Terms and conditions of use

 TERMS AND CONDITIONS OF THE FLUFFYCANS STORE https://fluffycans.com/ 

1. GENERAL INFORMATION, DEFINITIONS

  1. These Regulations set out the rules for the use of the website https://fluffycans.com/, including the purchase of Products through the Store operated by:  Fluffycans Sp. z o.o., Warszawska 56, 43-300 Bielsko-Biała, Poland, NIP: PL5472240895, KRS: 1061461; E: office@fluffycans.com; T:+48 882 050 950. 
  2. Terms used in these Terms and Conditions shall have the following meanings:
    1. Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, placing an Order and purchasing Products from the Store. An authorized person to place Orders and purchase Products in the Store is also a natural person who is at least 13 years old, in relation to which it is considered that the purchase is made under the supervision of a legal guardian;
    2. Consumer - a customer as a natural person making a legal transaction not directly related to his/her business or professional activity, or a natural person concluding an Agreement directly related to his/her economic activity, which does not have a professional character for this person, resulting in particular from the subject of his/her economic activity, made available on the basis of the provisions of the Central Register and Information on Economic Activity (business owner doing purchase in the purpose related to its business activity, however not being to him of professional matter);
    3. Privacy Policy - means the Seller's document treating the rights and obligations of Customers and the processes taking place in connection with the processing of Customers' personal data by the Seller and the use of "cookies". The privacy policy is available at: https://fluffycans.com/pl/content/6-privacy-policy;
    4. Product - physical products (tangible), electronic products (digital content) available in the Store;
    5. Terms and Conditions - hereby terms and conditions, available at: https://fluffycans.com/pl/content/3-terms-and-conditions;
    6. Warranty - the liability of the Seller to the Customer who is not a Consumer at the same time, for a physical or legal defect in the Product expressed in the Act of April 23 1964 of the Civil Code;
    7. Consumer Warranty - the liability of the Seller to the Owner and the Consumer, for non-compliance of the Work with the contract expressed in the Act of May 30 2014 on consumer rights;
    8. Store - Internet service available at: https://fluffycans.com/, through which the Customer places Orders for the purchase of Products;
    9. Sales Agreement - a contract of sale of Products concluded between the Seller and the Customer using the Store;
    10. Seller - Fluffycans Sp. z o.o., Warszawska 56, 43-300 Bielsko-Biała, Poland, NIP: PL5472240895, KRS: 1061461;, conducting sales through the Store, contact details as indicated in point 1.1. of the Terms and Conditions;
    11. Order - the Customers' declaration of intent to conclude a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying in particular the type and quantity of the Product;

2. USE OF THE STORE

  1. In order to place an Order in the Store, it is necessary to make a selection of Products, taking subsequent technical steps on the basis of messages displayed to the Customer and information contained in the Store.
  2. The Customer, in order to purchase Products, collects them into a so-called shopping cart. The shopping cart is an element of the Store where the Customer transfers the Products he intends to purchase. The Customer can at any time view the contents of the shopping cart, add or remove Products, and immediately proceed to the process of placing an Order.
  3. During the Order process, the customer specifies details such as delivery address, invoice details, delivery method, payment method and others.
  4. The customer during the Order process can register and create his own customer account.
  5. Customer registration in the Store allows the Store to save in the database of the Store the personal data of the Customer and the history of his Orders, and may entitle him to additional benefits specified by the Seller.
  6. During registration, the customer is required to provide a unique and known only to himself password. The registration process is encrypted with the appropriate protocol.
  7. The customer shall be responsible for sharing his password with third parties and shall be liable for all implications of such sharing.

3. PLACING AN ORDER

  1. Orders for Products are accepted only through electronic means by placing an Order using the Store.
  2. A prerequisite for placing an Order is the correct completion of the Order form. An Order with an incorrectly filled form may not be processed.
  3. When filling out the form, the Customer is required to provide correct information.
  4. The provided e-mail address and contact telephone number - if required, may be used only for contact in the process of processing the Order, unless the Customer agrees to be contacted for other purposes (e.g. newsletter).
  5. The customer will be informed before accepting the Order:
    1. main features of the Product,
    2. the total price or remuneration for the Product including taxes, as well as charges for transportation, delivery, postal services and other costs,
    3. contractual terms and conditions of sale, by referring directly to the Terms and Conditions before placing the Order.
  6. The Customer expresses his will to conclude a Sales Agreement by pressing the "confirm purchase" button or equivalent.
  7. Placement of an Order is not equivalent to the conclusion of a Sales Agreement, but constitutes the submission of an offer to conclude such an agreement.
  8. The Sales Agreement is concluded at the moment of acceptance of the Order for execution by the Seller, of which the Customer is informed by an e-mail confirming the purchase or by other equivalent means.
  9. In case of unavailability of some of the Products covered by the Order, the Customer will be informed about the status of the Order and will decide on the method of its implementation (partial implementation or cancellation of the entire Order).
  10. A limited number of Products are intended for promotional sales and sales. Orders are fulfilled according to the order in which confirmed Orders for these Products are received, until the stocks covered by this form of sale are exhausted.

