TERMS OF SERVICE

I. GENERAL INFORMATION

1. Present statute determine rules of creating an account and  making orders in the Online Shop located and operating at: www.funnycase.pl

2. The owner and administrator of the shop is: Lock-Tel Jan Wydro stationing in Bochnia ul. Kościuszki 7 lok. 2, 32-700 Bochnia NIP 868-171-73-92 Regon: 852703199; Ewidencja Dział. Gosp. w Bochni,

e-mail adress:  office@funnycase.pl tel (+48) 12 210 00 80 (dostępne od pon. do pt. od godz. 8.00 do 16.00). Transfer information : BANK BZWBK 50 1090 1838 0000 0001 2989 1085.

3. Before making an order the Client is obligated to get acquainted with the statute.

4. At the latest when the consumer expresses his desire to be bound by contract being distant or outside of the premises, entrepreneur is obligated to inform the consumer in a clear way about:
a) An address where the consumer can make a complaint.

b) Entrepreneur’s obligation to deliver the product without defects or damages.

c) The codex of good practice, of which it is said in art. 2 pt 5 of law from 23th August 2017 about counteracting dishonest market practices and of way getting acquainted with them.

d) Possibilities of using extralegal ways of looking into customer complaint and investigating claims as well as about terms of accessibility of these procedures at consumer ombudsman at Kazimierza street 31, Bochnia 32-700 or in national inspectorate of trade.

II. PRICE AND MANNERS OF PAYMENT

1. Every price on the website of the shop are gross prices (They include VAT taxes) and are expressed in Polish Zloty (PLN). Cost of the transport(Poczta Polska) is included in the price.

2. You can pay for your shopping in following ways:

a) Prepayment with traditional transfer – after selecting this option the customer receives an email with the transfer information along with the bank number on which the payment shall be done.

b) Prepayment through Dotpay – after choosing this option the customer is redirected to the website of Dotpay, where he fills in his personal data and makes a transfer for the shopping.

c) Prepayment through tPay – after choosing this option the customer is redirected to the website of tPay, where he fills in his personal data and makes a transfer for the shopping.

3. Choosing the way of payments is up to the customer, which he shall do by choosing the right option.

III. TERMS OF TRANSPORT

1. Every product is sent via Poczta Polska or DPD courier in 3-5 days from receipt of payment.

2. Every product is carefully packed and secured

3. Receipt or the VAT invoice is attached to the parcel. If the customer wishes to receive the invoice, he shall notify the shop while making an order. Later notification will be accepted only if the shipment was not sent.

4. The shipments are realized only on the territory of Poland.

5. When receiving the shipment the customer is ought to make sure that it’s free of damage.

6. In the case of verifying a defect or damage of the shipment, it’s incompleteness or contradiction to the made order, the customer shall report this to the purveyor.

7. The damage protocol will contribute to better investigation of the complaint process.

 

IV. CONTRACT EXECUTION

1.  Orders and purchases are conditioned by a correctly filled contact form on the shop’s website.

2. A customer should be a legal person above the age of 18, being able to perform legal acts, legal person and organizational units not having legal personality, but being able to acquire rights and incur commitment in accordance with the law.

3. Making an order creates a client-side obligation of payment.

4. A contract about providing services is concluded by a Customer and the shop in the moment of making an order on the shop’s website, acceptation, until deleting the account by Customer or the Shop and contract about payable services is in force from the moment order is made until the period of warrant for the delivered product has lapsed.

5. While making an order, the Customer may give additional information needed to make out an invoice.

6. Every order, is confirmed by the shop in 24 hours from making an order, excluding public holidays.

In case of unavailability of confirmation of the order resulting in customers fault (ex. Wrong email, phone number), the order will be canceled in 48 hours from it’s making.

7. Contact between shop and the Customer is made via email, contact form or phone.

8. You can make an order 24/7 through the whole year, however they will not be realized on public holiday.

9. In case the product is not available on the store, the shop will inform the Customer immediately, at longest 3 days. In that case Customer has the right to resign from the order of a part of it, or switching the order for another product offered by the shop. In case of resignation from the whole order, or part of it, all prepayments shall be returned in7 days from receiving the resignation by the shop.

