Blizne Laszczynskiego (Poland), 01.05.2023

Terms and Conditions of the online shop www.garden-fireplace.com

  • § 1. General provisions

    • 1. The online shop available at the Internet address www.garden-fireplace.com, is run by F.P.H. Art. Metal sp. j. with its registered office in Lapino Kartuskie, post code 83-331, at Jabłoniowa 124, registered in the Central Register and Information on Business Activity, TAX ID: PL5891592239, REGON: 191472890, e-mail address: info@garden-fireplace.com, contact phone number: (+48) 538 239 937, delivery address: Sales Office of the company, i.e. Przemyslowa 6 (05-082 Blizne Laszczynskiego), hereinafter referred to as the “Seller” or interchangeably as the “Manufacturer”.

    • 2. These Terms and Conditions are addressed both to Customers who are Consumers and to Customers who are not Consumers using the Online Shop or concluding Sales Agreements (with the exception of provisions addressed exclusively to Customers who are not Consumers).

    • 3. Acceptance of the provisions of the Terms of service is voluntary.

    • 4. Whenever the following terms are used in the further wording of the Terms and Conditions, they are to be understood in the sense given below:

      • a) Price – the amount of gross remuneration (including tax) payable to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Contract, specified in Euros or in another currency. The Price does not include the costs of delivery, unless the terms and conditions applicable to a particular case state otherwise

      • b) Business Day – one day from Monday to Friday excluding public holidays.

      • c) Customer:

        • 1) an individual;

        • 2) legal entity;

        • 3) an organisational unit without legal personality, to which legal capacity is granted by law; having full capacity to perform legal acts.

        • If the Customer is a natural person with limited legal capacity, he or she is obliged to obtain the legally effective consent of his or her statutory representative to conclude a Sales Contract and to present such consent at each request of the Seller, while as a rule Sales Contracts concluded within the framework of the Online Shop have the nature of contracts commonly concluded for minor everyday matters.

      • d) Civil Code – the Polish Civil Code Act of 23 April 1964 (i.e. Journal of Laws 2023, item 326 as amended).

      • e) Consumer – a natural person making a legal transaction with a trader which is not directly connected with his/her economic or professional activity or which does not have a professional character for that person, arising in particular from the subject of his/her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

      • f) Product – a movable item available at the Online Shop which is the subject of a Sales Contract between the Customer and the Seller, against payment of the Price. All Products presented in the Online Shop are free from physical and legal defects and have been legally marketed in the industry.

      • g) Terms and Conditions – this document setting out the principles for the conclusion of Sales Agreements through the Store on behalf of Customers. The Terms and Conditions define the rights and obligations of the Customer and the Seller. As far as services provided electronically are concerned, these Terms and Conditions are the regulations referred to in Article 8 of the Polish Act of 18 July 2002 on provision of electronic services (Journal of Laws of 2020, item 344 as amended

      • h) Online Shop – the platform for placing orders by the Customer operated by the Seller and available at the Internet address: www.garden-fireplace.com.

      • i) Seller – F.P.H. Art. Metal sp. j. with its registered office in Lapino Kartuskie, post code 83-331, at 124 Jabloniowa, registered in the Central Register of Business Activity and Information, TAX ID: PL5891592239, REGON: 191472890, e-mail address: info@garden-fireplace.com, contact telephone number: (+48) 538 239 937 (charge as for a standard call – according to the price list of the relevant operator), address for delivery: Sales Office of the company, i.e. Przemyslowa 6 (05-082 Blizne Laszczynskiego).

      • j) Sales Agreement – an agreement of sale within the meaning of the Polish Civil Code, concerning the sale of a Product by the Seller to the Customer against payment of the Price plus any additional charges, including shipping costs, the terms of which are set out in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller with the use of means of distance communication, after acceptance of the Order by the Seller under the terms and conditions specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs and other essential conditions. It does not constitute the conclusion of a Sales Agreement or an obligation to conclude one merely by adding the Product to the shopping cart on the website.

      • k) Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2021 item 2105 as amended).

      • l) Order – Customer’s declaration of intent expressing a direct wish to conclude a Distance Sales Agreement, placed by means of distance communication, specifying the Product with respect to which the Customer makes an offer to conclude a Sales Agreement and the Customer’s data necessary for the possible conclusion and performance of a Sales Agreement. The order of each Product shall be treated as an independent offer by the Customer to conclude a Sales Agreement. An Order may be assigned a single number. Acceptance of an Order signifies the conclusion of a Sales Agreement.

