STATUTE

Regulations of 1 January 2021

consumer sale of goods in the online store "FutCards.pl"

GENERAL RULES

§1

The Regulations define the rules for the provision of services by electronic means in the scope of the sale and delivery of goods at a distance, i.e. without the simultaneous presence of the parties to the contract, as well as for filing and considering complaints from Buyers and returning goods, conducted in the "FutCards.pl" store (hereinafter referred to as the "Store" or "Seller"), on the Internet at https://futcards.pl
The Seller within the meaning of these Regulations is FSI TECHNOLOGY SC Sebastian Śliwa, Łukasz Szulc; ul. Ogrodowa 29, 64-300 Nowy Tomyśl, NIP: 7882009307, REGON: 366850717, telephone: 733-874-011, e-mail address: futcards.pl@gmail.com
The Buyer within the meaning of these Regulations is exclusively a consumer within the meaning of Article 22(1) of the Civil Code.

§2

These Regulations define the rules and conditions of selling goods only in the Store operated on the Internet at https://fsi-technology.pl. The Seller may sell goods in a different way, including through other stores or online sales platforms. These Regulations do not apply to the sale of goods by the Seller outside the "FutCards" Store operated outside the address https://futcards.pl
The Seller provides the price of the goods in Polish zloty and in gross values (including VAT).
The stated price of the goods does not include the cost of delivery of the goods to the Buyer, which are calculated based on the costs incurred to deliver the goods to the Buyer. Information on shipping costs is provided each time in the description of the goods.
The seller is obliged to deliver goods free from defects.

§3

Any natural person who is a consumer may become a user of the Store after completing the purchase form in the Store's system.
In connection with the execution of orders, in particular the documentation of the sale and delivery of goods, the Seller may process the following data provided by the Buyer:

1) name and surname,

2) residential address,

3) e-mail address,

4) delivery address,

5) telephone number.
The Seller may process personal data provided by the Buyer solely for the purpose of proper performance of obligations arising from concluded contracts, including the sales contract, and in particular:

1) document the sale in the manner prescribed by law,

2) delivery of goods in the manner and to the address indicated by the Buyer,

3) handling returns and complaints.
The Seller processes the personal data provided by the Buyer based on the consent expressed by the Buyer, as well as in a manner consistent with the Personal Data Protection Act and the Act on the provision of electronic services. The Buyer has the right to access their data, as well as to correct them and request their removal.
The Seller does not transfer or make available personal data to other data controllers, except for situations necessary for the proper performance of the obligation.
The provision of personal data by the Buyer is completely voluntary, but is required for the proper performance of the concluded contract.
The Buyer may request the Seller to delete their Store user account. In such a case, the Seller deletes data related to the Buyer's activity in the Store. The Seller may process data related to concluded sales agreements, in particular during the period necessary to consider complaints and other claims of Buyers.

PLACING AND PROCESSING ORDERS, PAYMENTS

§4

The information provided in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. None of the information provided in the Store by the Seller constitutes an offer within the meaning of the provisions of the Civil Code.
The invitation to conclude a contract expressed by the Seller specifies in particular:

1) type of goods,

2) a short description of the goods,

3) the price of the goods,

4) estimated order completion time.
The Buyer may submit to the Seller an offer to conclude a sales contract for goods by selecting the goods using the appropriate functionality of the Store (adding to the "basket" and confirming the ordered goods in the basket).
When submitting an offer, the Buyer provides data and information necessary for the proper execution of the order, in particular the data indicated in paragraph 3, section 3.

§5

The Seller shall immediately upon receipt of the offer confirm its acceptance to the Buyer by means of a message sent to the Buyer's e-mail address.
The Seller may, immediately after receiving the offer from the Buyer, refuse to accept the offer if its implementation is impossible.
After the Seller accepts the offer, the Buyer may pay for the goods and shipping in one of the following ways:

1) by bank transfer, directly to the Seller's account,

2) via the secure BlueMedia transaction system

3) in cash when collecting the goods from the courier in the case of cash on delivery.
Delivery of goods takes place in one of the following ways selected by the Buyer:

1) DPD courier delivery after prepayment
2) DPD courier delivery with cash on delivery

3) By InPost courier after prepayment

4) By InPost courier, cash on delivery
Detailed charges for the delivery of goods are provided in the sales offer and in the Options and delivery costs tab.
Prices and shipping options apply only to orders with delivery within Poland. Please arrange delivery for orders outside of our country individually with our store staff.

