Regulations of Fenix.pl store

§ .1 General provisions

1. These Regulations define the rules for concluding distance contracts, including the placement, execution of orders, as well as complaints and return of the purchased product. These Regulations apply to orders placed as of May 1, 2019.

2. The owner and operator of the online store operating at: www.fenix.pl is KOLBA Spółka z ograniczoną odpowiedzialnością (formerly Matuszczak Łukasz PPHU KOLBA) with registered office: 41-253 Czeladź, ul. Wiejska 46, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Katowice-Wschód in Katowice under the KRS number 0000984915, having NIP: 6252483366, REGON: 522708960, with a share capital of 1,000,000 PLN, with BDO registration number 000002511. (hereinafter referred to as the "store owner").

3. All products offered in the fenix.pl store are brand new, free from physical and legal defects and have been legally placed on the market, unless, in the product description, there is an explicit information that the product is used.

4. The subject of performance referred to in these regulations is the sale of products specified on the website: www.fenix.pl in the electronic form of communication between the parties.

§ 2 Placing orders and their implementation

1. Orders can be placed 24 hours a day throughout the year. Orders are accepted via the website: www.fenix.pl or by phone during store business hours: +48 518 836 553.

2. Placing an order via the website means adding a product to the shopping cart from the fenix.pl offer visible on the website and completing the order form in accordance with the instructions given therein.

3. Once the order has been placed, the customer will receive by e-mail information about acceptance of the order for execution (list of ordered products, delivery address, order value, form of payment, method of shipment/collection). The customer will receive a confirmation of the conclusion of the contract at a distance on a durable medium no later than the delivery of the product. With the customer's consent, the confirmation will be sent to the customer's email address.

4. Payment for the ordered products can be made: cash on delivery upon receipt of the products, Przelewy24/payment card, transfer to fenix.pl account. Forms of payment are described in the tab: forms of payment and shipping at www.fenix.pl.

5. Order processing begins:

   • in the case of orders payable on delivery - at the time of effective placement of the order,

   • in case of payment by bank transfer - at the moment of receipt of funds on account fenix.pl,

   • in case of payment by credit card via Przelewy24 service - at the moment fenix.pl receives confirmation of payment,

   • in the case of installment purchase - upon receipt by the store owner of a credit agreement signed by the customer, or receipt of information from the bank about the granting of credit.

6. By accepting the Terms and Conditions, the customer making the purchase agrees to the issuance and sending of a sales document, including a VAT invoice in electronic form by the Seller in accordance with the Law of March 11, 2004 on tax on goods and services. Consent to receive the sales document in electronic form is equivalent to resignation from receiving the sales document in paper form. The Seller shall issue and send sales documents in electronic form guaranteeing the authenticity of their origin and integrity of their content. Each sales document in electronic form will be delivered to the Customer via e-mail to the address provided by the Customer in the order form.

7. In the case of orders shipped outside the Republic of Poland, in accordance with the disposition of Article 35d of the Law on the Exercise of Economic Activity in Manufacturing and Trading in Explosives, Weapons, Ammunition, and Products and Technology for Military or Police Purposes, in the case of movement of firearms or ammunition from the territory of the Republic of Poland as the initial state of the transaction, it is required to certify the transport approval by the Regional Police Commander.

8. Information about the availability of the products offered on the website is given in the description of the product in question (possible options: shipping in 24 hours, shipping in 2 days, shipping in 3-5 days, shipping up to 14 days, on order, product unavailable). If the product is unavailable, the order will not be processed until the stock is replenished.

9. All prices quoted are gross prices . The customer will be informed each time of the total price for the ordered product, in particular, the shipping charges, as well as for insurance of the goods for transportation.

10. The customer can cancel the order by phone or by sending an e-mail to [email protected].

11. The Seller shall ensure each time the customer places an order that the customer explicitly confirms that the placed order entails an obligation to pay.

§ 3 Delivery and collection of the product

1. Products ordered from the fenix.pl online store are delivered within the country via the Polish Post or GLS courier.

2. Orders are delivered within 2 (two) working days, provided that the cash on delivery option is selected. On the other hand, if you have chosen the option of payment by bank transfer, the product will be shipped within 2 (two) working days after the payment is credited to the fenix.pl store's account.

