These general conditions of sale apply to any consultation or order placed on the website www.fabryka fajnosci.pl for the purchase of goods.
This website www.fabrykafajnosci.pl is published by the company Fabryka Fajnosci, Ltd. whose registered office is located ul. Plebiscytowa 3/18 45-359 Opole Poland, registered with the Trade and Companies Register under number KRS 0000729455, PIN 7543180375, nr REGON 380048506, to contact us by email: email@example.com or by phone at 00 48 601 51 59 06 (international call).
The confirmation of the order by the purchaser implies unreserved acceptance of these general conditions of sale which prevail over all the previous versions or specifications emanating from the buyer, including by exchange of emails.
01 - Preamble
These general terms and conditions of sale are concluded between Fabryka Fajnosci and any non-commercial person wishing to make a purchase on the website. These Terms and Conditions govern exclusively your relationship with Fabryka Fajnosci.
Fabryka Fajnosci reserves the right to modify the General Conditions at any time. They will then be applicable as soon as they are posted online. Fabryka Fajnosci is a registered trademark. Any reproduction, complete or partial, of the mark, is systematically subject to authorization.
02 - The Products
The products governed by these Terms and Conditions are those appearing on the Website and which are indicated as sold by Fabryka Fajnosci. They are offered within the limits of available stocks or made to order.
The essential features of the Products are described and presented as accurately as possible. Differences between the products delivered and those represented on the Site or the catalog may exist, mainly for craft products for which the homogeneity of the production can not be perfectly ensured or for those having been the subject of adaptations related to the technical or technological evolution.
The differences, since they do not relate to the essential characteristics of the products and do not affect their quality, can not justify a cancellation of the order or a refusal of delivery.
The perfect representation of the products on the Website and / or in the catalogs can not be guaranteed, particularly because of the differences in color rendering by Internet browsers and / or visualization monitors, Fabryka Fajnosci can not be held responsible for the inaccuracy of the photographs appearing on the Site.
02 - The Prices
Prices are quoted in zlotys (PLN) including all taxes. They take into account the VAT and any discounts applicable on the day of the order.
The prices of the products are exclusive of shipping costs (shipping, packaging, and making the package according to amounts in force). The amount of the delivery costs will be indicated before validation of the order.
However, a price can not be changed once your order has been validated.
04 - The Order
f one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products on the website.
The customer has to put in his basket each product he wishes to order.
By clicking on the cart icon, a summary of his order and the total price appears on the screen. The customer can then modify this order or confirm the order by clicking on the right icon.
The customer is then asked to identify himself in order to allow the subsequent archiving of all the orders and the possibility for the customer to access them.
Once the identification is completed, a new summary of the order is displayed with a new validation and payment.
The price will be charged immediately.
In some cases, including for lack of payment, wrong address or any other problem related to your account, Fabryka Fajnosci reserves the right to block your order until the problem is solved.
In case of unavailability of a product, you will be informed by email.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining.
A summary of your order will be sent to you by email to the address you have indicated.
We recommand that you print this email.
You declare to have read and accept these terms and conditions before placing your order.
The validation of your order is therefore acceptance of these Terms and Conditions of Sale.
For any question relating to the tracking of an order, you can consult your account on the Website.
- they are sold to the unit, but we are unable to produce less than 5 pieces of each reference. That's why the minimal quantity for each lollipop reference is 5 pieces. Each lollipop is individually wrapped.
- storage life: 1 month, lollipops should not be frozen or refrigerated, avoid sun and humid conditions
- In order to guarantee the freshness of our products, we produce items on order and need 7 working days. Due to the use of fresh products, sometimes they can be lightly different than pictured. Pansies colors may vary depending on the season. If you need a specific colour, please contact us, we will do our best to find a matching one.
- If you need large quantities, please contact us. Let us know when you plan your event and we will send lollies so that you get them one week before the D-Day.Lollipops are not returned or exchanged. But do not hesitate to contact us in case of problem with your order.
The hangover kit bags are sold empty, they can be filled with a selection of items on order.
05 - Terms of payment
The payment of purchases is cash by bank transfer or credit card.
