;
- “Website ” – the website of the Store available at: figuratti.pl;
- “Goods” (or in the singular number “Goods”) – products presented and sold in the Store; i.e. furniture prepared to the individual order of the Customer, not prefabricated, manufactured according to the specifications of the Customer and serving to meet his individualized needs; or products that are available in the Store and which were prepared without an individual order.
- “Sales Agreement” – an agreement for the sale of Goods within the meaning of the Civil Code, concluded between Figuratti and the Customer, entered into using the Store;
- “Law on Consumer Rights”. – Law of May 30, 2014. On consumer rights;
- “Law on Provision of Electronic Services ” – the law of July 18, 2002. On the provision of electronic services;
- “Law on Personal Data Protection” – Law of May 10, 2018. On data protection;
- “Registration ” – means the factual act performed by the Customer in the manner specified in the Regulations, required for the purchase of Goods by the Customer in the Store;
- “Customer Account” – An account on figuratti.pl created after the Customer has registered;
- “Password” – A password that allows the Customer to log in to the Customer Account;
- “Rhodo ” – Regulation 2016/679 of the European Parliament and of the EU Council of April 27, 2016. on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC.
- “Order ” – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods;
§3 General Provisions
- Figuratti Design sp. z o.o., based in Warsaw, operates an Online Store, available at figuratti.pl, and offers Goods in the Store.
- Through the Figuratti Store, Figuratti offers for sale movable objects in the form of furniture prepared to the individual order of the customer, not prefabricated, manufactured to the customer’s specifications and serving to meet his individualized needs. All offered Goods are brand new. Figuratti may also offer Customers Goods that are available in the Store and that were prepared without an individual order.
- The offer of the Online Store consists of Goods, the configuration of which can be made on the Store’s Website. Each Merchandise after configuration is given a unit price.
- The purpose of running the Store is to enable Customers to get acquainted with the Goods offered by the Seller, including the possibility of their individual configuration, to get acquainted with their prices and availability, and to conclude Sales Agreements.
- All rights to the Online Store, including property copyrights, intellectual property rights to its name, its Internet domain, the Website, as well as to the templates, forms, logos posted on the Website, belong to the Seller, and their use may be made only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
- All designations of the Goods and their names are used for identification purposes, are the property of Figuratti and may be registered trademarks for which protection rights have been granted to the authorized persons.
- The Sales Contract shall be concluded in accordance with Polish law and in the Polish language between the Customer and Figuratti.
- Goods are delivered via courier service or personal pickup at Figuratti’s headquarters.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above. In particular, they should use antivirus and identity protection programs for Internet users. The Seller never asks the Customer to provide the Password in any form.
§4 Rules for using the Store
- Use of the Store and visiting the Store’s Website is voluntary.
- The information contained on the Website does not constitute an offer by the Seller within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a Sales Agreement.
- Conclusion of a Sales Contract for Goods on the Store’s website can be carried out in two ways:
- by first creating an account and registering the Customer on the Store’s website; or
- By making a purchase without prior registration.
- Before concluding the Sales Agreement and before filling out the registration form, the Customer should read the Terms and Conditions.
- If the Customer chooses the option of purchasing Goods by creating an account and registering the Customer on the Store’s website, the Customer should perform registration activities consisting of filling out and accepting the registration form, made available on the Store’s website.
- In particular, the customer is obliged to:
- use of the Store in a manner consistent with the provisions of the laws in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use;
- not to provide or transmit content of an unlawful nature, such as content that promotes violence, defames or violates the personal rights and other rights of third parties;
- Use of the Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices;
- Use of the Store in a manner that is not onerous for other Customers and for the Seller.
§5 Procedure for concluding a Sales Agreement
- In order to conclude a Sales Agreement through the Store, you need to enter the figuratti.pl website, make a selection of furniture, their configuration consisting of, among other things. on the selection of colors, details, material and quantity, taking subsequent technical steps based on the messages displayed to the customer and the information available at www.figuratti.pl.