§6

The Seller shall fulfill the order within the time specified for each type of goods, which includes the fulfillment time and delivery time:

1) "We will ship within 24 hours" lead time - the goods are in stock, the shipment will take place within 24 hours of payment of the price for the goods and the shipping fee, or of choosing cash on delivery,

2) "We will ship within 24 hours" lead time - the goods are in stock, the shipment will take place within 72 hours of payment of the price for the goods and the shipping fee, or of choosing cash on delivery,
If the order cannot be fulfilled due to, for example, temporary unavailability of the ordered goods, the Seller shall immediately inform the Buyer thereof, indicating at the same time the right to:

1) the Buyer withdraws from the contract in its entirety. If the Buyer chooses this option, the Seller shall immediately return the entire price paid by the Buyer and the delivery fee incurred. The Seller is released from the obligation to fulfill the order in its entirety,

2) the Buyer withdraws from the order in part. If the Buyer chooses this option, the Seller immediately returns the appropriate part of the price paid by the Buyer. The Seller executes the order in the remaining part,
Regardless of the provisions of paragraph 2, if the order cannot be fulfilled due to, for example, temporary unavailability of the goods, the Seller may, with the Buyer's consent, deliver other goods for the same purpose and of the same quality and price. The Buyer has the right to return the goods delivered in this way at the Seller's expense, observing the 14-day deadline.

SELLER'S LIABILITY FOR GOODS DEFECTS

§7

Pursuant to Article 558§1 of the Civil Code, the Seller completely excludes liability towards Customers for physical and legal defects ( WARRANTY ).
The Seller is liable to the Consumer under the terms specified in Article 556 of the Civil Code and subsequent articles for defects ( WARRANTY ).
In the case of a contract with a Consumer, if a physical defect is discovered within one year from the date of delivery of the item, it is assumed that it existed at the time the risk was transferred to the Consumer.
If the sold item has a defect, the consumer may:

1) submit a statement requesting a price reduction;

2) submit a declaration of withdrawal from the contract;

Unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect, he is not entitled to replace the item or remove the defect.
The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item with a defect-free one or, instead of replacing the item, request the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby when assessing the excessive costs, the value of the item free from defects, the type and significance of the identified defect are taken into account, as well as the inconvenience to which the Consumer would be exposed in another manner of satisfaction.
The consumer cannot withdraw from the contract if the defect is insignificant.
If the sold item is defective, the consumer may also:

1) demand the replacement of the item with a defect-free one;

2) demand that the defect be removed.
The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to another possible manner of bringing the item into conformity with the contract.
In the event that the defective item has been installed, the Consumer may request that the Seller dismantle and reinstall it after replacing it with a defect-free item or removing the defect, but is obliged to bear part of the costs associated with this exceeding the price of the item sold or may request that the Seller pay part of the costs of dismantling and reinstalling it, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
A consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure to fulfill the obligation by the Seller, the Consumer is entitled to return the item at the Seller's expense and risk.
The costs of replacement or repair are borne by the Seller, except for the situation described in §7 point 10.
The Seller is obliged to accept defective goods from the Consumer in the event of exchanging the goods for defect-free ones or withdrawal from the contract.
The Seller will respond within fourteen days to:

1) a statement requesting a price reduction;

2) declaration of withdrawal from the contract;

3) demand the replacement of the item with a defect-free one;

4) demand that the defect be removed.

