Regulation – this Regulation defining the general terms and conditions of the sale of Goods and the subject of the sale, as well as the rules for the provision of services by electronic means by the company under the name OTCF S.A. with its head office located in Wieliczka (ul. Grottgera 30, 32-020 Wieliczka) via the http://4fstore.com/ website and via the Shop at https://4fstore.com/, referred to in the art. 8 par.1 item 1 of the Act on Providing Services by Electronic Means of 18th of July 2002 (consolidated text Dz. U. of 2013, item 1422.).
Shop – 4F online shop available via http://4fstore.com/ and run by the company under the name OTCF S.A. with its head office located in Wieliczka (ul. Grottgera 30, 32-020 Wieliczka), registered by the District Court for Kraków – Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the KRS number [National Court Register number]: 0000555276, NIP [tax ID number]: 9451978451, REGON [Statistical Number], the amount of the share capital PLN 7,384 500.00, email address [email protected], phone number 801 007 457 or 12 384 80 45, fax number 12 384 80 46.
Seller – the company under the name OTCF S.A. with its head office located in Wieliczka (ul. Grottgera 30, 32-020 Wieliczka), registered by the District Court for Kraków – Śródmieście in Kraków, 12th Commercial Division of the National Court Register under the KRS number [National Court Register number]: 0000555276, NIP [tax ID number]: 9451978451, REGON [Statistical Number], the amount of the share capital PLN 7,384 500.00, running an online shop via http://4fstore.com/.
Client – a natural person who performs with an entrepreneur a legal act not connected directly with his/her business or professional activity, a legal person or an organisational unit without legal personality that has concluded a sales contract with the Seller.
Client’s account (User’s account) – all data provided by the Client during account registration that is used, among others, for completion of placed orders, tracking the history of placed orders, tracking the history of lodged complaints or withdrawals from the contract.
Consumer Goods (Goods) – a movable item presented in the shop constituting the subject of the sales contract between the Client and the Seller.
Period of placed order performance – a period during which the Seller prepares ordered Goods for shipping, together with the time of their delivery.
Working days – all working days of the week from Monday to Friday, excluding public holidays.
Complaint – a procedure followed in the event of occurrence of a physical or legal defect of Goods.
Warranty – a procedure (legal basis) undertaken in order to claim responsibility from the Seller following a disclosure of a physical defect (non-compliance with the contract) or a legal defect of Goods.
Contractual service – service defined in the contract to which performance each of the contract parties is obliged, i.e. the Seller is obliged to sell the Goods, whereas the Client is obliged to pay the amount defined in the contract for the service, the sale of Goods by the Seller.
Durable medium – a material (paper, a CD/DVD, a memory stick, a memory card, a hard disc) or an instrument (an email, a SMS text) that allows the Client or the Seller to store information in a manner enabling access to it in the future during the time suitable for the purposes for which it serves.
Major defect – a premise that allows the Client to submit the request to withdraw from the contract as part of the Complaint under the Warranty.
Distance contract – a contract concluded under the simultaneous absence of the parties, as part of the organised system of distance contract conclusion with the sole use of at least one means of distance communication – a purchase in the Shop.
Physical defect of the Goods – a non-compliance of the Goods with the sales contract, if the Goods:
a) do not have the properties which the Goods of such kind should have, in terms of the aim in the sales contract marked or arising out of the circumstances or the purpose;
b) do not have properties about which existence the Client was assured by the Seller, along with the presentation of a sample or pattern;
c) are not suitable for the purpose about which the Client informed during the conclusion of the sales contract, and to which the Seller did not raise an objection;
d) have been delivered to the Client in an incomplete state.
A defect or damage of the Goods about which the Client had been informed before their purchase is not a Physical defect.
Legal defect of the Goods – a non-compliance of the Goods with the sales contract, if the Goods:
a) constitute a property of a third party;
b) are encumbered with the rights of a third party;
c) a limitation in the use of the Goods or in its disposal arises out of the decision or ruling of the competent authority.