- A customer placing an order through the Site, completes the order by selecting the Goods in which he is interested. Customer’s choice of ordered Goods is made by adding them to the shopping cart.
- During the process of placing the Order – until pressing the “Proceed to Payment” button – the Customer has the opportunity to modify the entered data and modify the selection of Goods. To do so, follow the messages displayed to the Customer and the information available on the Website.
- A customer placing an order via the Store’s Website, completes the order by selecting the Goods in which he is interested. Adding Goods to an order is done by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating in the “CART” the method of Delivery and form of payment, the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. Each time before an order is shipped to the Seller, the Customer is informed of the total price for the selected Goods and delivery, as well as all additional costs he is obliged to pay in connection with the Sales Agreement.
- The Customer’s sending of the Order constitutes a declaration of intent to conclude with Figuratti Design sp. z o.o. with its registered office in Warsaw of the Sales Agreement of Goods in accordance with the content of the Regulations.
- The Sales Contract is considered to be concluded from the moment the Seller receives the Order placed by the Customer.
- Once the Order has been placed, the Customer receives an email titled “We received your order!” containing a final confirmation of all important elements of the Order.
- The Sales Agreement is concluded in the Polish language, with the content in accordance with the Regulations.
- In the case of goods manufactured on the customer’s individual order, the customer does not have the right to withdraw from the Sales Agreement under the provisions of the Consumer Rights Act. On the card of the individual Goods, as well as when placing the Order, there will be information about the impossibility to withdraw from the Sales Agreement under the provisions of the Law on Consumer Rights.
- In the case of an Order of Goods that are available in the Store and that have been prepared without an individual order, each Customer who is a Consumer has the right to withdraw from the concluded contract of sale of Goods without giving any reason, pursuant to the provisions of the Law on Consumer Rights. The provisions on the Consumer in this paragraph shall apply to an individual who enters into a contract directly related to his or her business activity, when it is clear from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his or her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. For more information on the right to withdraw from the contract, see “Withdrawal from the contract”.
- Prices of the Goods are given in Polish zloty. Prices do not include VAT on goods and services at the rate specified by separate regulations. The price of the Goods does not include the shipping and delivery costs of the Goods to the Customer, which will be added to the sale price of the Goods, unless the Customer chooses to pick up the Goods in person or Figuratti Design sp. Ltd. will provide free delivery. The shipping quote appears in the order summary after entering the customer’s data and detailed delivery location.
- The price listed next to the Goods is binding at the time the Customer places the Order and will not change until the Order is executed.
- The prices of the Goods listed on the Online Store apply only to the Online Store’s offer and are valid only for the online offer.
- Figuratti reserves the right to change prices of the Goods on offer, introduce new goods to the offer of the Store, remove Goods from the offer of the Store, conduct and cancel promotional actions on the Store’s pages or introduce changes to them, including changes to the Regulations. These changes will not apply to Orders placed before their implementation.
- The Store offers the possibility of payment in the following ways:
- przelewem na rachunek bankowy Figuratti prowadzony przez mBank S.A. o numerze:
- 34 1140 2004 0000 3902 8173 5422 for payments in Polish zlotys (PLN);
- 75 1140 2004 0000 3512 1455 7690 for payments in Euro (EUR);
- 31 1140 2004 0000 3112 1455 7708 for payments in Pound Sterling (GBP);
- online payment through the Przelewy 24 service;
- online payment via Blue Media S.A. service;
- Online payment through the UAB ZEN.COM service;
- payment by credit cards:
- Visa Visa;
- MasterCard Electronic;
- przelewem na rachunek bankowy Figuratti prowadzony przez mBank S.A. o numerze:
When using the above-mentioned payment methods, the Customer does not bear any additional costs, except for costs imposed by entrepreneurs through which the payment is made, in particular banks.
- The moment of payment is considered to be:
- in the case of payment by bank transfer – the moment the funds are credited to the Seller’s bank account;
- in the case of online payment through the Przelewy 24 service – a positive result of payment authorization in the case of online payment through the Przelewy 24 service;
- In the case of online payment through Blue Media S.A. service. – a positive payment authorization result in the case of online payment via Blue Media service;
- in the case of online payment via UAB ZEN.COM – a positive payment authorization result in the case of online payment via Zen;
- The seller shall refund the payment using the same method of payment used by the customer, unless the customer has expressly agreed to a different method of refund that does not incur any costs for the customer.