3. If the order is placed from Monday to Friday until 2 pm, the order will be shipped on the same working day (unless it is a day considered a public holiday. In this case, the order will be processed on the nearest possible business day). If the order is placed after 2 p.m. on a given business day, the goods will be shipped on the next business day, unless that day is considered a public holiday, in which case the product will be shipped on the next possible business day.

4. If the shipment has not arrived at the specified delivery address within 3 (three) business days, please contact the fenix.pl store to resolve the problem.

5. The cost of delivery of ordered products within the territory of the Republic of Poland is from 9,90 PLN for both prepayment and cash on delivery.

6. In case of placing an order with a value above 299 PLN, the customer does not bear the cost of shipping within the country (RP). Shipping costs outside the Republic of Poland depend on the country of delivery and the total weight of the ordered products.

7. On the day the order is shipped, the customer is additionally informed by e-mail.

§ 4 Returns and exchanges

1. A customer who has concluded a contract at a distance may withdraw from it without giving reasons and without incurring costs, except for the costs specified in paragraph 6 below, within fourteen days from the date of receipt of the product. The customer may withdraw from the contract within the period referred to in the preceding sentence by submitting a statement of withdrawal, available here. It is also sufficient for the customer to send the withdrawal statement before the deadline indicated above.

2. In the event of withdrawal from the contract in the manner and under the conditions indicated in the preceding paragraph, the contract is considered not concluded, and the customer is released from all obligations. What the parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management. Along with the returned product, the customer is obliged to return the products received free of charge.

3. The return of the goods should take place immediately, no later than within fourteen days from the day on which the customer withdrew from the contract.

4. If the customer withdraws from the contract, the amount paid by the customer will be refunded immediately, no later than within 14 days to the bank account provided by the customer or in any other way indicated by the customer.

5. The customer shall be liable for any diminution in the value of the product resulting from the customer's use beyond what is necessary to ascertain the nature, characteristics and functioning of the product.

6. The customer shall bear only the direct costs of returning the item.

§ 5 Complaints

1. The fenix.pl online store shall handle complaints in accordance with the applicable provisions of the Civil Code (art. 556-5764, Journal of Laws of 18.05.1964 No. 16 item 93 as amended), and the Act of 30 May 2014 on Consumer Rights.

2. Fenix.pl shall be liable for the incompatibility of consumer goods with the contract if it is discovered before the expiration of two years from the issuance of such goods to the buyer; this period shall run anew if the goods are replaced.

3. If the sold thing has a defect, the buyer may make a statement to reduce the price or withdraw from the contract, unless the seller immediately and without excessive inconvenience for the buyer replaces the defective thing with a defect-free one or removes the defect. If the sold thing has a defect, the buyer may demand replacement of the thing with a defect-free one or removal of the defect. The seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience to the buyer.

4. The non-dischargeability of repair and replacement in terms of paragraph 3 means that fenix.pl is also obliged to reimburse the customer for the costs incurred by the customer, in particular the costs of disassembly, delivery, labor, materials and reassembly and commissioning.

5. The customer may, instead of the removal of the defect proposed by the seller, demand the replacement of the item with a defect-free item or, instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the agreement in the manner chosen by the buyer is impossible or would require excessive costs compared to the manner proposed by the seller. In assessing the excessiveness of the costs, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the buyer.

6. In order to make a complaint about the purchased product, fill out the RECOMMENDATIONS form (available here) and send it back to the address: Reklamacje Fenix.pl ul. Limanowskiego 65, 42-506 Będzin advertised product completed form REKLAMAMACJE.

§ 6 Copyright

1. All property rights to the photos and all texts on the website of fenix.pl belong to the store. Upon purchase of the product, the property copyrights to the photos, texts do not pass to the customer.

2. The use of materials, including images and texts contained on the website www.kolba.pl without the consent of their author or the holder of the property copyright, for any purpose other than related to fenix.pl products, constitutes a violation of copyright law, even if it does not involve the receipt of material benefits.

§ 7 Rules for processing personal data of Customers who are not legal entities.

1. Personal data provided by the Customer who is not a legal entity are processed for the purpose of entering into and executing the sales agreement concluded based on the content of these Terms and Conditions. Providing personal data required for the purchase process (name, address, telephone number, e -mail address) is voluntary but necessary for the execution of the contract. The data may also be processed in connection with a legal obligation or a legitimate interest pursued by the store owner (e.g. handling complaints and requests, direct marketing, asserting claims). The basis and principles for the processing of personal data contained in the identity document are described in § 8 of the Regulations.