We accept the following cards:
- Visa Electron
- MasterCard Electronic
During the payment, you will be redirected on the page of our service provider. Different access to authorization servers are then made to verify the data, in order to prevent abuse and fraud. The server is in encrypted mode and all the information conveyed is encoded (SSL Netscape). Nothing goes non encoded on the internet.
Your account will be charged to the shipping of the Products. In case of Exhausted or unavailable Products, the amount of these Products will not be debited. In case of failure to receive the transfer within 8 days from the confirmation of the order by the buyer, the order will be considered canceled.
Product refunds in the various hypotheses referred to in the general conditions of sale (except lollipops and personalized items) will be completed within 14 days, or less, after we receive your products in our wharehouse. The refund will be made by crediting the account debited at the time of the order. Shipping costs are not refunded.
Upon receipt of your payment by bank transfer or credit card, we will carry out your order. We draw your attention to the fact that, in the case of transfer payments, it may take up to two days before we receive your payment.
We work with the Polish Post for international transport, and it usually takes a week to deliver to Europe.
For countries outside Europe, please contact us for delivery times. Prices vary according to the weight of your order.
Shipping costs include packing, handling and postage. We advise you to group your purchases in one order. We can not group two separate orders and you will have to pay shipping costs for each one.
In order to guarantee the freshness of our products, we produce items on order and need 7 working days. Due to the use of fresh products, sometimes they can be lightly different than pictured. Pansies colors may vary depending on the season. If you need a specific colour, please contact us, we will do our best to find a matching one.
If you need large quantities, please contact us.
Let us know when you plan your event and we will send lollies so that you get them one week before the D-Day. Lollipops are fragile and their aesthetics can deteriorate over time, so it’s better get them delivered just before the event you organize.
07- Right of withdrawal and exchange
You have a right of withdrawal of 14 calendar days from the date of receipt of your order.
During this period, you can return the Products without having to justify reasons, nor to pay penalties.
All products may be subject to a withdrawal, except those excluded by law in Article L121-21-8 of the Consumer Code, for example products that have been personalized on your request .
Lollipops are considered as such, as well as all products subject to personalization.
Returned Products must be intact, complete and must not have been worn for extended periods.
To exercise your right of withdrawal, you must make any unambiguous statement indicating your intention to return the Product to us.
You can send us your declaration by email to firstname.lastname@example.org
You must then return the Products to Fabryka Fajnosci, no later than fourteen (14) days after your withdrawal, by mail at the following address: ul. Urodzaju 10 45-835 Opole Poland / Poland.
The costs of return by mail are your responsibility (with the exception of a defective Product upon receipt or an error of Fabryka Fajnsoci when sending the Product).
Fabryka Fajnosci undertakes to refund you the totality of the sums paid at the reception your parcel in its warehouse.
Fabryka Fajnosci will reimburse you for the returned Products, subject to compliance with the above conditions and the standard "out-of-pocket" delivery charge of the latter if you return your entire order.
If you do not return your entire order and keep one or more Products ordered, the amount of the "out" delivery costs will not be reimbursed by Fabryka Fajnosci.
The refund will be made within a maximum of 14 days from the date of receipt of your parcel in our warehouse.
The refund will be made via the means of payment used during the returned order. For example, if the Products order has been paid by credit card and your credit card is still valid, the refund will be made to the account attached to this card.
You also have the opportunity within fourteen (14) days to request an exchange. You can return the Product to Fabryka Fajnosci by mail at the following address:
ul. Urodzaju 10 45-835 Opole Poland
The costs of return by mail are your responsibility (with the exception of a defective Product upon receipt or an error of Fabryka Fajnosci when sending the Product).
A- Legal guarantees
All Products for sale on the Website benefit from the legal guarantee of conformity (L211-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing you to return Products delivered defective or non-compliant. You are informed that Fabryka Fajnosci whose head office is:
2F Sp. z o.o.
ul. Plebiscytowa 3/18
is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees.
You have a period of two years from the date of issue of the Product to act in accordance with the legal guarantee of conformity.
In this case, you will be able to choose between the repair or the replacement of the Product, subject to the conditions of cost envisaged by the article L211-9 of the Code of the consumption.
You are not required to provide proof of non-conformity of the Product during the six months following the delivery of the Product. This period is extended to twenty four months from March 18, 2016.