10. In case of any objection, especially those addressing the shipment, we ask you to contact the shop.

V. COMPLAINT PROCEDURE

1. The customer has the right to make a complaint on the product ordered from the shop, if it’s incompatible with the contract.

2. In case of any doubts in case of properties of the product, especially those which are not listed in the offer made by the shop, the Customer should ask the shop before making an order, by one of the contact methods indicated in act I pt. 2 of the statute. The shop is not responsible for any claims of the product properties, which it didn’t know in the moment of product release.

3. In the context of the complaint the Customer can:

a) ask for replacement of defective product

b) ask for repair of the product

c) make a statement about lowering the price

d) make a statement about withdrawal from the contract, however the statement will be invalid if the shop fixes the defect immediately.

4. Customer-Consumer decides whether he wants a repair or a replacement.

5. The complaint should include evidence of the purchase, reason of complaint, expected way of realization of permission consequent to the complaint.

6. In order to fulfill a repair, it is required to send the product on the address of the shop mentioned in pt 1 act 2 of the statute

7. The product should be properly secured from eventual damages during the transport.

8. The well secured product along with all the elements received with the product should be sent back to the shop.

9.  The shop can refuse to repair, only if it is impossible or too expensive. In that case the Shop will offer a replacement.

10. If the product was already replaced or fixed, and the defect happened again, the Shop will offer a lower price or a contract renouncement.

11. The customer, with reservation of act 12, might demand a reclamation in period of one year from noticing the flaw, and not more than in period of 2 years after receiving the product.

12. If the defined by shop or producer expiration date of the product ends in 2 years  from the release of the product to the customer, the period of reclamation continues until the end of this term.

13. The lowered price should stay in the same proportion to the price resulting from the contract, as  the faulty product stays within the proportion to a functional product.

14. The customer cannot recede from the contract if the fault is irrelevant.

15. If the shop is not answering to the customers request or declaration, of which is spoken in the act 3 in 14 days, the shop considers the request justified.

16. The reclamation can be submitted via e-mail, contact form or traditionally written letter.

17. In case when the conclusion of reclamation is impossible, due to the deficit described in the act 5 or 8, the Shop will consider reclamation immediately after it’s filled in, to which the shop will call for.

18. The shop is considering the complaint in term of 14 days since its submitting.

19. Answer to the complaint is sent to the e-mail address entered during making a purchase.

In case of changing the e-mail address – in order to upgrade  the whole process of reclamation – it must be reported to the shop.

20. If the producer guaranteed the quality of sold item, the Customer has right to claim a defect or a new product, as long as the defects are discovered in the term defined in the warranty statement.

21. If the product has a warranty, if the product hasn’t got the properties defined in the warranty statement, within the term of guarantee the customer might ask for:
a) Repair of the product

b) replacement of the product

c) Return of money

d) Other eventual claims slated by the producer

22. If it wasn’t stated differently in the warranty statement, the term of the warranty is 2 years starting from the day when the product was given to the Customer.

23. The warranty statement given to the Client, contains information needed to execute privileges  resulting from the warranty, especially name and address of the guarantor, or his representative in Poland, duration and territorial range of the warranty and privileges entitled to the guarantor in case of found defects.

24. If it was not stated differently in the warranty, the liability covers only defects developed by causes in the product

25. The producer executes permissions due to warranty in term stated in the warranty statement, and if not stated – immediately, but not later, than  in 14 days, counting from the day of giving the product

26. Since the complaints based on the warranty given by the Shop, are available to the customer in case of contradiction of the product with the contract, and warranty granted by the producer, are available to the customer for the defects created by reasons related to the product itself,  it is assumed that reclamation is not entitled in case of:

a)         Using the product in a way that is inconsistent with its destination, including mechanical damage.

b)         Inappropriately storing the product, especially by leading to dampness of the product, or leaving it to insolation       

c)         Repairing the product on one’s own, modifying or changing the software, installing applications inconsistent with recommendations of the producer,

d)         Overloading the product resulting from over exploitation or working in bad conditions, inconsistent to recommendations of the producer

e)         Damages created by over voltage of the power grid.

f)          Damages created by atmospheric phenomena.