Otherwise, it is considered that he has recognised the Consumer's statement or request as justified.
The Seller is liable under the warranty if the physical defect is discovered within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer.
The Consumer's claim for removal of a defect or replacement of the sold item with a defect-free item is subject to a limitation period of one year, counted from the date the defect was discovered, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer.
If the shelf life of the item specified by the Seller or manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of the item found before the expiry of that period.
Within the time limits specified in §7 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer requested the replacement of the item with a defect-free one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or price reduction begins upon the ineffective expiry of the time limit for replacement of the item or removal of the defect.
In the event of a claim before a court or arbitration tribunal for one of the warranty rights, the time limit for exercising other rights to which the Consumer is entitled under this title shall be suspended until the final conclusion of the proceedings. The same shall apply to mediation proceedings, with the time limit for exercising other warranty rights to which the Consumer is entitled starting to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective conclusion of mediation.
§7 points 15-16 shall apply to the exercise of warranty rights for legal defects of the sold item, provided that the period begins to run from the day on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of a lawsuit by a third party - from the day on which the judgment issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or a reduction in the price, he may demand compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent to which he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to compensate for damage on general principles.
The expiry of any time limit for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
The Seller, if it is obliged to provide a service or financial benefit to the Consumer, shall perform it without undue delay, no later than within the time limit provided for by law.

RIGHT OF WITHDRAWAL FROM THE CONTRACT

§8

The Buyer may withdraw from the concluded sales contract within 14 days from the date of delivery of the goods to the Buyer without giving any reason and without incurring any costs (except for shipping costs).
The Buyer withdraws from the concluded sales contract by submitting to the Seller a declaration of withdrawal from the contract in any manner, in particular:

1) on an electronic form, using the model withdrawal form or another appropriate form,

2) by sending a declaration by post to the entrepreneur's address: FSI TECHNOLOGY SC Sebastian Śliwa, Łukasz Szulc; ul. Ogrodowa 29, 64-300 Nowy Tomyśl, NIP: 7882009307, REGON: 366850717, telephone: 733-874-011, e-mail address: futcards.pl@gmail.com

WITHDRAWAL FORM SAMPLE

a) to be sent electronically, e.g. by e-mail to futcards.pl@gmail.com

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– FSI TECHNOLOGY SC Sebastian Śliwa, Łukasz Szulc;

Ogrodowa 29, 64-300 Nowy Tomyśl, NIP: 7882009307, REGON: 366850717,

e-mail address: fsi-technology@wp.pl

– I/We __________________ hereby inform about my/our withdrawal from the sales contract for the following items:
_____________________________________________

_____________________________________________

– Date of receipt of goods: ___________________

– Consumer's name and surname: ___________________________

– Consumer address: ___________________________

Date of form submission: __________________

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OR b) to be printed and sent by post

- in *.DOC format /LINK/
- in *.PDF format /LINK/

To meet the deadline, it is sufficient to send the declaration before it expires.
In the event of withdrawal from the contract, the contract is deemed not to have been concluded. If the Buyer has submitted a declaration of withdrawal from the contract before the Seller has accepted his offer in the manner specified in paragraph 5, section 1 of the regulations, the offer ceases to be binding.
In the event of withdrawal from the contract, the Buyer is obliged to return the item to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before it expires. The Buyer bears only the direct costs of returning the item.
The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Buyer all payments made by him.
The Seller shall refund the payment using the same method of payment that was used by the Buyer, unless the Buyer has expressly agreed to another method of refund that does not involve any costs for the Buyer.
The Seller may withhold the refund of payments received from the Buyer until it receives the item back or until the Buyer provides proof of sending it back, depending on which event occurs first.
Given that the Seller has informed the Buyer about the right to withdraw from the concluded contract, as well as the manner and deadlines for withdrawal, the Buyer shall be liable for any reduction in the value of the goods resulting from their use in a way that goes beyond what is necessary to establish their nature, characteristics and functioning.

§9

The Seller informs the Buyer that the right to withdraw from the contract specified in paragraph 8 of the Regulations does not apply to the Buyer in relation to sales contracts:

1) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;

2) where the subject of the provision is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet his individual needs (this applies in particular to personalized products in which, at the Buyer's request, significant interference was carried out in the product's structure, such as mechanical or laser engraving);

3) where the subject of the service is an item that spoils quickly or has a short shelf life;

4) where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

5) where the subject of the performance are items that after delivery, due to their nature, are inseparably connected with other items;

6) where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery;

7) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur informed him of the loss of the right to withdraw from the contract;

8) for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements.