2. The Customer may additionally grant permission to process his/her data for purposes other than those indicated in paragraph 1 above, in particular for:

   • establishing a User account and administering it,

   • providing access to e-mail newsletter service,

   • participation in contests and promotional actions,

   • saving data in cookies and collecting data from websites and mobile applications,

   • marketing, including profiling for marketing and analytical purposes.

   Each time such consent will be given for the purpose and to the extent described in the content of the individual statement marked by the Client. Providing personal data and granting consents is voluntary but necessary for the proper implementation of the services for which consent has been given or for the purpose of participating in a contest or promotional action.

3. The administrator of the personal data is: KOLBA sp. z o.o. (formerly Łukasz Matuszczak PPHU KOLBA) Wiejska 46, 41-253 Czeladź, NIP 6252483366 REGON 522708960 KRS 0000984915. In all matters relating to the processing of personal data by the Administrator and the exercise of rights related to the processing of personal data, you can contact the e-mail address: [email protected], or in writing to the above address of the Administrator with the note "personal data".

4. The basis for the processing of personal data referred to in paragraphs 1 and 2 above is, respectively:

   • the consent granted, in the case of granting the consent referred to in paragraph 2,

   • the need to process personal data in order to perform a contract, or a legal obligation, or in accordance with the legitimate interest referred to in paragraph 1.

   • Personal data will be stored until the statute of limitations for claims under the contract/provision of services, or until the expiration of the obligation to store data under the law, in particular record-keeping and accounting and tax obligations. Where personal data is processed based on the legitimate interest of the Administrator, personal data will not be processed for a specific purpose if the Client objects to such processing. Where personal data is processed based on the Customer's consent, personal data will be processed until the consent is withdrawn.

   • The Customer has the right to withdraw consent at any time. Withdrawal of consent does not affect the lawfulness of processing that was carried out on the basis of consent before its withdrawal. The Customer has the right to request from the Administrator access to his/her personal data (whereby each Customer, after creating a User account on the store's website, has the ability to access his/her personal data and correct and change it through the form in the "User Profile"), and in situations provided by law: to request their rectification, deletion, to object to processing or to request restriction of processing. In addition, the customer has the right to transfer data and the right to lodge a complaint to a supervisory authority. The above rights also apply in the case of proper data processing by the Administrator.

   • The Customer's personal data may be made available to entities processing data at the Administrator's direction, including those providing IT services, courier services, payment processing, debt collection, mail delivery, legal services and other specialized services. Such entities process data only on the basis of a contract with the Administrator and in accordance with the Administrator's instructions.

   • The Customer's actions resulting in the loss of the Administrator's right to process personal data referred to in paragraph 1 may prevent the execution of the sales contract.

   • During the Customer's visit to the store's website, data such as IP address, domain name, browser type, operating system type are collected in an automated manner. This data can be used to analyze the behavior of website users, to collect demographic data about users or to personalize website content. In any case, before profiling on the basis of which decisions will be made:

     • having legal effects on the customer,

     • affecting him in a similar significant manner.

     The Customer will be asked to consent to the above. The consent in question may be withdrawn at any time. In any case, the Client has the opportunity to object to profiling in order not to be affected by it.

   • Personal data at the Administrator's disposal are processed and secured in accordance with the applicable laws governing the protection of personal data of individuals, including: the Regulation of the European Parliament and of the Council (EU) 206/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (RODO).

§ 8 Final Provisions

1. In matters not regulated by these Regulations, the relevant provisions of the Civil Code or other relevant acts of law, in particular the Act of May 30, 2014 on consumer rights, shall apply.

2. The Customer has the possibility to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures. Detailed information on the possibility for a Customer who is a consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:

   • http://www.uokik.gov.pl/spory_konsumenckie.php
   • http://www.uokik.gov.pl/sprawy_indywidualne.php
   • http://www.uokik.gov.pl/wazne_adresy.php

§ 9 Withdrawal from the contract

1. If you wish to withdraw from the contract, please fill out the form, print it and send it back by mail to KOLBA sp. z o.o. (formerly Łukasz Matuszczak PPHU KOLBA) Open the form.