Store policy

Terms and Conditions of the fusima.online store

A. Preliminary provisions

1. The online store fusima.online, available at the internet address https://fusima.online, is operated by Magdalena Skrzypek-Jabłońska, conducting business activity under the name FUSIMA Magdalena Skrzypek-Jabłońska, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, NIP: 792-182-78-09, REGON: 384437044.
2. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.

B. Definitions

1. Consumer - a natural person who concludes a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.
2. Seller - a natural person conducting business activity under the name FUSIMA Magdalena Skrzypek-Jabłońska, entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for the economy, TIN: PL7921827809, REGON: 384437044.
3. Customer - any entity making purchases through the Store.
4. Entrepreneur - a natural person, legal person, and organizational unit that is not a legal person, to which a separate law grants legal capacity, conducting business activity on its own behalf, which uses the Store.
5. Store - an online store operated by the Seller at the internet address https://fusima.online.
6. Distance contract - a contract concluded with the Customer within an organized system of distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment of conclusion of the contract.
7. Terms and Conditions - these Terms and Conditions of the Store.
8. Order - a declaration of will made by the Customer using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
9. Account - a customer account in the Store, where data provided by the Customer and information about Orders placed by them in the Store are collected.
10. Registration form - a form available in the Store, enabling the creation of an Account.
11. Order form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
12. Shopping Cart – an element of the Store's software where the Products selected by the Customer for purchase are visible, and where it is possible to determine and modify the Order details, in particular the quantity of products.
13. Product – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
14. Sales Agreement – an agreement for the sale of a Product concluded between the Customer and the Seller via the Online Store. The Sales Agreement also means, depending on the characteristics of the Product, an agreement for the provision of services and a contract for specific work.

C. Contact with the Store

1. Seller's address: FUSIMA Magdalena Skrzypek-Jabłońska, Krasne 1036D, 36-007 Krasne, Podkarpackie Province, Poland
2. Seller's email address: kontakt@fusima.pl
3. Seller's phone number: +48 886 735 111
4. Seller's bank account number IBAN: PL63 1600 1462 1888 7826 4000 0001 BIC: PPABPLPKXXX
5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may contact the Seller by phone between 9 a.m. and 5 p.m. on weekdays, excluding public holidays and days off work.

D. Technical requirements

In order to use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

1. a device with Internet access and a web browser such as Chrome, Firefox, Edge, etc.,
2. an active email account,
3. cookies enabled.

E. General

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
2. Browsing the Store's assortment does not require creating an Account. The Customer may place orders for Products available in the Store's assortment either after creating an Account in accordance with the provisions of Section F of the Terms and Conditions or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
3. The prices listed in the Store are given in Polish zlotys and are gross prices (including VAT).
4. The final (total) amount to be paid by the Customer consists of the price of the Product and the delivery cost (including transport, delivery, payment method, and postal services), which the Customer is informed about on the Store's website when placing the Order, including at the moment of expressing their will to be bound by the Sales Agreement.

F. Creating an Account in the Store

1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: e-mail address, and optionally First Name, Last Name, telephone number, street and house or building number, postal code, city.
2. Creating an Account in the Store is free of charge.
3. Logging in to the Account is done by entering the login and password established in the Registration Form.
4. The Customer may, at any time, without giving any reason and without incurring any fees, delete the Account by sending a request to the Seller, in particular by e-mail or in writing to the addresses provided in section C.

G. Rules for placing an Order

In order to place an Order, you must:

1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the “Add to cart” button (or equivalent);
3. log in or use the option to place an Order without registration;
4. if you have chosen to place an Order without registration, you must complete the Order Form by:
• providing the details of the recipient of the Order,
• providing the address to which the Product is to be delivered,
• selecting the type of shipment (method of delivery of the Product),
• entering the invoice details,
5. clicking the “Order and pay” button/clicking the “Order and pay” button and confirming the order by clicking on the link sent in the e-mail,
6. selecting one of the available payment methods and, depending on the payment method, paying for the order within the specified time limit, subject to section H, point 3.

H. Delivery and payment methods offered

1. The Customer may use the following Product delivery methods:
• registered company shipment,
• courier shipment,
• parcel locker shipment,
• shipment to a pickup point.
2. Personal pickup is not available.
3. The Customer may use the following payment methods:
• electronic payments,
• payment by payment card,
• cash on delivery.
4. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
5. The entities providing online payment services for card payments are Blue Media S.A. and PayPro S.A.
1. Supported payment card types: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic.
2. If it is necessary to refund the funds for a transaction made by the customer with a payment card, the seller will refund the amount to the bank account assigned to the Ordering Party's payment card.

I. Performance of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with section G of the Terms and Conditions.
2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Customer an appropriate e-mail to the e-mail address provided by the Customer when placing the Order, which shall contain at least the Seller's statement of receipt of the Order and its acceptance for execution, as well as confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3. If the Customer chooses to pay by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.
4. The Product will be shipped by the Seller within the time specified in its description (subject to paragraph 5 of this section), in the manner chosen by the Customer when placing the Order.
5. In the case of ordering Products with different delivery dates, the delivery date is the longest date specified.
6. The start of the delivery period for the Product to the Customer shall be calculated as follows:
1. if the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date on which the Seller's bank account is credited.
2. in the case of ordering Products with different dates of readiness for collection, the date of readiness for collection shall be the longest date specified.
7. The Product is delivered within the European Union.
8. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services) are indicated to the Customer on the Online Store website in the tab “Delivery time and costs”.
9. If the Customer chooses to pay by bank transfer or payment card, the order processing time is counted from the date on which the Seller's bank account or settlement account is credited.

