Introduction 

  1. Foranto, online shop accessed at www.foranto.eu is operated by FORANTO Sp. z o.o. company, registered in the Central Registration and Information on Business (CEIDG) kept by the Minister of Economy, under the numbers: KRS: 000094, NIP: 7272855765
  2. Hereby Terms & Conditions are addressed to Consumers as well as Entrepreneurs and specify the terms and conditions of using the online Shop and the terms for concluding Contracts of Sale with a Customer via the online Shop. 

§ 2

Definitions

  1. Consumer – a natural person conducting a legal transaction not directly related to their business or professional activity. 
  2. Vendor – a natural person conducting business under the name of FORANTO Sp. z o.o., registered in the Central Registration and Information on Business (CEIDG) kept by the Minister of Economy, under the numbers: KRS: 000094, NIP: 7272855765
  3. Customer – any entity making a purchase via the Shop.
  4. Entrepreneur – a natural person, legal entity, or organisational entity without corporate status, having legal capacity pursuant to an act of law, conducting business activity or professional activity on their own behalf, which uses the services of the Shop.
  5. Shop – online shop run by the Vendor under the address www.foranto.eu
  6. Distance Contract – a contract concluded with a Customer within an organised system of distance contracts (within the Shop), without simultaneous physical presence of the parties, with the sole use of one or more means of remote communication until the moment the contract is concluded.
  7. Terms & Conditions – the hereby Terms & Conditions of the Shop.
  8. Order – a declaration of will made by the Customer via the Order Form which aims directly at concluding a Sales Contract of a Product or Products with the Vendor.
  9. Order Form – an interactive form available in the Shop which makes it possible to place an Order, particularly by adding Products to Cart and defining the conditions of the Sales Contract, including the type of delivery and payment.
  10. Cart – an element of the Shop’s software where the Products selected by the Customer for purchase can be found, with the possibility to modify the data of the Order such as the number of items.
  11. Product – a movable item offered in the Shop which is subject of the Sales Contract between the Customer and the Vendor.
  12. Sales Contract – a contract of sale of a Product concluded between the Customer and the Vendor via the online Shop. A Sales Contract includes – appropriately to the Product’s features – a service agreement and a task-specific contract.

§ 3

Contact with the Shop

  1. Vendor’s Address: Ul. Wólczańska 19/7, 90-731 Łódź, Poland
  2. Vendor’s e-mail Address: contact@foranto.eu
  3. Vendor’s Telephone Number: +48 660 406 550
  4. Vendor’s Bank Account Number: 13 1140 2004 0000 3102 8212 8945
  5. Customer may contact the Vendor using the addresses and telephone numbers stated in the present paragraph.
  6. Customer may call the Vendor between 10 a.m. and 5 p.m.

§ 4

Technical Requirements

In order to use the Shop i.e. browse through the Shop’s offer and place Orders, it is necessary to have:

  1. A final device with access to Internet and an Internet browser,
  2. An active e-mail account,
  3. Cookies files service accepted,
  4. FlashPlayer installed.

§ 5

General Information

  1. Vendor is not responsible, in the widest scope allowed by the law, for disruptions including interruptions in the Shop’s functioning caused by the force majeure, unlawful acts by third parties, or lack of compatibility of the online Shop with the Customer’s technical infrastructure. 
  2. In order to look through the Shop’s offer you do not need to register an Account. In order to place orders for items available at the online Shop, the Customer must give necessary personal data and address to make it possible for the Shop to fulfil the order without registering an Account. 
  3. Prices are shown in Polish Zlotys (PLN) and are gross prices (with VAT).
  4. The final price to pay by the Customer includes the price of the Product together with the delivery charge (i.e. cost of transport, delivery, and postal services). The Customer is informed of the final price on the Shop’s website when placing an Order and the moment the Customer decides to be bound by the Sales Contract.
  5. In case of a Contract that covers subscription or a service without definite term, the final price includes the total price which covers all payments for the settlement period.
  6. If the characteristics of an item do not allow for reasonable calculation of the final price, the information about the method of calculating the price, as well as the cost of transport, postal services and other costs, will be shown in the Shop in the Product’s description.
  7. In the event that a refund is necessary for a transaction made by the customer with a payment card, the seller will make the refund to the bank account associated with the customer’s payment card
  8. The administrator of personal data provided by the Buyer while using the Shop is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as the recipients of the data – can be found in the Privacy Policy available at the Shop – due to the principle of transparency, contained in the General Regulation of the European Parliament and the Council (EU) on data protection – “RODO”.
  9. The purpose of processing Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Shop, is to fulfill orders. The basis for processing personal data in this case is: sales contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) of the RODO), legal obligation on the Seller related to accounting (Article 6(1)(c)) and the Seller’s legitimate interest consisting in processing data in order to establish, assert or defend possible claims (Article 6(1)(f) of the RODO).