  • § 2. Obligations of the parties

    • 1. 1. The Seller shall make the following services available to Customers free of charge via the Internet Shop:

      • a) the possibility of placing Orders and concluding Sales Contracts, under the Terms and Conditions specified in these Terms and Conditions;

      • b) presenting marketing content tailored to customers’ interests;

      • c) the ability to browse the Content placed on the Store;

    • 2. The customer is obliged in particular to:

      • a) to provide in the forms made available in the Online Shop only true, current and all necessary data (the correctness of the data is the responsibility of the Customer);

      • b) to update without delay the data, including personal data, provided by the Customer;

      • c) use of the services and functionalities made available by the Seller in a manner compliant with the provisions of applicable law, the provisions of these Terms and Conditions, as well as with the custom and rules of social coexistence in a given scope;

      • d) timely payment of the Price and other costs agreed between the Customer and the Seller in full;

      • e) timely personal collection of Products ordered;

      • f) not to undertake any actions including, in particular, sending or placing in the Online Shop any unsolicited commercial information or placing any content violating the provisions of the law (prohibition of placing illegal content), modifying in an unauthorised manner any content delivered/published by the Seller.

    • 3. Any complaints related to the provision of services may be submitted in writing to the address: Przemyslowa 6 (05-082 Blizne Laszczynskiego) or in electronic form via e-mail to: info@garden-fireplace.com.

    • 4. The Seller responds to the complaint immediately, no later than within 14 working days from the date of its submission. If the time needed to consider the complaint is longer due to circumstances beyond the Seller’s control – the Customer will be immediately informed.

  • § 3. Conclusion of Sales Agreement

    • 1. The Seller makes it possible to place orders for Products via the Online Shop.

    • 2. As part of the development of the services provided, the Seller may introduce further ways of placing Orders, under the terms and conditions specified in these Terms and Conditions.

    • 3. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order.

    • 4. The Seller shall enable the Customer to place an Order via the Online Shop in the following manner and sequence:

      • a) The customer adds the selected product(s) to the shopping cart and then proceeds to the order form.

      • b) The Customer verifies the correctness of the contents of the shopping cart, i.e. the details of the Sales Contract: Product(s), quantity of Product(s). He or she then proceeds to the next step of placing the order.

      • c) The order form requires the Customer to provide the following details concerning the Customer: first and last name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: place and method of delivery of the Product(s), method of payment. In the case of Customers who are not Consumers, it is also necessary to provide so-called company data, and if they have requested a VAT invoice as part of the form, also the TAX ID number.

      • d) The Customer chooses one of the delivery methods provided by the Seller.

      • e) The Customer chooses the method of payment of the Price and any other total costs of the Sales Agreement indicated on the order form.

      • f) The Customer sends an Order (submits an offer) to the Seller using the functionality of the Internet Shop made available for this purpose (button: “Place order and pay”). Placing an order implies acceptance of the terms and conditions of the privacy policy and the website regulations. The personal data provided will be used to process the order, facilitate the use of the website and for other purposes described in the Internet Shop’s Privacy Policy.

      • g) When placing an Order, until the “Order and pay” button is pressed, the Customer has the possibility of correcting the entered data himself/herself by adding or removing an item from the Basket.

      • h) Depending on the payment method chosen, the customer may be redirected to the pages of an external payment service provider to make payment.

    • 5. In response to an Order, the Seller shall immediately send an automatic message to the Customer at the e-mail address provided by the Customer confirming receipt of the Order.

    • 6. Once the Order has been verified, without unreasonable delay, the Seller shall send the Customer an email to the email address provided, stating:

      • a) confirmation of acceptance of one or more individual offers for the Products, made within the scope of the Order and confirmation of the conclusion of the Sales Agreement (acceptance of the Order with respect to the Products indicated in the message); or

      • b) information that it is not possible to accept all bids for Products placed under an Order due to non-payment.

    • 7. The Sales Agreement is concluded upon confirmation of the offer(s).

    • 8. The Seller shall endeavour to ensure that all Products are available. In the event that performance is not possible and in other situations defined by law, the relevant provisions of the Polish Civil Code, including Articles 493-495 of the Civil Code, may apply, in particular concerning the obligation to immediately return the performance (price paid) to the Consumer.

    • 9. The total Order value shall include the Price, the shipping costs and any other costs which may arise at the Customer’s express request. The Customer shall be informed of the total Price including taxes of the Product which is the subject of the Order, as well as of the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of such costs cannot be determined – of the obligation to pay them, during the Order placement process, including at the moment of expressing the Customer’s will to be bound by the Sales Agreement.