J. Right to withdraw from the contract

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in point 1 begins on the day of delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
3. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the statement before the expiry of that period.
4. The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address - the Seller's contact details are specified in section C. The statement may also be submitted on the form provided in Appendix 1 to these Terms and Conditions and in the appendix to the Act of May 30, 2014 on consumer rights, but this is not mandatory.
5. If the Consumer sends the statement electronically, the Seller shall immediately send the Consumer confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
6. Effects of withdrawal from the Agreement:
1. In the event of withdrawal from a distance Agreement, the Agreement shall be deemed not to have been concluded.
2. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the goods, except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
3. The Seller shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution which does not involve any costs for the Consumer.
4. The Seller may withhold the refund until the Product is received.
7. The Consumer should return the Product to the Seller's address provided in these Terms and Conditions immediately, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back before the expiry of the 14-day period.
8. The Consumer bears the direct costs of returning the Product.
9. The Consumer shall only be liable for any reduction in the value of the Product resulting from its use in a manner other than that necessary to establish the nature, characteristics, and functioning of the Product.
10. The right to withdraw from a distance contract is not available to the Consumer in relation to a Contract:
1. where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
2. where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery,
3. where the subject of the service is a perishable item or an item with a short shelf life,
4. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance of the service that they would lose their right to withdraw from the Agreement once the Seller had performed the service,
5. 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 expiry of the withdrawal period,
6. in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items,
7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and which can only be delivered after 30 days and whose value depends on fluctuations in the market over which the Seller has no control,
8. where the subject of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
9. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts,
10. for the delivery of digital content which is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the expiry of the withdrawal period and after the Seller informed the Consumer about the loss of the right to withdraw from the Contract.

K. Complaints and warranty

1. The Sales Agreement covers new and used products, and their condition is described in the product card.
2. The Seller is obliged to deliver the item to the Customer free from hidden defects.
3. In the case of goods of natural origin, the following are not considered defects:
1. uneven coloring resulting from the natural properties of the material,
2. damage resulting from improper use, e.g. caused by exposure to very high or low temperatures, cleaning with chemicals, exposure to prolonged contact with water and chemicals, aggressive/improper mechanical cleaning,
3. natural wear and tear of the product, e.g. scratches, abrasions,
4. natural dirt and artifacts,
5. naturally occurring changes,
6. natural differences in product color, e.g., stones,
7. natural, variable texture of products, decorative and precious stones.
4. In the event of the sale of a product with defects described in the product description, e.g., loss, breakage, and others, such a defect does not constitute grounds for a complaint.
5. In the event of a defect in goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions of the Civil Code regarding warranty.
6. Complaints should be made in writing or by email to the Seller's addresses provided in these Terms and Conditions. (You can use the ready-made form in Appendix 2 to these Terms and Conditions).
7. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer making the complaint, and the Customer's request in relation to the defect in the goods.
8. The Seller shall respond to the complaint immediately, no later than within 14 days, and if it fails to do so within this period, the Customer's request shall be deemed justified.
9. Goods returned under the complaint procedure should be sent to the address provided in section C of these Terms and Conditions.
10. If a warranty has been granted for the Product, information about it and its content will be included in the Product description in the Store.

L. Out-of-court complaint handling and redress

1. Detailed information on the possibilities for the Consumer to use extrajudicial means of complaint handling and redress, as well as the rules for accessing these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of out-of-court complaint and redress options:
3. The consumer is entitled to refer the matter to a permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for resolution of a dispute arising from the Agreement concluded with the Seller.
4. The consumer is entitled to refer the matter to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable resolution of the dispute between the Consumer and the Seller.
5. The Consumer may obtain free assistance in resolving a dispute between them and the Seller by also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers).

M. Personal data in the Online Store

1. The Seller is the administrator of personal data of Customers collected via the Online Store.
2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of performing the Sales Agreement and, if the Customer agrees, also for marketing purposes.
3. The recipients of personal data of Customers of the Online Store may be:
1. In the case of a Customer who uses the Online Store to deliver their order by post or courier, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
2. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, however, failure to provide the personal data specified in the Terms and Conditions that is necessary to conclude a Sales Agreement will result in the inability to conclude the agreement.
6. Opinions about the online store
1. The Seller may launch and provide customers with the option of voluntarily and free of charge submitting opinions on purchases made in the Store. The subject of the opinion may also be an evaluation, photo, or review of a product purchased in the Store.
2. After purchases have been made in the Store, the Seller sends an email to the Customer with a request to submit an opinion and a link to an online form enabling its submission – the online form allows the Customer to answer the Seller's questions about the purchases, evaluate them, add their own description of the opinion and a photo of the purchased product. If no opinion is submitted after receiving the first invitation to submit an opinion, the Seller will resend the invitation.
3. An opinion may only be submitted by a Customer who has made purchases in the Seller's Store.
4. Opinions submitted by the Customer are published by the Seller in the Store and on the TrustMate.io business card.
5. The submission of reviews may not be used by the Customer for unlawful activities, in particular for activities constituting unfair competition against the Seller or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
6. Reviews may only be posted for products actually purchased in the Seller's Store. It is prohibited to enter into fictitious/sham sales contracts for the purpose of posting reviews. The Seller or its employees, regardless of the basis of their employment, may not be the authors of reviews.
7. Reviews may be deleted by their authors at any time.

N. Final provisions

1. Contracts concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e. changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of any changes at least 7 days in advance.
3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Act on consumer rights; the Act on the protection of personal data.
4. The Customer has the right to use out-of-court complaint and redress procedures. To this end, they may lodge a complaint via the EU ODR platform available at: http://ec.europa.eu/consumers/odr/.