§ 6

Placing an Order

In order to place an Order, you must: 

  1. choose a Product you want to order and click on the “Add to Cart” button (or its equivalent),
  2. fill in the Order Form by entering the receiver’s personal data and the delivery address, choose the delivery service type (method of delivering the Product), enter the data for an invoice, if it is different than the data of the Receiver of the Order,
  3. click on “Order and Pay”,
  4. choose one of the available methods of payment and depending on the method, pay for the order within the deadline, subject to § 7 clause 2.
  5. The order processing time is counted from the moment of obtaining a positive authorization of payment.
  6. Please be informed that all orders shipped outside of the European Union may be subject to customs duties and taxes. These are not included in our product prices or shipping costs and are solely the responsibility of the customer.

§ 7

Offered Methods of Delivery and Payment 

  1. Customer may use the following methods of delivery of the ordered Product:
  2. Courier service, 
  3. Collection in person at: 19 Wólczańska St., 90-731 Łódź, Poland
  4. Customer may use the following payment methods:
  5. Cash on delivery payment,
  6. Electronic payments (BLIK, Pay by link, Fast money transfers)
  7. Card payment including:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  8. Entity offering the payment method is Stripe.
  9. The entity providing online payment services for card payments is Blue Media S.A.
  10. Payment methods available:
    1. Credit cards:
    2. * Visa
    3. * Visa Electron
    4. * Mastercard
    5. * MasterCard Electronic
    6. * Maestro
  11. Detailed information on the delivery method and acceptable payment methods are available on the Shop’s website.

§ 8

Sales Contract Performance

  1. The sales Contract between a Customer and the Vendor is concluded after the Customer places an Order via the order Form in the Internet Shop in accordance with clause § 6 of the hereby Terms & Conditions.
  2. After an Order is placed, the Vendor confirms it immediately after receiving and simultaneously accepts the Order for realization. Confirmation of receiving the Order and accepting it for realization is sent by the Vendor in the form of an e-mail to the Customer’s address given while placing the Order. The e-mail contains at least a statement from the Vendor about receiving the Order and accepting it for realization, together with the confirmation of concluding a Sales Contract between the Customer and the Vendor.
  3. In case the Customer chooses:
    • Electronic payments or a payment card, the Customer is obliged to pay for the goods no later than 2 (two) calendar days since the day the Sales Contract was concluded – otherwise the Order will be cancelled.
    • Cash on delivery, the Customer is obliged to pay on the delivery no later than 7 (seven) days since the day she/he received the information that the parcel is ready.
  4. If the Customer chooses a different type of delivery than personal collection, the Product will be sent by the Vendor within the period of time indicated in its description (subject to clause 5 of this paragraph), using the method chosen by the Customer while placing the Order. 
  5. In case the Customer orders Products with various delivery dates, she/he can demand that the Products be delivered in parts or all Products together, after the whole Order is complete.
  6. The beginning of the course of delivery is calculated in the following way:
    • In case the Customer chooses electronic payments – since the day of crediting the bank account of the Vendor.
    • In case the Customer chooses to pay with a payment card – since the day the positive authorisation is granted.
  7. In case the Customer chooses personal collection of the Product, the Product will be ready for collection within a period of time indicated in the Product description. Additionally, the Customer will be informed about the Product being ready for collection via an e-mail sent to the Customer’s address given while placing the Order.
  8. In case the Customer orders Products with various readiness dates, she/he can collect the Products in parts (in accordance with their readiness for collection) or collect all the Products together, after the whole Order is complete.
  9. The beginning of the course of readiness for collection is calculated in the following way:
    • In case the Customer chooses e-payments – since the day of crediting the bank account of the Vendor.
    • In case the Customer chooses to pay with a payment card – since the day the positive authorisation is granted.
    • In case the Customer chooses cash on delivery – since the day the Sales Contract was concluded.
  10. The delivery of the Product covers Europe.
  11. The delivery of the Product is not free unless the Sales Contract states differently. The costs of delivery of the Product (including transport, delivery and postal services) are indicated for the Customer on the Shop’s websites in the section titled “Delivery Costs” and during the process of placing an Order, including the moment the Customer expresses her/his will to conclude a Sales Contract. 
  12. Personal collection of the Product by the Customer is free. 