§7 Order fulfillment
- The expected delivery date of the order is calculated in business days from the time of payment posting.
- The order will be fulfilled after the execution of the Goods prepared on the basis of the configuration made by the Seller. The Goods are created according to the Customer’s individual order, therefore, the delivery date of the Order depends on the time needed to produce the Goods according to the Customer’s instructions and will be specified on the card of the individual Goods.
- Each completed Order is documented by Figuratti with a corresponding accounting document. The customer, when making a purchase, receives a VAT Invoice.
- The VAT invoice is issued after the Customer has paid the entire amount due for the execution of the Order.
- Delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order.
- Dostawa zamówionych Towarów odbywa się w wybrany przez Klienta sposób:
- via courier service to the address indicated in the Order (delivery to the first obstacle encountered);
- via a transportation company cooperating with Figuratti;
- Customer’s personal pickup from the Figuratti pickup point.
- Delivery costs depend on the type and weight of the Goods and the place of delivery and will be indicated at the time of placing the Order.
- Delivery costs for delivery via a transport company include bringing the Goods to the first floor of the building.
- The delivery period is listed on the card of each Goods with the realization and varies depending on the type of Goods and their weight.
- Figuratti shall not be liable for damages caused by irregularities (including mistakes) made by the Ordering Party in the Order form, as a result of which the shipment did not reach the addressee, as well as for unjustified refusal to receive the shipment. In particular, Figuratti shall not be liable for non-delivery of the Goods if the address data provided by the Customer is incorrect or incomplete. Re-shipment of the ordered Goods after receipt by the Seller of the returned shipment is possible after re-payment for shipping and covering the costs associated with the delivery of the return. The same applies if the customer does not receive the shipment on time and it is sent back.
§9 Receipt of the Order
- Receipt of the Order by the Customer must be confirmed in writing on the delivery document.
- Written acknowledgment of receipt of the Goods and their delivery shall transfer to the Customer the ownership of the Goods and all risks of possession and use, in particular the risk of loss or damage to the Goods.
- During receipt of the Order, the Entrepreneur is obliged to inspect the delivery for quantitative compliance with the Order and to check whether the Goods have any mechanical damage incurred during transport, under pain of losing his rights under the warranty for physical defects of the goods, unless the defect was of such a type that it was not possible to detect it at that time. The entrepreneur is obliged to make a qualitative and quantitative inspection in the presence of the person delivering the Order.
- Figuratti is both the Seller and the Manufacturer of the Goods. Figuratti shall be liable to Customers under warranty for physical defects of the purchased Goods under the terms of Art. 556 – 576 of the Civil Code and as the manufacturer is liable under the warranty of the sold Goods under the conditions and for the period indicated in the warranty card.
- Figuratti for the duration of warranty repair is not obliged to provide a replacement bed to the customer.
- The course of the complaint process depends on the customer’s choice of the legal basis for the claims asserted: manufacturer’s warranty or seller’s warranty for defects.
- The Customer’s election of a manufacturer’s warranty will result in Figuratti’s processing and fulfillment of the claim within the timeframe and under the terms of the Warranty Card included by Figuratti with the Goods.
- Figuratti shall be liable for non-performance or improper performance of the Sales Contract, but in the case of contracts concluded with Customers who are Entrepreneurs, Figuratti shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
- Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be addressed to the following email address: firstname.lastname@example.org. Figuratti Design sp. z o.o. undertakes to process any complaint under the warranty of sold items within a reasonable period of time, however, in the case of processing a complaint submitted by a Customer who is a consumer, this period may not exceed 14 days. Response to the complaint (both acknowledging and not acknowledging the complaint) Figuratti Design sp. z o.o. shall transmit to the Client in writing or electronically.