Services – activity conducted by the Seller which covers:
a) Sales service – an electronic sale of Consumer goods, i.e. via the Shop,
b) Newsletter service – a free distribution of Newsletter to the Clients.
Newsletter – a bulletin published and sent to the Clients by the Seller in the electronic form containing, among others, information regarding the Online Shop offer and promotions for the Consumer goods available in the Online Shop.
Kodeks cywilny [Polish Civil Code]– the Act of 23rd of April 1964 (Dz.U. 1964 no 16 item 93.).
Act on Consumer Rights – the act of 30th of May 2014 (Dz. U. 2014 item 827.).
Act on Providing Services by Electronic Means – the act of 18th of July 2002 (Dz. U. 2002 no 144 item 1204.)
TABLE OF CONTENTS:
I. Subject o the Seller’s service (Contractual service).
II. Methods of communication with the Client.
IV. Methods of placing an order.
V. Forms and time limit of payment.
VI. Completion of placed orders.
VII. Delivery costs.
VIII. Right to withdraw from the contract and its consequences.
IX. Complaints regarding the Goods.
X. Technical requirements necessary to work compatibly with information and communication system used by the Seller.
XI. Newsletter service.
XII. Complaints regarding electronic services.
XII. Protection of personal data.
XV. Final provisions.
I. Subject o the Seller’s service (Contractual service)
The Seller offers Clients on the Shop’s website women’s, men’s and children’s sportswear as well as shoe wear, clothing accessories (bandannas, hats, ear muffs, gloves, socks, scarves,) bags and accessories (skiing, cycling, tourist accessories, repellents for care and protection of sportswear, wallets and lip balms.) The Client is obliged to pay the price of the Goods and of the delivery of the Goods which he/she ordered on the Shop’s website.
The Seller undertakes to deliver to the Clients the Goods without Physical and Legal defects.
II. Methods of communication with the Client
The Seller provides information to the Client under the phone number +48 12 384 80 45 or 801 007 457 regarding the concluded sales contract. The fee for a single call is charged in accordance with the tariff of the Client’s Operator.
The Seller contacts the Client by email or by calling on the phone number provided by the Client if there is a need to clarify the details regarding the order placed by the Client.
1. The prices of the Goods offered on the Shop’s website are given in Polish Zloty and include VAT (in accordance with the generally applicable provisions of the law.)
2. The prices do not include delivery costs which are shown during placing an order for particular Goods. Delivery costs depend on the method of payment chosen by the Client as well as on the value of placed order.
3. The price of the Goods is binding after the confirmation by the Seller of the reception of an order placed by the Client, and from the beginning of order completion the price will not change regardless of the change of prices in the Shop, which can appear in relation to particular Goods during the time of completion of a given order.
IV. Methods of placing an order
1. The Shop operates the sale of Goods via the Internet. Information on the Goods offered by the Seller, their detailed description with the indication of their main characteristics (purpose, ways of using) is given under each of the Goods appearing on the Shop’s website.
2. Methods of placing the order:
a) via Shop’s website (by creating voluntarily an Account or without creating it),
b) by sending an email to: [email protected] indicating all of important, in terms of order completion, information on the Goods as well as personal data of the person placing an order (the Client).
3. If the Client decides to create voluntarily an Account on the Shop’s website, he/she should perform the following procedure:
a) click “Register”,
b) type in the required data in the appropriate fields of the registration form,
c) check the boxes with the agreement to process personal data for the purpose of the operation of User’s account, with the confirmation of being acquainted with the Shop’s Regulation and of accepting its content, and, optionally, depending on the Client’s wish, with the wish to have VAT invoice issued by the seller, to provide other address of delivery of the Goods and to permit the reception of the “Newsletter”.