    • § 4. Payments

      • 1. The Seller shall make the following payment methods available to the Customer:

        • a) electronic payment by credit or debit card;

        • b) electronic payment via authorised services WooCommerce Payments, in accordance with the information made available in the context of the Online Shop;

        • c) bank transfer to the Seller’s account;

      • 2. The current possible payment methods are specified in the Online Shop under the tab “Payment Method”. The available payment methods may depend on the delivery method or the Product selected by the Customer. The available payment methods may change when several Orders are placed at the same time, in particular with regard to the Products covered by them.

      • 3. Settlement of electronic payment and payment card transactions shall be carried out at the Customer’s choice via authorised services.

      • 4. In the event that the Seller does not receive payment from a Customer who has chosen to pay in advance, i.e. by bank transfer, electronic payment or payment card, the Seller may contact the Customer in order to remind him/her of the payment, including by sending an appropriate e-mail message. Failure to make payment within 7 days of placing an Order will result in the Customer’s offer under the Order not being accepted.

      • 5. The Order will be processed once the payment has been credited.

  • § 5. Delivery of the Product(s)

    • 1. The delivery of the Product(s) is available in the territory of the Republic of Poland and abroad.

    • 2. The delivery of the Product(s) to the Customer is against payment, unless otherwise stated in the Sales Agreement. The currently available method of delivery of the Product is indicated to the Customer under “Payment methods”. The Seller makes available to the Customer the method of delivery of the Product through a shipping and logistics company, i.e. PEKO Spedycja Miedzynarodowa sp. j.

    • 3. The methods of delivery available may depend on the method of payment chosen by the Customer or the Product. The available delivery methods may change when several Orders are placed at the same time, in particular with regard to the Products covered by them.

    • 4. Personal collection of the order is free of charge.

    • 5. The total waiting time for the Customer to receive the Product (delivery time) consists of the time taken by the Seller to prepare the Order for shipping and the time taken by the carrier to deliver the Product.

    • 6. The time taken for the Seller to prepare the Order for dispatch is counted from the day (the start of the delivery period) on which the Seller’s bank account or settlement account is credited – if the Customer chooses to pay by bank transfer, electronic payment or payment card.

    • 7. The delivery time of the Product by the carrier in question, which depends on the form of delivery chosen by the Customer, should be added to the above time.

  • § 6. Product(s) complaint

    • 1. It is recommended to check the contents of the parcel in the presence of an employee of the courier company / carrier at the time of delivery and to draw up a complaint protocol. Checking the contents of the parcel in the presence of an employee of the courier company / carrier is free of charge and is his responsibility.

    • 2. If the delivered parcel is visibly damaged (there are signs of flooding, significant dents, tears in the packaging, etc.) it is recommended to refuse it. In such a case, the parcel will be immediately returned to the Seller for clarification and redelivery of the ordered Product(s).

    • 3. The legal basis and the scope of the Seller’s liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in the provisions of the Polish Civil Code, in particular in article 556 and subsequent articles of the Civil Code.

    • 4. A complaint may be submitted by the Customer in writing to the address: Przemyslowa 6 (05-082 Blizne Laszczynskiego. If the complaint concerns a Product, it is usually advisable to deliver it to the Seller together with the complaint in order to enable the Seller to examine the Product.

    • 5. In the event that a sold Product has a defect, the Customer may:

      • a) make a declaration on reduction of the Price or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. The reduced price shall be in such proportion to the contract price as the value of the Product with the defect remains to the value of the Product without the defect. The Customer may not withdraw from the contract if the defect in the Product is insignificant;

      • b) demand to replace the Product with a defect-free one or to remove the defect. The Seller shall replace the defective Product with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Customer;
        subject to the reservations and conditions set out in the relevant provisions of the Civil Code.

    • 6. The Customer may instead of rectification of defects proposed by the Seller, demand the replacement of the Product with a defect-free one or instead of the replacement of the Product demand the removal of the defect, unless bringing the Product into conformity with the agreement in a way chosen by the Customer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excessive costs, the value of the Product free from defects, type and importance of the defect found shall be taken into account, as well as inconvenience to which the Customer would be exposed by another way of satisfaction.

    • 7. The Customer is advised to state in the description of the complaint:

      • a) information and circumstances relating to the subject of the complaint, in particular the nature and date of the defect;

      • b) request a method to bring the Product into conformity with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement;

      • c) contact details of the complainant – this will facilitate and speed up the handling of the complaint by the Seller. The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

    • 8. The Seller shall respond to the Customer’s complaint immediately, no later than within 14 business days of its receipt. If the Customer has requested replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 Business Days of its receipt, it shall be deemed that the Customer has acknowledged the request as justified.