In addition, you can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
- Article L211-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
- Article L211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1) To be fit for the customary use of a similar good and, where appropriate:
-to correspond to the description given by the seller and to possess the qualities that he has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
- Article L211-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
- Article L211-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee that was granted to him during the acquisition or repair of a movable property, a restoration covered by the guarantee, any downtime of at least seven days is added to the duration of the warranty that remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
- Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the buyer does not would not have acquired, or would have given a lower price, if he had known them.
- Article 1648 al 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
B - Evidence
In any case, the online supply of the credit card number and the final validation of the order will be proof of the completeness of the said order in accordance with article 1316 - 1 of the Civil Code and will be worthy of the sums committed by the seizure. Products listed on the order form.
This validation constitutes signature and express acceptance of all the operations carried out on the Website. However, in case of fraudulent use of his credit card, you are invited, as soon as the use is found to send an email to: email@example.com
The computerized records, stored in Fabryka Fajnosci's
The filing of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
C - Responsibilities
Fabryka Fajnosci has an obligation of result for all the stages of the order taking as well as for the stages after the conclusion of the contract.
Thus Fabryka Fajnosci undertakes to describe with the utmost accuracy the products sold on the Website as well as the risks of aesthetic alterations inherent to the characteristics of certain fragile products such as lollipops.
On the other hand, the responsibility of Fabryka Fajnosci can not be engaged in the case where the non-performance of its obligations would be attributable either to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the jurisprudence.
Similarly, the responsibility of Fabryka Fajnosci can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
The computer systems under reasonable security conditions, shall be considered as evidence of communications, orders and payments between the Parties.
Fabryka Fajnosci's liability in respect of the delivered products, including within the framework of the applicable contractual or legal guarantees, is limited to the price of defective or non-compliant products. Fabryka Fajnosci can not be held liable for any indirect damages or any other financial loss suffered by the buyer or a third party.
09 -Use of the website
9.1 INTELLECTUAL PROPERTY
The elements published on the site of Fabryka Fajnosci including logos, registered trademarks, texts, photographs, images, drawings, models or tables constitute works protected by intellectual property rights or human rights.
The reproduction or the representation, total or partial, of this site is thus prohibited without the express and preliminary agreement of the holders of these rights and would constitute an infringement sanctioned by the provisions of the Code of the intellectual property and / or a delictual fault of nature to commit the civil liability of offenders to the aforementioned rights.
9.2 RESPONSIBILITY OF USERS
The navigation on the site www.fabryka fajnosci.pl is the sole responsibility of the users. Fabryka Fajnosci can not be held responsible for failures, errors, computer viruses that could hinder the continuity of access to its site or for malfunctions in the computer installation of users that may be noted as a result of access to the site.
It can not therefore be held to the repair of direct or indirect damage that may be related to the use, access to its site or downloading of items stored on the site (images, text, video files ...).
Whishing to protect the personal data of its customers and prospects, Fabryka Fajnosci undertakes to respect the provisions of the law n°78-17 of 6th january 1978 as amended, relating to computers, files and freedoms as well asthose of the Regulation (UE) n°2016/679 of 27th april 2016.
1.WHO IS RESPONSIBLE FOR PROCESSING PERSONAL DATA?
The controller is the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing.
The person in charge of the processing of the personal data transmitted in the framework of the navigation on the site, a creation of customer account or the realization of an order is:
2F Sp. z o.o.
ul. Plebiscytowa 3/18
45-359 Opole - Poland
2. WHAT PERSONAL DATA ARE COLLECTED AND BY WHICH MEANS?
Fabryka Fajnosci, as controller, is likely to process all or part of the data following:
- Name (and birth name) - First name - Birth date - Phone number - E-mail adress - Address - Login and password - Information on purchases and orders and the implementation of the guarantee - Electronic identification data available on or from your computer (such as "cookies" or "IP addresses")
- Activity data on the site fabryka fajnosci.pl (type of page visited, date of visit or actions carried out on thesite such as placing an article in the basket)
We collect and use your personal information to process your requests for information, your orders, and provide you with quality service, to simplify your access to our products and services.