27. The shop does not accept products sent by COD shipment or courier, but only by registered economic letter.

 

VI. WITHDRAWAL FROM CONTRACT

1. The client making a purchase, as a consumer has a right, in term of 14 days from receiving the ordered product, to recede from the contract included from distance without giving a reason and without bearing the costs, excluding the costs associated with sending the product back to the Shop, by submitting the seller a written statement.

2.  A declaration can be submitted electronically by a form, which formula is in the attachment no 1 of the present statute, available for download on  the website of the Shop, by sending it in a letter to the Shop’s address. The address of the shop is given  in act 1 pt 2 of the Statute.

3. In order to keep the term for contract renouncement you have to send the statement before 14 days lapse from receiving the product.

4. The shop will immediately send the client a confirmation of receiving the statement about contract renouncement by mail, enabling to retrieve and keep it.

5. Returned product should remain unchanged, unless the change is a result of regular exploitation. The customer should return the product in such a quantitative and qualitative composition as he received it, reserving the previous sentence. Particularly should append all of the additional parts, accessories, instructions, description of conditions of use and other documents received with the product. Act V pt 22 of the Statute shall apply accordingly.

6. The product shall be returned to Shop’s barton address figuring in the act 1 pt 2 of the statute.

7. The returned product should be well secured.

8. Shipment should have a statement attached of which it is said in act 2 as well as the copy of proof of purchase.

9. The customer bears the costs of returning the product to the shop.

10.The customer is responsible for eventual value decrease of the item as a result of exploiting it in a way going beyond necessary to examine the character, quality and functioning of the product.

11. The shop will return the payment immediately, however not later, than in 14 days from receiving the statement from the Customer.

12. The payment return will be made by a bank transfer electronically to the account pointed by the Customer while making a statement. If the customer will choose a different method of delivery than the cheapest one, the Shop is not obligated to return the additional cost to the Customer.

13. If the customer makes a statement about receding from the contract, before the shop will accept his offer, the offer stops binding.

14. Right to recede from the contract is not entitled to the customer regarding the:

a)         Service contract, if the Shop has fully executed the service with a clear agreement of the customer, who has been informed before the service has been provided, that after completing the service by the shop he will lose the right to recede.

b)         a contract which item of service is a non-prefabricated product, created accordingly to the customers specification or serving to satisfy his individual needs.

c)         a contract which item of service is item of short expiration date,

d)         a contract which item of service are products, which after delivery because of its character, become connected with other items.

e)         a contract which item of service are audio or video records, or computer programs delivered in sealed package, if the package was opened after receiving.

f)          a contract about delivering digital content, which are not transferred on a physical media,  if the service has started with a clear agreement of the consumer before the term of contract renouncement and informing him about the loss of right to recede from the contract by the entrepreneur.

 

VII. PARTICULAR DANGERS CONNECTED WITH THE USE OF THE SERVICES PROVIDED BY THE ELECTRONIC ROAD. FEATURES AND OBJECTIVES OF THE SOFTWARE

 

TECHNICAL REQUIREMENTS

Use of the services provided by a shop requires a device with internet connection, using Mozilla Firefox 3.x+, Internet Explorer 7.0+ or newer with Java Script software and Java applets installed. In some cases Flash 4 or newer, Quicktime, Acrobat Reader, having up to date, working and properly configured e-mail account. The website is optimized to 1024 x 768 resolution.

 

VIII. PROHIBITION OF DELIVERING BY CUSTOMER CONTENT OF UNLAWFUL CHARACTER

1.  It is prohibited for customers to deliver any contend of unlawful content, violating one’s laws and personal good in particular.