COMPLAINTS

§10

Each user of the Store may submit to the Seller a complaint related to irregularities in the functioning of the Store or the concluded contract, in particular:

1) concerning the goods for which the parties have concluded a sales agreement,

2) the method of delivery of the goods,

3) irregularities in the functionalities of the Store,

4) product description.
The products offered in the store are brand new and original. The Seller is responsible for physical or legal defects of the Goods under Article 556 and subsequent articles of the Civil Code.
The Seller takes steps to ensure the proper functioning of the Store, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by Customers within a reasonable time.
Any item purchased in the store may be subject to a complaint in accordance with the deadlines and terms of complaints specified in the relevant legal provisions, if it has defects constituting its non-conformity with the concluded sales contract.
Complaints can be submitted by post by sending the goods together with a written description of the defect or a complaint form downloaded from the Store's website and proof of purchase in the Store, by registered mail or other form of delivery, to the following address:

FSI TECHNOLOGY SC
RETURNS AND COMPLAINTS
29 Ogrodowa Street
64-300 Nowy Tomysl

The customer will receive information on how the complaint will be handled within 14 days from the day following the receipt by the Store of the parcel containing the complained goods.
If the Goods are defective, the Customer is entitled to the following claims under Article 556 and Article 561 of the Civil Code:

a) submitting a declaration of withdrawal from the Agreement or reduction of the price of the Goods, unless the Seller immediately and without excessive inconvenience to the Buyer replaces the Goods with defect-free ones or removes the defect, or

b) demand that the Goods be replaced with defect-free goods or that the defect be removed.
If the complaint is rejected, the goods will be returned together with an opinion as to the invalidity of the complaint.
If the Customer notices damage to the goods during transport, it is recommended that the Customer draws up a damage report in the presence of the courier or, as appropriate, selects the complaint option on the screen of the Parcel Locker from which the shipment is collected.

§11

The Seller declares that:

1) has not submitted to the code of good practices specified in Article 2, point 5 of the Act on Counteracting Unfair Market Practices,

2) The Buyer is not obliged to make any purchases in the Store.

PROVISION OF SERVICES - TECHNICAL CONDITIONS

§12

The Seller specifies the following technical conditions for the provision of services electronically:

1) The Buyer should use a device that allows the use of the Internet, in particular a PC or similar computer,

2) the use of services requires the device to be equipped with a web browser in the Firefox XXX, MS Internet Explorer XXX, Opera XXX, Chrome XXX version – or higher,

3) the browser should allow acceptance of cookies and have JavaScript enabled.
The Seller declares that within the Store system it uses cookies to collect information related to the use of the "FSI-TECHNOLOGY" online store by the Customer, in particular in order to maintain the logged-in service user's session and to adapt the display of sales offers to the needs of service users.
The Seller declares that within the Shop system it processes the following operational data of users of the online service within which the Shop is run:

1) IP address,

2) browser version,

3) browser type,

4) host,

5) operating system.

§13

Any disputes arising from the concluded sales agreement shall be subject to resolution by common courts, whose jurisdiction is determined by the provisions of the Civil Code.
The Buyer may, notwithstanding the provisions of paragraph 1, request the Seller to amicably settle any dispute concerning the concluded contract or other matters concerning these Regulations.

§14

The Seller may, for important reasons, make changes to these regulations. The change to the regulations is made by announcing its new content in the store and comes into effect after 14 days from the date of informing the Buyers.
Important reasons include in particular:

1) changes in legal regulations,

2) expansion of the functionality of the Store, in particular the commencement of the provision of new services by the Seller,

3) changing the method of providing services involving the provision of information to Buyers
The Seller informs Buyers about the change of the regulations by means of information on the Store's website and by means of individual information sent to the e-mail address. After receiving information about the change of the regulations, the Buyer has the right to terminate the concluded agreement within one month from the date of receiving the information.