4. Orders are completed according to the order of their placement by the Clients.br> 5. Recording, securing, making available and confirming essential sale contract provisions takes place by sending to the Client on the provided by him/her email address and by the attachment to the parcel with the Goods of an adjustment notice, VAT invoice (in this case upon the Client’s request), sample form of statement of withdrawal from a contract, complaint procedure and the withdrawal from a contract procedure.
6. Detailed information concerning the method of placing an order is available in the tab entitled How to place an order?
V. Forms and time limit of payment
1. The Shop offers three methods of payment for the purchased Goods.
a) cash on delivery of the Goods – the Client pays the currier upon the collection of the parcel (this method of payment concerns only the delivery of ordered Goods on the territory of Poland.)
b) via the safe online payment service www.dotpay.pl or via the PayPal system –before the completion of the delivery, the Client pays in advance for the purchased Goods.
c) by installment buying (via eRaty Santander Consumer Bank or Bank BGŻ BNP Paribas) – The Client submits a credit application for the purchase of the chosen Goods via the Shop’s website. Once the credit procedure is successful, credit contract is signed by the Client, and the credit is disbursed, the Shop begins the completion of a placed order.
It is important to remember that accrued bank interests as well as all the remaining costs of the credit disbursement will be added to the total cost of the credit – all of these costs will be provided to the Client by a consultant of the Santander Consumer Bank S.A. or of the Bank BGŻ BNP Paribas (depending on the Bank the Client chooses.) The Client has also an opportunity to check the predicted credit costs by means of installment simulator available on the Shop’s website that may is located in a basket. For the acceptance of the credit application, the amount of the order must be (in the case of Santander Consumer Bank) at least PLN 100 gross or (in the case of Bank BGŻ BNP Paribas) PLN 150 gross – below this amount, defined in this point payment method shall be impossible.)
This method of payment concerns only the delivery of ordered Goods on the territory of Poland.
VI. Completion of placed orders
1. Due to technical reasons the Shop does not complete orders with the option of personal collection of the Goods by the Client.
2. The Goods ordered in the Shop are delivered in the territory of Poland by the GLS currier (with all forms of payment available in the Shop) or by Paczkomaty InPost (in the case of advanced payment.) In the case of delivering an order to other countries inside the European Union, the parcel is delivered by GLS, and to the countries outside the European Union by FedEx.
3. The Seller immediately after confirming the reception of the placed order, proceeds with its performance. The period of placed order performance consists of:
a) the time of order completion (assembling of the Goods, the method of payment chosen by a Client, issuance of the sales document, packing of a parcel) – up to 3 working days;
b) delivery time – up to 2 working days (in the case of delivery on the territory of Poland). The time of delivery to other countries is 8 days. The detailed description along with the costs of delivery outside territory of Poland is found in the Delivery costs tab. Provided time is the time declared by a professional currier.
Unfortunately, we do not have possibility to agree with the Clients on the hours of delivery of the ordered Goods. In the case of the GLS currier company, delivery takes place between 9 and 17 (week days.) If during afternoon hours you are outside the place where the parcel should be delivered, we suggest you should choose another place, such as: work place or the address of a person who will be able to pick up the parcel on your behalf.
It is important to remember that the completion of an order (in the case of choosing the option of advanced payment) starts at the moment of crediting the money transfer on the Seller’s account; whereas in the case of choosing the option of purchase instalment– at the moment of confirmation by a chosen bank (Bank BGŻ BNP Paribas or Santander Consumer Bank S.A.) of the credit disbursement.
4. A proof of purchase is issued for every parcel (an adjustment notice or VAT invoice.) In the case of lack of any of these documents or necessity of the correction of the data provided by the Client, this fact shall be reporter in order to complete the missing information by sending an email to [email protected] The proof of purchase (an adjustment notice, VAT invoice) is placed in a plastic pocket on a parcel.
VII. Delivery costs
Deliveries executed on the territory of Poland:
1. By the GLS currier company:
a) In the case of advance payment on the bank account or in the case of using a credit (granted by Bank BGŻ BNP Paribas or Santander Consumer Bank) – the cost of delivery amounts to PLN 12 gross.
b) In the case of cash on delivery – the cost of delivery amounts to PLN 14 gross.