§ 9

Right of withdrawal from the Contract

  1. Consumer has the right to withdraw from the Sales Contract without giving a reason.
  2. The course of the deadline specified in paragraph 1 starts when the Product is delivered to the Consumer or another person indicated by the Consumer, other than the carrier.
  3. In case of a Contract that concerns many Products, which are delivered separately, in parts – the deadline indicated in paragraph 1 starts the moment the last Product or part is delivered.
  4. Consumer can withdraw from the Contract by making a declaration of withdrawal from the Contract. In order to meet the deadline for withdrawal from the Contract, the Consumer must send a declaration before the lapse of the time limit.
  5. The declaration can be sent via traditional mail or by an e-mail to the Vendor’s address – contact data of the Vendor is specified in § 3. The declaration can also be made in a form for which a model can be found in an appendix for the Act of 30th May 2014 on consumer rights, however, it is not compulsory.
  6. In case the Consumer sends a declaration via e-mail, the Vendor immediately sends the Consumer the confirmation of receiving the declaration of withdrawal from the Contract, to the e-mail address given by the Consumer.
  7. Effects of withdrawal from Contract:
    • In case of withdrawal from a Distance Contract, the Contract is considered null and void.
    • In case of withdrawal from the Contract, the Vendor refunds payments made by the Consumer (including delivery costs, excluding additional costs which stem from the delivery method chosen by the Consumer other than the usual, cheaper delivery offered by the Vendor and payment fees), immediately, no later than within 14 days since the day of receiving the Consumer’s declaration of withdrawal from the Contract.
    • The Vendor will refund the payment using the same method of payment that was chosen by the Consumer in the initial transaction unless the Consumer clearly agreed to a different solution, which is not connected with any additional costs.
    • In case there is a necessity to refund a transaction made with a payment card by the Customer, the Vendor will transfer the money to the bank account assigned to the payment card.
    • Return of additional payment fees (Paypal fee, Credit Card fee, etc.) by default is not covered by the Vendor.
    • The vendor is also not responsible for differences in the currency exchange rate between the moment of your purchase and return.
    • The Vendor can abstain from refunding the Customer until the Product is returned or until proof of sending the Product back is delivered, depending on which is first.
    • The Consumer should send the Product back to the address of the Vendor given in the hereby Terms & Conditions immediately, but not later than 14 days since the day she/he informed the Vendor about withdrawal from the Contract. The deadline will be met if the Consumer sends the Product back within 14 days.
    • The Consumer will cover the direct costs of returning the Product, together with the costs of returning the Product, if the Product cannot be sent back in a normal course by mail due to its character.
    • The Consumer is responsible only for decreasing the value of the Product which stems from the fact that it was used in a different way than it is necessary to determine the Product’s character, features, and functioning. 
  8. In case if due to the Product’s character it cannot be send back in a normal course by mail, such information together with the costs connected with returning the Product will be included in the Product description in the Shop.
  9. The Consumer is not entitled to the right of withdrawal from a distance contract as regards to a Contract:
    • where subject matter of the contract is a non-prefabricated item, produced in accordance with the specification of the Consumer, or one which is used to satisfy the Consumer’s personalized needs,
    • where subject of the contract is an item delivered in a sealed packaging and which cannot be returned after opening due to health protection or hygienic reasons, if the packaging was opened after delivery,
    • where subject matter of the contract is a perishable item or an item with a short expiry date,
    • on provision of services, if the Vendor performed full services with clear agreement on the part of the Consumer, who had been informed before commencement of the services that after the services are realized by the Vendor, the Consumer will lose the right of withdrawal from the Contract,
    • where the price or renumeration depends on fluctuations on the financial market, over which the Vendor has no control and which cannot appear before the lapse of the time limit on the withdrawal from the Contract,
    • where the subject matter of the contract are items which, due to their character, after delivery are inseparably connected with other items,
    • where the subject matter of the contract are alcoholic beverages with a price agreed when concluding the sales contract, and which can be delivered only after 30 days and their value depends on fluctuations on the market over which the Vendor has no control,
    • where the subject matter of the contract are audio or visual recordings, or computer software delivered in a sealed packaging, if the packing was opened after delivery,
    • on delivering journals, periodicals, or magazines, with the exception of subscription agreement,
    • on delivering digital data which is not saved on a material carrier, if the realization of the services commenced upon clear consent on the part of the Consumer before the lapse of time limit on the withdrawal from the Contract, and after the Consumer was informed by the Vendor about the loss of the right to withdrawal from the Contract.