    • 9. The Seller shall be liable under the warranty if a physical defect is found before the lapse of 24 months from the date of delivery of the Product to the Customer. A claim for rectification of defects or replacement of the Product with a defect-free one year from the date of discovering the defect, however, in the case of an Order placed by a Consumer – the period of limitation shall not end before the lapse of the period referred to in the first sentence.

  • § 7. Guarantee

    • 1. In the case of Products covered by a guarantee, information on the existence and content of the guarantee is presented each time on the website of the Online Shop.

  • § 8. Withdrawal from the Sales Agreement

    • 1. A Customer who is a Consumer who has concluded a Sales Contract may, within 14 days, withdraw from it without stating a reason.

    • 2. The period for withdrawal from the Sales Agreement begins for a Sales Agreement in the performance of which the trader gives the Product – from the taking possession of the Product by the Consumer or a third party indicated by him/her other than the carrier, and in the event that the Sales Agreement includes multiple Products, which are delivered separately, in parts or in parts – from the taking possession of the last Product, batch or part, for other contracts – from the date of their conclusion.

    • 3. A consumer may withdraw from a Sales Agreement by submitting a statement of withdrawal to the Seller. To meet the deadline it is sufficient to send the statement in writing to the address of the Sales Office of the Seller or electronically to the address: info@garden-fireplace.com before its expiry. The Seller shall immediately confirm to the Consumer the receipt of the statement made via the website.

    • 4. In the event of withdrawal from the Sales Agreement, it shall be deemed not to have been concluded.

    • 5. If the Consumer has made a declaration of withdrawal from the Sales Agreement before the Seller has accepted his offer, the offer shall cease to be binding.

    • 6. The Seller shall be obliged to return to the Consumer all payments made by the Consumer, including the cost of Product delivery to the Consumer, immediately, but not later than within 14 days of receipt of the Consumer’s statement of withdrawal from the Sales Agreement. The Seller may withhold the reimbursement of payments made by the Consumer until it has received the Product back or the Consumer has provided proof of Product return, whichever event occurs first.

    • 7. The Consumer is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. It is sufficient to return the Product to the Seller’s address before this deadline.

    • 8. If the Consumer exercising his right of withdrawal has chosen a method of delivery of the Product other than personal delivery, the Seller shall not be obliged to reimburse to the Consumer the additional costs incurred by the Consumer.

    • 9. In the event of withdrawal from the Agreement for Sale, the Customer shall bear the costs of returning the Product(s) to the Seller.

    • 10. The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

    • 11. The Seller shall refund the payment using the same means of payment as the Consumer used, unless the Consumer has expressly agreed to another way of refund that does not incur any costs to the Consumer.

    • 12. The right of withdrawal from the Sales Agreement shall not apply to the Customer who is a Consumer in relation to contracts in which the Product is a non-refabricated item produced to the Consumer’s specifications or intended to meet the Consumer’s individual needs.

    • 13. The Customer, who is a consumer, shall not have the right to withdraw from the Sales Agreement in relation to contracts in which the Product is a perishable item or has a short shelf life.

    • 14. The Customer who is a Consumer shall not have the right to withdraw from the Sales Agreement with regard to agreements in which the Product is an item delivered in sealed packaging which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery.

  • § 9. Protection of personal data

    • 1. The personal data of the Customer(s) is processed by the Seller as the Data Controller.

    • 2. The provision of personal data by the Customer is necessary for the conclusion of the Sales Agreement.

    • 3. All information concerning the processing and protection of personal data is contained in the “Privacy policy” tab available in the Online Shop.

  • § 10. Final provisions

    • 1. These Terms of service shall apply from 01.05.2023.

    • 2. Agreements concluded by the Seller shall be concluded in Polish or English.

    • 3. The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the website of the Online Shop.

    • 4. The content of the Sales Agreement is recorded, secured, made available and confirmed to the Customer by sending the Customer an e-mail confirming the Order and attaching a proof of purchase to the parcel containing the Product. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Internet Shop.

    • 5. The Seller informs that the use of the Internet Shop via a web browser, including placing an Order, as well as establishing a telephone connection, may be connected with the necessity of incurring costs of connection to the Internet (data transmission fee) or costs of telephone connection, in accordance with the tariff package of the service provider used by the Customer.

    • 6. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law and other relevant provisions of generally applicable Polish law.

    • 7. In the event a dispute arises under a concluded Sales Agreement, the parties shall seek to resolve the dispute amicably. The law applicable to the settlement of any disputes arising from these Terms and Conditions shall be the law of Poland.

    • 8. The Seller reserves the right to change the content of these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Terms and Conditions are executed on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer. After the change, the new wording of the Terms and Conditions will be published on the website www.garden-fireplace.com with the new date.