§15

In matters not regulated in the Regulations, the following provisions shall apply:

1) the Civil Code, in particular the part concerning sales,

2) Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).

§16

The Regulations enter into force on 25 December 2014 and apply to sales contracts concluded from that date.
In relation to sales agreements concluded before that date, the regulations shall apply accordingly, i.e. taking into account the differences resulting from the provisions:

1) Act of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product (Journal of Laws of 2012, item 1225),

2) the Act of 27 July 2002 on specific terms and conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176, as amended).

PERSONAL DATA

§17

In the store https://fsi-technology.pl we respect the Buyer's privacy . The Buyer acknowledges that his/her personal data is processed for the purpose of implementing the Account Management Agreement, implementing the sales agreement and handling complaints. The Buyer acknowledges that:

1) The controller of his personal data processed for the purpose of order fulfillment is FSI TECHNOLOGY SC Sebastian Śliwa, Łukasz Szulc; ul. Ogrodowa 29, 64-300 Nowy Tomyśl, NIP: 7882009307, REGON: 366850717

2) You have the right to access your data for the purpose of checking and verifying it,

3) The Client has the right to request the Administrator to delete his/her personal data, whereby the deletion of data by the Administrator means that the orders of a given Client cannot be fulfilled and that the Buyer's Account cannot be maintained.

4) Providing data is voluntary,

5) The information provided is accessible to the Seller's employees or companies directly involved in the store's operation and the execution of the Order, as well as in the processing of the purchase transaction (e.g. a courier company to which the data necessary for the delivery of the parcel is transferred, a company authorizing payment transactions). In exceptional situations, the Buyers' personal data may be disclosed to state authorities. Such a situation may occur when it is required by law or when it is necessary to protect the Operator against illegal or harmful activities.

6) Detailed information regarding the processing of personal data by the Seller is included in the Privacy Policy document.

INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

A customer who is a consumer within the meaning of the relevant legal provisions has the right to withdraw from the sales contract without giving any reason, under the terms described below.
The time limit for withdrawal from the contract for the sale of Goods expires after 14 days from the day on which the Customer came into possession of the Goods or on which a third party other than the carrier and indicated by the Customer came into possession of the Goods.
In order to exercise the right to withdraw from the contract, the Customer should inform the Store about their decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by traditional mail or e-mail), sent to the following address: FSI TECHNOLOGY SC; ul. Ogrodowa 29, 64-300 Nowy Tomyśl
Customers may use the model withdrawal form that will be sent to you via email immediately after confirming the order, but this is not mandatory. Customers may also complete and send a scan of the withdrawal form or any other unequivocal statement by email to the following email address: fsi-technology@wp.pl . If the Customer uses this option, the Store will immediately send the Customer confirmation of receipt of the information on withdrawal from the agreement on a durable medium (e.g. email).
To meet the deadline for withdrawal from the contract, it is sufficient for the Customer to send information concerning the exercise of his right to withdraw from the contract before the deadline for withdrawal expires.
The Customer shall return the Goods, in respect of which the contract is being withdrawn, to the following postal address: FSI TECHNOLOGY SC; ul. Ogrodowa 29, 64-300 Nowy Tomyśl immediately, and in any case no later than 14 days from the day on which he informed the Store about the withdrawal from this contract. The deadline is met if the Customer sends the item back before the expiry of the 14-day period.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

If you withdraw from this contract, we will refund all payments received from you. (excluding shipping costs), immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will make the repayment using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of this repayment.

We may withhold reimbursement until we receive the goods or until you provide us with proof that you have sent back the goods, depending on which event occurs first.

Please return or hand over the goods to us immediately and in any case no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you return the goods before the expiry of the 14-day period.

You will have to bear the direct costs of returning the items.

You are only liable for any reduction in the value of the item resulting from using it in a manner other than necessary to establish the nature, characteristics and functioning of the item.

The entity providing online payment services is Blue Media SA