4. PRICING, PAYMENT AND DELIVERY

  1. All prices of the Products are given in gross amount (manufacture and packing for shipment of the Product) and include VAT tax. The price listed next to each Product is binding at the time the Customer places an Order. The Seller reserves the right to change the prices of the Products in the Store, introduce new Products to the Store, implement and cancel promotional actions on the pages of the Store, use promotional codes available outside the Store. The above right does not affect the prices of Products in Orders placed before the changes take effect. 
  2. Prices for the Products are defined individually for each of the Product and are visible directly next to the Product. 
  3. Each purchase made by the Customer shall be accompanied by a proof of purchase: receipt or invoice sent electronically or together with the Product. 
  4. The Customer may make payment for the purchased Products in the manner provided at the stage of placing the Order.
  5. Payments are possible as offered within placing order proceeding. 
  6. Processing of the Order shall commence within 48 hours on business days after receipt of payment.
  7. Delivery of Products shall be made in the manner selected by the Customer in the course of placing the Order. The price for the Product does not include the cost of delivery. The cost of delivery will be visible at the stage of placing the Order and the terms of delivery are available at: https://fluffycans.com/content/1-delivery.
  8. The Products shall be shipped immediately upon receiving payment, no later than within 5 working days. The delivery time of the delivery service provider shall be added to the delivery time of the Products. 
  9. In the situation of price reductions, the Seller shall indicate, in addition to the reduced price of a given Product, its lowest price in effect during the last 30 days before the date of introduction of the reduction.  

5. RIGHT OF WITHDRAWAL FROM THE SALES AGREEMENT

  1. Consumer may resign by withdrawing from the Sales Agreement from a Product purchased from the Store without giving any reason within 14 days from the date of its receipt. To meet this deadline it is sufficient to send a statement of withdrawal to the address of the Store's registered office or to the e-mail address specified in the Terms and Conditions.
  2. In the event of withdrawal from the Distance Sales Agreement, the Sales Agreement is considered not concluded.
  3. In the event of withdrawal from the concluded Sales Agreement, the Consumer is obliged to return the Product no later than within 14 days from the day on which he withdrew from the agreement.
  4. The Seller shall guarantee reimbursement of the price, including the cost of delivery of sold Products to the Consumer. 
  5. The Consumer shall be liable for any decrease in the value of the item resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
  6. Any reimbursement will be paid by the Seller no later than 14 days after receipt of the notice of withdrawal from the agreement, using the same method of payment used by the Consumer, unless the Consumer has agreed to a different method of reimbursement. The reimbursement is not associated with additional costs. The Seller may withhold reimbursement of amounts received by the Consumer until the Product is returned to the Seller.
  7. Consumer is obligated to cover on its own the costs of the Product return to the Seller in accordance with withdrawal. The Product return shall be made to the Seller’s registered office. 
  8. The right to withdraw from the Sales Agreement does not apply to the Consumer in which the subject of performance is a non-refabricated product, manufactured to the Consumer's specifications or serving to meet his individualized needs. 