2. The completion of delivery via Paczkomaty InPost:
a) In the case of advance payment – PLN 9.90 gross.
VIII. Right of withdrawal from the contract and its consequences
1.The Client who purchased the Goods on the Shop’s website is entitled to withdraw from the contract of the sale of the Goods within 14 days, without providing any reason. The period of 14 days is calculated from the next day after the day on which the Client has received an item (or another person – indicated by the Client to collect the parcel). To meet 14-day deadline, the statement of the withdrawal from the contract shall be passed on to the Seller before the end of this period.
In order to exercise the right to withdraw from the contract, the Client should inform the Seller about his decision to withdraw from the contract, in the manner sufficiently expressing Client’s will, by means of sample statement form (Template form of statement of withdrawal from the contract.) The Client may also inform the Seller about exercising of the above-mentioned right by means of other means of communication with the Seller, for example, by means of an email or ordinary certified letter. The manner of submitting the statement depends solely on the Client, and the manner of doing so does not limit in any way the possibility of withdrawing from the contract.
2. Consequences of the withdrawal from the contract.
In the case of withdrawal from the Contract, we return to the Client all of the received payments, apart from the additional costs that arise out of the chosen by the Client method of delivery other than the ordinary and cheapest way of delivery offered by the Seller, immediately and never later than 14 days from the day when the Seller is informed about the decision of exercising the right to withdraw from the contract.
The return of payment shall be made by means of using the same payment methods used by the Client in the initial transaction (during the purchase of the Goods) as long as the Seller is capable of doing it, unless the Client gives his/her permission for returning the payment by means of other method. In any case, you will not be charged any fees connected with this return.
The Seller may refrain from returning the payment to the Client till the moment of reception of the Goods or till reception of the proof of sending them back, depending on whichever is earlier.
Client – please send back the Goods (to ul. Grottgera 30, 32-020 Wieliczka, addressee: spółka pod firmą OTCF S.A.) immediately and never later than 14 days from the day on which you informed us about withdrawing from the contract. A 14-day deadline is met, if you return the Goods before the end of this period.
By exercising the right of withdrawal from the contract, the Client bears direct fees of returning the Goods.
Client – you are liable for any diminished value of the Goods arising out of handling them in a different manner than the one necessary to establish the nature, characteristics and functioning of the purchased Goods. It means that it is possible to try on the purchased Goods and carry out the activities similar to these ones performed during purchasing in the stationary shop.
Client – in the case of taking up the behaviour (activities) in relation to the purchased Goods that are not part of the standard, necessary activities allowing to get familiar with an item, you are liable for diminishing the Goods’ value.
Client – technical and logistical details related to the return of the Goods as a result of the withdrawal from the contract are provided in the tab entitled Return of the Goods.
IX. Complaints regarding the Goods
In the case when the Goods purchased by the Client have physical or legal defects, the Client may exercise the right of complaint.
Client – the complaint should be lodged within 1 year from the day on which you noticed a defect of the Goods, not later than 2 years from the day on which the Goods were delivered to you.
Client – while lodging the complaint, you may require:
a) the exchange or repair of the Goods,
b) diminishment of the price or, if a defect is major, withdrawal from the contract.
If you decide to have your Goods exchanged or repaired, your request may result for us:
a) impossible to perform (e.g., due to cessation of manufacture of particular Goods)
b) in comparison with the second of the possible requests options, may require us to bear some additional costs.
In such a case, we may refuse or offer you another method of complaint handling, i.e. if you requested an exchange, we may offer you a repair, and if you requested a repair, we may offer you an exchange. Regardless of that, you may also change your choice and after our refusal you may request us to bring the Goods into conformity with the contract in another manner (repair, exchange). You may also use two other options, i.e. diminishment of the price or withdrawal from the contract.