- If the legitimacy of the complaint is not recognized, the customer will be notified of the Seller’s position within the timeframe indicated in section 5 above with the reasons for the decision. Failure to provide information within 14 days to the customer who is a consumer, means recognition of the complaint and its implementation.
- In the event of a quantitative or qualitative complaint, it is recommended to immediately write a damage report in the presence of the person delivering the Order.
§11 Complaints related to the provision of electronic services
- Figuratti undertakes actions to ensure fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Customers
- The customer is obliged to immediately notify Figuratti of any irregularities or interruptions in the functioning of the Store’s service.
- Irregularities related to the functioning of the Shop should be reported by the Customer via e-mail to Figuratti: email@example.com
- In the complaint, the customer should provide his name, mailing address, type and date of occurrence of irregularities related to the operation of the Store.
- Figuratti undertakes to consider each complaint within 14 days, and if this is not possible, to inform the customer within this period when the complaint will be considered.
§12 Protection of personal data
- The administrator of Customers’ personal data processed in the Store in connection with the implementation of the provisions of these Regulations and provided to the Seller voluntarily as part of the Registration, submission of a one-time order and as part of the provision of electronic services by the Seller or under other circumstances specified in the Regulations is the Seller.
- Figuratti processes Customers’ personal data for the purpose of processing orders, providing electronic services by the Seller and other purposes specified in the Regulations. Personal data collected by the Seller shall be processed only on the basis of applicable laws or the consent given by the Customer in accordance with applicable laws.
- Use of the Store, including making purchases, is voluntary. The Customer provides his/her personal data to the Vendor voluntarily, with the proviso, however, that failure to provide, certain data during the Registration process prevents Registration and prevents the placement and execution of the Customer’s Order, in the case of placing an order without Registration.
- Anyone who provides the Vendor with their personal data has the right to access the content of their personal data and the right to rectification, deletion (the right to be forgotten), restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.
- The Vendor provides the possibility to delete personal data from the maintained collection, in particular in case of deletion of the Customer Account. The vendor may refuse to delete personal data if the customer has not paid all amounts due to the vendor or has violated applicable laws, and the preservation of personal data is necessary to clarify these circumstances and determine the responsibility of the customer.
- The vendor protects the personal data provided to it and makes every effort to protect it from unauthorized access or use by unauthorized persons.
- The Seller transfers the Customer’s personal data to the Supplier to the extent necessary for the Delivery.
- Any correspondence in matters related to the processing of personal data by the Seller, the Customer should address to: firstname.lastname@example.org with the note “Personal Data”.
§13 Technical conditions
- In order to use the services provided under these Regulations, the Customer should have:
- web browser:
- Chrome in the latest version and 4 versions backwards;
- Mozilla Firefox in the latest version and 4 versions backwards;
- Opera in the latest version and 4 versions back;
- Safari in the latest version and 4 versions back;
- active e-mail address;
- Active connection to the Internet.
- In order to maintain security while using the site, the customer agrees to use the site and the Internet in a secure manner:
- Connecting to the Internet through a trusted connection;
- Avoiding the use of publicly accessible devices and unsecured networks;
- use of software from trusted sources;
- Use of up-to-date software versions;
- The use of anti-virus software.
§14 Final provisions
- Customers may access these Terms and Conditions at any time through the link provided on the home page of www.figuratti.pl.
- The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the figuratti.co.uk website.
- The Seller may change the Terms and Conditions. The amendment to the Terms and Conditions shall become effective on the relevant date indicated by the Seller counted from the date the new version of the Terms and Conditions is made available, with the proviso that Sales Agreements concluded prior to the effective date of the amendments shall be conducted on the existing terms and conditions. If any provision of the Regulations is declared invalid by a final court decision, the remaining provisions shall remain in force.
- These Regulations and any disputes or complaints arising in connection with the Store’s operations or related to it (including court cases) will be resolved and interpreted in accordance with Polish law.
- Settlement of any disputes arising between Figuratti and the Customer shall be submitted to the courts having jurisdiction in the Śródmieście District of the City of Warsaw. Warsaw.