2. It is prohibited to send to the Shop’s address any kind of SPAM, or content which purpose is to bypass the purchase process, and in particular links to outside websites, e-mail addresses, phone numbers, communicator information, excluding those which are needed for the process of registration. This prohibition covers hidden actions as well.

3. The customer is responsible for authenticity of his information put during the purchase.

 

IX RULES OF LEGITIMATE USAGE OF THE SHOP

1. By accepting the present statute, the customer declares that he won’t:

a) Use the shop and its content as a crime tool

b) Undertake programming activities in order to gain access to the data stored on the shop’s website.

c) Undertake programming activities in order to infect the shop’s website with viruses.

d) In any other way violate the law or rules of present statute.

 

2. In case of violating the rules of legitimate usage of the shop by the customer, or receiving an official notification by the Shop, or receiving a legitimate message of unlawful character of content or data put on the website by the customer, the shop will delete the content and will be authorized to take legal measures

 

X FINAL PROVISIONS

1. Eventual changes of the statute have no influence on any agreements done before it’s change. The shop will inform about any statute changes 14 days in advance. The customer account expires, if he won’t agree to the new rules. In case the customer makes a statement about lack of acceptation of the new statute, the contract with the shop expires, keeping in mind, that it’s expiry does not affect the validity of contracts concluded before the change.

2. The shop has the copyrighted property rights for all the posted content, including software and design copyrights. Customers are obligated to obey these laws.

3. The law for the contract between the Customer and the Shop is the polish law. Every argument related to the services provided by the shop will be decided by the rightful polish courts.

4. The arguments occurred between shop and the client who is not a consumer, will be submitted to the court of competent jurisdiction according to the shops location.

5. All attachments of the statute are its integral part.

6. The statute comes into force by 25.12.2014.

PRIVACY POLICY

1. The shop uses the info, which the customer delivered in the registration form or when making an order, for purposes of realization of the contract concluded between the parties.

2. Present privacy police particularly defines:

a) what info about the customers can be collected by the shop,

b) where the info is stored,

c) in what ways the shop can make use out of the information gathered about the customer.

d) with whom the information about the client can be shared,

e) rules of using the cookies.

 

3. Administrator of the personal data of clients is shop www.funnycase.pl working under the brand of Lock-Tel Jan Wydro stationing in Bochnia (ul. Kościuszki 7 lok. 2, 32-700 Bochnia) NIP 868-171-73-92; Regon: 852703199; Ewidencja Dział. Gosp. w Bochni nr: 7131/09, Ew.Dział.Gosp.w Bochni, office@funnycase.pl, tel. (+48) 12 21 000 80.

4. Giving the personal data by the customer is voluntary

5. The shop can collect information:

a) put in the forms on the shops website. They can include registration data, in particular: name, surname, address, contact information (email, phone, fax) and information regarding a business like: a company, headquarters, NIP, Regon, registry number.

b) received in correspondence.

c) collected in pools, entry forms – filling them is not necessary.

d) about customer orders

e) about how the website is used, IP of the users device, operating system data, currently used browser – in order to improve the quality of service provided by the shop.

 

6. Collected info is stored in the headquarters of Personal Data Administrator and can be transferred, stored and processed in Poland or in a third country. All the collected info is stored on secure servers, and every payment is coded with SSL protocol.

7. The shop can make use of collected information in particular to:

a) present the shops content in a way most suited for the customers

b) allow the customers to use the shop and to conclude an agreement, execute and settle with the customer for the contracts concluded through the shop,

c) enforce the provisions of the statute,

d) contact the Customers about any changes

e) personalize the services offered by the shop,

f) gain statistical information about the Customers by analyzing the IP addresses and the cookies,

g) present advertising forms highly customized to the Customers profile,

h) inform about shops offers (newsletter), as long as the customer consents.

 

8. In order to properly execute the contract with the Customer, the Shop can transfer their data based on other privities  in order to:

a) settle for electronic payments,

b) provide accountant services, lawful services etc

c) execute marketing activities on behalf of the shop, on which the customer agrees.