Diminishment of the price, withdrawal from the contract
Client – while lodging a complaint, you may require withdrawal from the contract, if the defect of a Commodity is major, or cutting the price. While demanding the cutting of the price, you should specify the amount by which the initial price of the Goods should be cut.
However, we inform that if it is your first request made as part of the complaining process of particular Goods, if such a solution will not cause you any inconveniences we may offer you immediate exchange or repair. We will inform you about the potential offer immediately and you may decide whether this offer comes up to your expectations. If not, you may request the change of an offer (from exchange into repair and vice versa), unless it is:
a) impossible for us to fulfil,
b) too expensive in comparison with the second available request options.
We shall consider your complaint within 14 calendar days from the day it is made and during this period we shall inform you about our decision concerning the complaint in the manner agreed with you: in writing, by email or SMS text. Lack of information on the manner of handling the complaint within 14 calendar days from the day of making a complaint is granted as justified.
Client – we will do our best to complete the complaints considered as justified within reasonable time and without causing additional inconveniences for you.
If you complaint is considered as justified we will return you the costs of sending back the Goods about which you are complaining.
In order to make you complaining process easier, follow the procedure described in the section Complaining procedure
If you complaint is rejected or in the case of violation of the Client’s interests, the Client may use out-of-court procedures of handling complaints (mediation, arbitration court) or a vindication of claims. Regardless of the above mentioned, the Client who is a Consumer may request help from a municipal (poviat) consumer ombudsman. All the necessary information concerning this issue may be found on the Office of Competition and Consumer Protection at: www.uokik.gov.pl
X. Technical requirements necessary to work compatibly with information and communication system used by the Seller
1. Computer or other mobile device with the Internet access.
2. Having an active email account.
3. An Internet browser such as Internet Explorer, Mozilla Firefox, Opera, Google Chrome or Apple Safari installed on the computer or on other mobile device.
The Client is forbidden from delivering and posting on the Shop’s website of the non- authorized or offensive content. If the Client delivers such content to the Shop, the Seller is entitled to interfere with the delivered content, i.e. particularly to remove all of such content or a part of it, or to change it.
XI. Newsletter service
To be able to use Newsletter Service, it is necessary:
a) to provide by the Client his/her email address in the adequate field on the Shop’s website as well as to check boxes “I agree to receive messages such as Newsletter and I confirm that I am familiarised with the information for the subscribers” and „I agree to have my personal data, i.e. email address, processed in order to use “Newsletter”.
b) if you are an unregistered Client, to check an adequate box “I agree to receive messages such as Newsletter and I confirm that I am familiarised with the information for the subscribers” during the process of provision by the Client of data necessary for the completion of an order placement process in the Shop,
c) in case of registered Client, to check an adequate box “I agree to receive messages such as Newsletter and I confirm that I am familiarised with the information for the subscribers” in the tab entitled Your profile, and next to authorise by the Client the subscription by clicking the link provided in the email sent to the Client by the Seller on the email address provided by the Client.
As a result of performance of the above-mentioned steps, the permanent contract for providing services by electronic means of a continuous character is concluded.
2. The Client may terminate the contract referred to in the paragraph 1 above, by:
a) clicking on the link concerning the resignation from reception of the Newsletter provided in the footnote of every Newsletter,
b) sending an email at: [email protected]
c) calling on +48 12 384 80 45 or 801 007 457.
3. The contract shall terminate after the lapse of maximum 2 working days counting from the day of submission of declaration of intent to terminate it.
XII. Complaints regarding electronic services
1. Complaints regarding provision of the services by the Seller as well as complaints connected with functioning of the Shop’s website may be lodged in the following way:
a) by sending an email at: [email protected],
b) by calling on +48 12 384 80 45 or 801 007 457,
c) in writing to the correspondence address: OTCF S.A., ul. Grottgera 30, 32-020 Wieliczka.