§ 10

Complaint and Warranty

  1. Sales Contract covers new and used Products. On the Shop’s website there are detailed descriptions of the state of each used Product.
  2. Vendor is obliged to deliver items which are free and clear of any defects to the Customer.
  3. In case the purchased goods are faulty, the Customer has the right to complain on the basis of regulations concerning warranty in the civil code. 
  4. Complaint must be reported in a written form or via e-mail to the Vendor’s addresses stated in the hereby Terms & Conditions. 
  5. It is recommended, that the complaint contain a concise description of the fault, the circumstances and the date when the fault appeared, the data of the Customer filing the complaint, and the Customer’s demands regarding the faulty goods. 
  6. Vendor will consider the complaint immediately, and if the Customer is a Consumer – not later than within 14 days. If the Customer is a Consumer, and the Vendor does not take a stance in terms of the complaint within 14 days, the complaint is regarded as reasoned. 
  7. Goods sent back in connection with complaints must be sent to the addresses stated in § 3 of the hereby Terms & Conditions.
  8. In case if the Product is covered with a warranty, the information about it, as well as the text of the warranty, will be included in the Product description in the Shop.

§ 11

Out of court ways of considering complaints and pursuing claims

  1. Detailed information concerning the possibility for the Consumer to use out of court ways of considering complaints and pursuing claims, together with the rules of access to these procedures, are available in the offices and on websites of poviat (city) consumer rights advisers, social organizations which have protection of consumer rights among their statutory operations, Regional Inspectorates of Trade Inspection and under the following Internet addresses of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.
  2. Consumer” class=”redactor-autoparser-object”>http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz #####rep… has the following examples of possibilities to use out of court ways of considering complaints and pursuing claims:
    • Consumer has the right to apply to a permanent conciliation consumer court as defined in article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, no 148 with later amendments), with an application for resolving a dispute which stems from concluding a Sales Contract with the Vendor.
    • Consumer has the right to apply to the regional inspector of the Trade Inspection, in compliance with article 36 of the Act  of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, no 148 with later amendments), with an application to institute mediation proceedings in the matter of amicable resolution of a dispute between the Consumer and the Vendor.
    • Consumer can obtain help in the matter of resolving a dispute between him/her and the Vendor free of charge using the services of a poviat (city) consumer rights adviser or a social organization, which has protection of consumer rights among their statutory operations (for ex. Consumer Federation, Association of Polish Consumers).

§ 12

Personal data in the Internet Shop

  1. Personal data is processed solely in accordance with the requirements in force concerning personal data protection, in particular with the General Data Protection Regulation (RODO).
  2. The Vendor is the Administrator of the Customers’ personal data collected via the Shop.
  3. Personal data of the Customers is collected by the administrator via the internet Shop in order to realize the Sales Contract and, if the Customer gives his/her consent, also for marketing reasons.
  4. The personal data collected by the Shop can be received by:
    • In case of a Customer who uses postal or courier shipment in the Shop, the Administrator provides the collected personal data of the Customer to the chosen carrier or agent, that deals with shipment at the request of the Administrator.
    • In case of a Customer who uses electronic payments or a payment card in the Shop, the Administrator provides the collected personal data of the Customer to the chosen subject servicing payments in the internet Shop.
  5. Customer has the right to have access to his/her personal data and to edit it.
  6. Giving your personal data is voluntary; however, not giving the personal data specified in the hereby Terms & Conditions necessary to conclude the Sales Contract results in the lack of the possibility to conclude the contract. 

§ 13

Final provisions

  1. Contracts concluded by the Shop are in Polish.
  2. The Vendor reserves the right to change the Terms & Conditions for important reasons, such as: changes in the law, changes in the methods of payments and deliveries – within the scope in which those changes impact the realization of the provisions of the hereby Terms & Conditions. The Customer will be informed about any changes at least 7 days in advance.
  3. In cases not regulated by the hereby Terms & Conditions, generally applicable legal provisions of the Polish law are binding, in particular: Civil Code, act on rendering electronic services, act on consumer rights, and act on personal data protection. 
  4. The Customer has the right to use out of court ways of considering complaints and pursuing claims. To do that, he/she must file a complaint via the European platform of ODR at: http://ec.europa.eu/consumers/odr/.