Terms of service
ONLINE STORE REGULATIONS
§ 1 GENERAL PROVISIONS
The store https://shop.drfrankels.com operates based on the principles defined in these Regulations.
The Regulations specify the terms and conditions for entering and terminating Product Sale Agreements, the complaint procedure, as well as the types and scope of services provided electronically by the Store https://shop.drfrankels.com, the rules for providing these services, and the conditions for entering and terminating agreements for the provision of electronic services.
Each User, upon taking steps to use the Electronic Services of the Store https://shop.drfrankels.com, is obliged to comply with the provisions of these Regulations.
In matters not regulated by these Regulations, the provisions of:
- the Act on Electronic Services of July 18, 2002,
- the Consumer Rights Act of May 30, 2014,
- the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
- the Civil Code of April 23, 1964, and other relevant provisions of Polish law apply.
§ 2 DEFINITIONS CONTAINED IN THE REGULATIONS
ORDER FORM – a form available on the website https://shop.drfrankels.com that allows placing an Order.
CLIENT – the User who intends to conclude or has concluded a Product Sale Agreement with the Seller.
CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
ENTREPRENEUR – a natural person, legal person, and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activities on its own behalf.
PRODUCT – a movable item available in the Store, which is the subject of the Sale Agreement between the Client and the Seller.
REGULATIONS – these regulations of the Store.
STORE – the online store operated by the Service Provider under the address https://shop.drfrankels.com.
SELLER, SERVICE PROVIDER – Agnes Frankel, ul. Raszyńska 15/4, 02-026 Warszawa, NIP 6351808239, REGON 243277236.
SALE AGREEMENT – a Product Sale Agreement concluded between the Client and the Seller via the Store.
ORDER – the Client's declaration of intent constituting an offer to conclude a Product Sale Agreement with the Seller.
PRICE – the value expressed in monetary units that the Client is obliged to pay the Seller for the Product.
§ 3 INFORMATION ABOUT PRODUCTS AND ORDERING
The store https://shop.drfrankels.com sells Products via the Internet.
Products offered in the Store are new, compliant with the agreement, and legally introduced to the Polish market.
Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to buy a specific Product under the terms specified in its description.
The Price of the Product shown on the Store's website is in Polish zlotys (PLN) and includes all components. The Price does not include delivery costs.
Orders can be placed via the website using the Order Form (Store https://shop.drfrankels.com) – 24 hours a day, all year round.
The condition for placing an Order in the Store by the Client is to read the Regulations and accept their provisions at the time of placing the Order.
§ 4 CONCLUDING THE SALE AGREEMENT
To conclude a Sale Agreement, it is necessary for the Client to first place an Order by the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt.
Confirmation of Order acceptance, referred to in point 2 of this paragraph, binds the Client to their Order. Confirmation of Order receipt is made by sending an email.
The confirmation of Order receipt includes:
- confirmation of all significant elements of the Order,
- a withdrawal form,
- these Regulations containing instructions on the right to withdraw from the agreement.
Upon receiving the email referred to in point 4 of this paragraph, a Sale Agreement is concluded between the Client and the Seller.
Each Sale Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5 PAYMENT METHODS
The Seller provides the following payment methods:
- payment via an electronic payment system.
In the case of payment via an electronic payment system, the Client makes the payment before starting the Order execution. The electronic payment system allows for payment by credit card or fast transfer from selected Polish banks.
The Product will be sent only after it has been paid for.
§ 6 COST, DELIVERY TIME, AND METHODS
The delivery costs of the Product, which the Client covers, are determined during the Order placement process.
The delivery time of the Product consists of the time to complete the Product and the time for the Product to be delivered by the carrier:
- the time to complete the Products is 5 business days,
- the delivery of Products that are movable items by the carrier is within the timeframe declared by the carrier (delivery occurs only on business days excluding Saturdays, Sundays, and holidays).
Products purchased in the Store are sent only within Poland and EU countries via a courier company.
§ 7 PRODUCT COMPLAINTS
Complaints due to the Product's non-compliance with the agreement.
The basis and scope of the Seller's liability towards the Client who is a Consumer for non-compliance of the Product with the agreement are defined by the Consumer Rights Act of May 30, 2014.
The basis and scope of the Seller's liability towards the Client who is an Entrepreneur, under the warranty, are defined by the Civil Code of April 23, 1964.
The Seller is liable to the Client who is a Consumer for the non-compliance of the Product with the agreement existing at the time of delivery and revealed within 2 years from that time, unless the Product's validity period specified by the Seller or persons acting on their behalf is longer.
All rights of consumers described in this paragraph are also available to entrepreneurs making purchases for purposes related to their business, but not of a professional nature for the buyer.
Notifications of non-compliance of the Product with the agreement and appropriate requests can be made via email to: recepcja@drfrankels.pl or in writing to: Agnes Frankel, ul. Raszyńska 15/4, 02-026 Warsaw.
The above message in written or electronic form should provide as much information and circumstances regarding the subject of the complaint as possible, particularly the type and date of the irregularity occurrence and contact details. The provided information will greatly facilitate and expedite the complaint process by the Seller.
To assess the Product's irregularity and non-compliance with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.