Fabryka Fajnosci may collect data when:
- you browse our website - you register on our website - you register on our website to receive our newsletters and commercial communications - you place an order on our website - you participate in a contest, whether on our site or on a partner site - you post content on one of our social media or you agree that we reuse the content you have posted
3.WHY THESE DATA ARE COLLECTED?
The collection of your personal data is necessary to Fabryka Fajnosci to:
- Allow you to create and access a personal space on the site Fabrykafajnosci.pl - Answer your questions - The taking into account and the realization of the commercial relation: to treat and to follow up your order, - your delivery, your invoicing, the after-sales service and the realization of survey of satisfaction - Manage unpaid bills and litigation - Fight against fraud - Adapt the presentation of our site to your terminal (mobile, computer or tablet)
Subject to your consent, this data also allows us to:
- To send you targeted commercial communications or not - Ability to customize offers / products that may interest you based on your purchase history - Inform you about news / events of this one - Ability to perform business statistics or performance measurement of deployed communications - To be able to carry out analyzes and marketing tools (ex: score, segmentation, etc.), - Manage the contests, surveys ... in which you participate - Post comments and content posted on social networks
4.Will YOU RECEIVE COMMERCIAL OFFERS?
Fabryka Fajnosci will ask you for your explicit consent before sending you commercial communications. Without consent, no communication or solicitation will be sent to you.
5.ARE YOUR DATA SHARED WITH OTHER COMPANIES?
Fabryka Fajnosci agrees not to sell your personal data to partner stores for commercial purposes. Your personal data remains the exclusive use of Fabryka Fajnosci.
Your personal data is shared with subcontractors of Fabryka Fajnosci allowing in particular to:
6.HOW LONG WILL YOUR DATA BE KEPT?
Fabryka Fajnosci makes sure to keep the personal data of its prospects and customers for a period necessary for the purposes of the treatment carried out or for a period legally fixed.
Cookies are kept for a maximum period of thirteen (13) months.
In order to determine the appropriate retention periods, Fabryka Fajnosci distinguishes between prospects and customers.
The personal data of the prospects are kept for a period of three (3) years from the last positive and explicit contact from the prospect.
The personal data of the customers are kept as long as they are necessary for the purpose pursued. They are erased when the customer exercises his right to cancellation and forgetting.
Contractual data are stored and archived for the duration necessary for the contractual obligations (guarantee, compliance, etc.) as well as legal, accounting and tax obligations and / or during the applicable deadlines.
If you have consented to receive commercial surveys, we will retain your personal data until you unsubscribe or until you ask us to delete them.
Any person may also set guidelines for the management of his personal data and for their retention, erasure and communication after his death.
In the absence of specific directives transmitted during his lifetime by the deceased, the heirs may only exercise the rights of suppression and forgetting.
7.HOW CAN YOU EXERCISE YOUR RIGHTS?
What are your rights ?
In accordance with the current regulations on the protection of personal data, you can:
- Access all of your data (subject to certain restrictions), - Correct, update your data, if they are inaccurate, incomplete or out of date - Request the portability of your data, - Oppose the processing of your data,
- Request the deletion of your data. This is not an absolute right, as we may be forced to keep your personal data for legal, legitimate or contractual reasons, - Request a limitation of the treatments that we operate relating to your data.
How to exercise your rights?
You can at any time exercise your rights as described above by sending us your request to our customer service.
We are likely to verify your identity before processing your request.
A confirmation will be sent to you within a maximum of two months from the date of receipt of your request
8.HOW DO WE SECURE YOUR PERSONAL DATA?
Fabryka Fajnosci undertakes, taking reasonable precautions, to protect the security of your personal information.
Security of your browsing on our website
Fabryka Fajnosci implements the necessary means to ensure the security of the data collected.
We ensure the security of data transmitted by you through physical, electronic and administrative procedures.
The creation of a customer account can only be done by entering a username and password that you are personal.
Nevertheless, you must protect the password of your account and not communicate it to anyone.
As a reminder, Fabryka Fajnosci will never ask you, via the sending of an email, your username, your password or your bank details.
Online payment security
Fabryka Fajnosci ensures the security of online payments.
11 - Applicable Law and Jurisdiction
The General Conditions are subject to Polish law.