6. LIABILITY

  1. The Seller shall be obliged to deliver a Product that conforms to the Sales Agreement.
  2. The Seller for the purpose of delivery shall allow the Customer to choose the courier company, in connection with which the Customer is obliged to carefully examine the correctness of the packaging and the contents of the shipment for possible damage in transit. The rules of conduct regulated by the respective courier company will apply to a given delivery, subject to the general rules expressed in the Transport Law, i.e.: 
    1. if before the release of the package it turns out that it has suffered a loss or damage, the carrier, at the request of the Customer, immediately establishes the condition of the package by protocol and the circumstances under which the damage occurred;
    2. if only after the release of the package a defect or damage not outwardly noticeable upon receipt is revealed, the carrier is obliged to determine the condition of the shipment at the request of the Customer reported immediately after the discovery of the damage, but no later than within 7 days from the date of receipt of the shipment;
      in such a situation, the basis for claims will be the damage report.
  3. If the Product received at the time of delivery does not comply with the Sales Agreement, the Consumer may exercise his rights under the Consumer Warranty.
  4. The Consumer Warranty is provided for a period of two years from the date of delivery of the Product. 
  5. In order to exercise the Consumer Warranty, it is necessary to file a complaint specifying the nature of non-conformity with the Sales Agreement and including a demand. 
  6. The Consumer may:
    1. demand the replacement of the Product with a new one;
    2. make a statement on price reduction or withdrawal from the Sales Agreement, when:
      1. bringing the Product into conformity with the Sales Agreement is impossible or requires excessive costs;
      2. The Seller has failed to bring the Product into conformity with the Sales Agreement in accordance with Section 1;
      3. the Product's non-conformity with the Sales Agreement perists even though the Seller has attempted to bring the Product into conformity with the Sales Agreement;
      4. the non-conformity of the Product with the Sales Agreement is so significant as to justify either a reduction in price or cancellation of the Sales Agreement without first taking advantage of the means of protection set forth in Section 1;
      5. it is clear from the statement of the Seller or the circumstances that the Seller will not bring the Product into conformity with the Sales Contract within a reasonable time or without undue inconvenience to the Consumer.
  7. The Seller shall respond to the request of the Consumer immediately, no later than within 14 days from the date of receipt of the complaint letter.
  8. The Consumer will be informed of the outcome of the complaint in the same manner in which the Consumer sent the complaint.
  9. The Warranty for Products against Customers who are not Consumers shall be excluded, and in case of inadmissibility of exclusion shall be limited to the fullest extent permitted by law.
  10. Customer (the business onwer) or Consumer (including business owner doing purchase in the purpose related to its business activity, however not being to him of professional matter) are entitled to notify the Seller about any incorrectness within the Product by means of:
    1. Registered letter sent on the Seller’s registered office;
    2. E-mail message sent at office@fluffycans.com.
  11. The Seller is not liable for damage in transit, as well as:
    1. damage as a result of improper, unsuitable or incorrect storage of the Product;
    2. mechanical damage and defects caused by such damage, and failures caused by external factors such as cracks, scratches, flooding by liquid, moisture (e.g., by condensation in variable temperatures), too high or too low temperature, lightning, fire, abnormal voltage in the network, the action of chemical agents, as well as others beyond the control of the Seller;
    3. in case of breakage and/or fall from storage or structural changes to the Product;
    4. due to normal wear and tear of use (scratches, hard-to-remove dirt, wiped inscriptions, etc.);
    5. making modifications to the Product;
    6. improper connection/disconnection or assembly/installation done incorrectly or not in accordance with the art;
    7. for the destruction of elements of the Product, i.e., plastic profiles and elements, abrasive elements and other elements subject to normal wear and tear;
    8. for minor deviations in color resulting from the difference in the color palette shown on the pages of the Store, and the colors realistically used in production.
  12. The Seller instructs the Customer that the Products are made of materials described in the Store and the Customer is required to be particularly careful in unpacking the shipment, the Product and further handling of the Product, which may have sharp edges, fragile handles, minor deviations in color or other properties that may affect the health and environment of the Customer. The Seller shall not be liable for the implications of such actions. 
  13. The Seller also explains that the installation of the Product may only take place on the following surfaces and with the installation system proposed by the Seller: ............................ .. The Seller does not guarantee the proper maintenance of the Product and the consequences to the mounting surface or the surroundings if the installation is performed on a surface other than the aforementioned with or omitting the Seller's installation system.
  14. All graphics made available in the Store are a manifestation of the copyrights of the creator and their independent workmanship. The Seller shall not be liable for any violation of the copyright of the owners of a given graphic and for any other irregularities occurring as to the graphics made available by the creator within the Store.
  15. The Seller's liability not resulting from the Seller's willful misconduct shall be excluded, and when only is not possible, it shall be limited to the fullest extent possible by law, and minimally to the value of the Product covered by liability

7. TECHNICAL REQUIREMENTS, FUNCTIONALITY AND INTEROPERABILITY OF DIGITAL CONTENT, PROVISION OF SERVICES BY ELECTRONIC MEANS