The Seller will respond to the Client's request immediately, no later than within 14 days from the date of the complaint, and in the case of a Consumer complaint, failing to respond within 14 days is deemed acceptance of the complaint.
In connection with a justified Consumer complaint, the Seller will accordingly:
- cover the costs of repair or replacement and re-delivery of the Product to the Client,
- reduce the Product price (the reduced price must be proportional to the price of the compliant Product to the non-compliant Product) and refund the Consumer the value of the reduced price within 14 days from receiving the price reduction statement from the Consumer,
- in case of withdrawal from the agreement by the Consumer – refund the Product price within 14 days from the date of receiving the returned goods or proof of their return. In the event of withdrawal from the agreement, the Consumer is obliged to return the goods to the Seller immediately at the Seller's expense.
The response to the complaint is provided in writing or on another durable medium, e.g., email or SMS.
§ 8 RIGHT TO WITHDRAW FROM THE AGREEMENT
Subject to point 10 of this paragraph, a Client who is also a Consumer who has concluded a distance agreement may withdraw from it without providing reasons by submitting an appropriate statement within 14 days.
All rights of consumers described in this paragraph are also available to entrepreneurs making purchases for purposes related to their business, but not of a professional nature for the buyer.
In the event of withdrawal from the agreement, the Sale Agreement is considered not concluded, and the Consumer must return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date of withdrawal from the agreement, unless the Seller offered to collect the Product themselves. To meet the deadline, it is enough to return the Product before its expiration.
In case of withdrawal from the Sale Agreement, the Product should be returned to the address: Agnes Frankel, ul. Raszyńska 15/4, 02-026 Warsaw.
The Consumer is responsible for the decrease in the value of the Product resulting from using it beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product unless the Seller did not inform the Consumer or the entity referred to in § 10 about the manner and date of exercising the right to withdraw from the agreement and did not provide a withdrawal form. To ascertain the nature, characteristics, and functioning of the Products, the Consumer should handle and check them only in the same way they could do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the Product value along with delivery costs using the same payment method used by the Consumer unless the Consumer explicitly agreed to another refund method, which does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the date the Seller receives the statement of withdrawal from the Sale Agreement.
If the Consumer chose a delivery method other than the cheapest standard delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
If the Seller did not offer to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until the receipt of the item back or the provision of proof of its return, depending on which event occurs first.
The Consumer withdrawing from the Sale Agreement, in accordance with point 1 of this paragraph, bears only the cost of returning the Product to the Seller.
The fourteen-day period during which the Consumer can withdraw from the agreement is counted for the agreement under which the Seller releases the Product being obliged to transfer its ownership – from the day the Consumer (or a third party indicated by them, other than the carrier) took possession of the Product.
The right to withdraw from a distance agreement does not apply to the Consumer in the case of a Sale Agreement, among others, in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individualized needs.
The right to withdraw from the Sale Agreement applies to both the Seller and the Client in case of the other party's failure to fulfill their obligation within a strictly specified period.
§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider allows the use of the Electronic Service via the Store, which is the conclusion of Product Sale Agreements.
The provision of the Electronic Service to Users in the Store is carried out under the conditions specified in the Regulations.
The Service Provider has the right to place advertising content on the Store's website. These contents constitute an integral part of the Store and the materials presented in it.
§ 10 TERMS OF PROVIDING AND ENTERING AGREEMENTS FOR ELECTRONIC SERVICES
The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
The agreement for the provision of the Electronic Service consisting of enabling the submission of an Order in the Store is concluded for a definite period and terminates upon the submission of the Order or cessation of its submission by the User.
The technical requirements necessary for cooperation with the Service Provider's ICT system are:
- a computer (or mobile device) with Internet access,
- access to email,
- a web browser,
- Cookies and Javascript enabled in the web browser.
The User is obliged to use the Store in a manner consistent with the law and good customs, respecting personal rights and intellectual property rights of third parties.
The User is obliged to enter data consistent with the actual state.
The User is prohibited from providing unlawful content.
§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of the Electronic Service via the Store can be submitted by the User via email to: recepcja@drfrankels.pl.
In the above email message, as much information and circumstances as possible regarding the subject of the complaint should be provided, particularly the type and date of the irregularity occurrence and contact details. The provided information will significantly facilitate and expedite the complaint process by the Service Provider.
The Service Provider will consider the complaint immediately, no later than within 14 days from the date of its submission.
The Service Provider's response regarding the complaint is sent to the User's email address provided in the complaint or in another manner provided by the User.
§ 12 FINAL PROVISIONS
Agreements concluded through the Store are concluded in accordance with Polish law.
In case of inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law apply in place of the challenged provision of the Regulations.
All disputes arising from Sale Agreements between the Store and Consumers will be resolved primarily through negotiations, aiming for an amicable settlement of the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible or unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
Any disputes arising between the Service Provider and the User (Client) who is also a Consumer are subject to the courts competent according to the provisions of the Civil Procedure Code of November 17, 1964.
A Consumer also has the right to use out-of-court dispute resolution methods, in particular, by submitting a post-complaint request for mediation or a request for the case to be considered by an arbitration court (the request form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer can also use the free assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure are free of charge.
To amicably resolve the dispute, the Consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.