2. While lodging the complaint, the Client should provide his first name and surname, time (date) of occurrence of the reason of the complaint and its description.
3. The Seller will handle the made complaint, not later than within 14 days. The answer regarding the complaint shall be sent on the email address provided by the Client or on his/her correspondence address.
XIII. Protection of personal data
1. OTCF S.A. (ul. Grottgera 30, 32-020 Wieliczka) is the administrator of personal data processed in connection with the use of the Shop and with the completion of an order.
2. Personal data are processed pursuant to:
a) art. 23 par.1 item 1 of the Act on the Protection of Personal Data of 29th of August 1997 (Dz.U. of 2014, item 1182 as amended, hereinafter referred to as UODO), i.e. the consent of a person to whom data refers – in the case of creating a User’s account,
b) art. 23 par. 1 item 3 UODO, i.e. necessity to execute the contract
c) art. 23 par. 1 item 5 UODO, i.e. necessity to execute the legally justified objectives.
3. Personal data is processed in order to:
a) execute the sales contract,
b) operate Client’s account created as part of the Shop – if the client has opened such an account,
c) send messages such as “Newsletter” – if the Client gave his separate consent to receive commercial information by electronic means.
4. Personal data shall not be made available for data recipients in the meaning of art. 8 item 6 of the Act on Personal Data Protection, unless it is necessary to execute an order (for example, due to delivery).
5. The Client has the right to access his or her data and to correct it.
6. Making the data available is voluntary, however in relation to:
a) the Clients who want to create User’s Account in the Shop – in order to register, it is necessary to provide the data specified in the registration form, i.e. first name, surname, address, contact number, email address,
b) the Clients who place an order in the manner other than the one specified in the point a) above – in order to complete the order it is necessary to provide the data such as: first name, surname, address, email address.
2. As part of the Shop, the following cookies types are used:
a) Session cookies.
b) Preferences and settings cookies.
c) Advert cookies.
d) Analytics cookies.
3. More information on cookies may be found in the “Help” section in the Internet browser menu.
4. OTCF S.A. also uses analytical programmes (e.g., Google Analytics) and uses services of advertisement websites for personalised retargeting – RTB (RTB House S.A., Infinity Media, Netsprint Sp. z o.o., among others.).
5. RTB House S.A.:
a) This Company uses log files cookies as well as web beacons for gaining data from the browser, from advertisers and from websites of third parties used for gaining non-personal information such as: IP addresses, addresses of browsed websites and timestamp, among others. It also gathers anonymous information from cookies that allow identification of segments of receivers, which enables advertisers to better adjust their campaigns. Collected by RTB House S data enables a more precise adjustment of advertisements and websites content for the users.
c) You can resign from the cookies option by clicking the orange button (opt-out) on the subpage of the website: http://www.rtbhouse.com/privacy/.
XV. Final provisions
1. Clients may gain access to this Regulation at any time via the link provided on the Shop’s website. They may also download it, save it on the device which they use (e.g., on the computer) and print it.
2. The applicable law for all of the contracts concluded by and between the Seller and the Client under conditions defined in the Regulation is the Polish law.
3. In all the mater not regulated by this Regulation, provisions of the Polish Civil Code shall apply as well as other commonly applicable provisions of the law, including particularly provision of the Act on Consumer’s Rights of 30th of May 2014 and of the Act on Providing Services by Electronic Means of 18th of July 2002.
4. In case of any disputes arising on the basis of concluded contracts, the Parties will aim to solve them amicably. Resolving of the potential disputes between the Seller and the Client who is a Consumer shall be resolved by competent common courts in accordance with the provisions of the Polish Code of Civil Procedure.
5. The Regulation is effective from 25th of December 2014.
6. The provision of the previously effective Regulation shall apply in relation to placed orders and contracts concluded before the date of effectiveness of this Regulation (i.e. until 24th of December 2014, included). However, in relation to the orders placed and contracts concluded from 25th of December 2014, provisions of this Contract shall apply.