  1. The Seller provides the Customer with an service by electronic means, which consists in enabling the conclusion of a contract for the supply of Products and the use of other functionalities of the Store.
  2. It is not necessary to have an account in the Store to conclude a Sales Agreement.
  3. The service of access to the functionality of the Store is provided free of charge. Acquisition of Products available in the Store is done for a fee.
  4. To place an Order and use the functionality of the Store, it is necessary:
    1. having an active e-mail account (for making purchases in the Store),
    2. A web browser that takes into account current updates, with JavaScript enabled,
    3. cookies enabled in the browser,
    4. access to the Internet,
    5. Installing applications to read PDF files (among other things, to read electronic files).
  5. The Store uses cookies to ensure security and a high level of customer service. The Customer may at any time independently change the settings for cookies - determine the conditions for storing and accessing by cookies to own device through the settings of the Internet browser or through the configuration of the service.
  6. The Customer has the right to file a complaint about the operation of the Store by sending an e-mail to the address provided in paragraph 1 of the Terms and Conditions.
  7. Any person visiting the Store and in the event of a violation of the law, personal rights or principles of social coexistence in connection with the content published in the Store is entitled to submit feedback by sending an e-mail to the address provided in paragraph 1 of the Terms and Conditions
  8. Response to the complaint or feedback will be sent within 14 days of its receipt to the data from which it was directed.
  9. The Seller shall allow interruptions in the provision of services by electronic means, which shall not constitute a violation of the Customer's right and shall not entitle the Customer to demand compensation or damages.
  10. The Seller reserves the right to prior verification of opinions/comments left within the Store - in case of such functionality, and relating to the purchase or use of the reviewed/commented Product. The Seller may, among other things, make the publication of opinions/comments conditional on an individual order number. Verified opinions/comments will have an appropriate annotation.
  11. The Seller may deprive the Customer of the right to use the Store, as well as may restrict access to the Store, with immediate effect, in case of violation by the Customer of the Terms and Conditions or the law, and in particular when:
    1. information was provided that is untrue, inaccurate or outdated, misleading or violates the rights of third parties;
    2. violations of personal rights were committed through the Store; 
    3. other behaviors have been committed, which will be considered by the Seller as behaviors that are inconsistent with the applicable laws or general rules of Internet use or detrimental to the Seller's good name.
  12. In particular, the Customer shall:
    1. use of the Store in a manner consistent with the laws applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules of Internet use;
    2. not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties;
    3. use the Store in a manner that does not interfere with its operation, in particular by using certain software or devices;
    4. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Store;
    5. not to use the Store in a way that is burdensome to other entities;
    6. use any content posted within the Store only for personal use.

8. PERSONAL INFORMATION AND COOKIES

  1. Personal information is collected and processed for the purpose of executing the Sales Agreement.
  2. The Seller of the Store issues a newsletter, which contains, among other things, information about the Products. The newsletter is sent only to Customers who have expressed a willingness to receive it. The Customer may unsubscribe from the newsletter at any time.
  3. Detailed rules for the processing of personal data and the use of cookies are described in the Privacy Policy.

9. FINAL PROVISIONS

  1. For the avoidance of doubt, it is stated that none of the provisions of these Terms and Conditions does not limit the rights of the Consumer, which the Consumer is entitled to under the provisions of the law in force on the territory of the Republic of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of the Republic of Poland shall apply, in particular the Civil Code and the Consumer Rights Act.
  2. The Seller indicates that all Products available in the Store are protected by copyright. Further distribution of Products without the permission of their creator constitutes copyright infringement and may result in liability.
  3. Settlement of any disputes arising between the Seller and the Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant legislation, whereby the Seller allows the mediation procedure. The Consumer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection or to the voidvodship inspector of the Trade Inspection, and may obtain free assistance in resolving a dispute between the Consumer and the Seller, using the free assistance of the relevant consumer ombudsman.
  4. A consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales agreement or service contract.
  5. The settlement of any disputes arising between the Seller and the Customer, who is not a Consumer, shall be submitted to the court having jurisdiction over the seat of the Seller.
  6. An integral part of the Terms and Conditions is the Fluffycans Legal Notice, the content of which is available within the Store at: https://fluffycans.com/pl/content/2-legal-notice.
  7. The Seller reserves the right to change the Terms and Conditions. All changes to the Terms and Conditions come into force on the date indicated by the Store. Orders placed before the effective date of changes to these Terms and Conditions are executed on the basis of the provisions in force on the date of placing the Order.