 

9. Entities who provide services for the shop cannot in any case make use of collected data for own business purposes.

10. The shop stores the customer data not longer, than it’s necessary to accomplish the goal of concluded contract, but also to meet the requirements of law, and fiscal in particular.

11. The Customer is entitled to:

a) access, fill, update, correct his personal data,

b) temporarily or permanently restrain it’s processing or deleting, in case it is incomplete, outdated, untrue or was collected violating the law or is unnecessary for the cause it was gathered for,

c) raise objections in cases, when data processing is not necessary to fulfill lawfully justified causes realized by administrators of data or data receivers, and data processing is violating the law and freedom of the person, whose data it is.

12. Any changes in the field of personal data the customer can make through choosen form of contact pointed out in act 5 pt IV of the statute.

13. The data administrator has reserved right to refuse to remove the Customers data, if it’s keeping is necessary for execution of the contract or if the law requires it. The shop may keep the name(names), surname and PESEL number or address in the database in order to avoid reusing this persons data for objectionable purposes.

14. Customers personal data is transferred according to the law and the privacy policy, which requires acceptance before concluding a contract with the shop

 

COOKIE POLICY

1. Overall information.

Operator of the http://www.funnycase.pl service is Jan Wydro LOCK-TEL z siedzibą w Bochni ul. Kościuszki 7 lok. 2, 32-700 Bochnia NIP 868-171-73-92 Regon: 852703199; Ewidencja Dział. Gosp. w Bochni

The service realizes the functions of collecting information about the Customers and keeping it in following way:

By voluntary filled in forms information.

By saving in the cookie files in the devices.

2. Data in forms

The service collets information voluntarily put in forms by the user.

The service can also save data about connection parameters(marking of the time, IP address)

Data in the form is not shared to third parties without the users agreement.

Data filled in the form might become a database of potential customers, registered by service operator in the registry lead by General Inspector of Personal Data Security.

Data filled in forms are transferred for purposes resultant from function of the certain form,

E.g in order to make the process of servicing the support reports or commerce contact.

Data filled in the forms may be transferred to entities who technically provide some of the services – in particular it relates to transferring data about holder of registered domain to entities

Who are internet domain operators (especially “Naukowa I akademicka Sieć Komputerowa j.b.r – NASK), services operating payments or other entities, which cooperate with service operator in that field.

3. Information about cookies

Service uses the cookie files.

The cookie files are information data, text files in particular, which are held by the terminal device of the service user and are destined to use the websites of the service. Cookies

Cookie files usually contain the website name, the storage time on the terminal and a unique number

The entity who puts cookies in the users terminal and gaining access to them is service operator.

The cookie files are used for the following purposes:

Creating statistics, which help understand, how users of the service are using the websites, what helps to upgrade its structures and content;

Maintenance of the service users session (after logging in), thanks to which the user doesn’t have to type in his login and password on each subpage.

Defining the profile of the user in order to present him matched materials in advertisement networks, especially Google network,

Within the service two essential kinds of cookie files are used: “session cookies” and “persistent cookies). Session cookies are temporary files, which are stored in the users terminal until the log out,
leaving the website or turning off the software(Web browser). Persistent cookies are stored in the users terminal for the time defined by cookie parameters or until the user deletes them.

Web browsing software usually enables cookie files storage by default on the terminal. Service users can make changes in settings. The web browser lets you delete the cookie files. It is possible to automatically block cookie files. You can get the detailed info about that in “help” or documentation of the web browser.

Limitations of cookie files can  influence some functionalities available on the service websites.

Cookie files are placed on the end device of the service user and can be also used by co-operating with the operator of the service advertiser and partners.

We recommend reading the privacy policy of those companies, to get acquainted with the terms of cookie file exploitation used in statistics: Google Analytics privacy policy.
Cookie files can be used by advertising networks, Google in particular, to display advertisements matched to the way the customer is using the service.

For this purpose it can keep the information about the navigation path of the user or about the stay time on the page.

For the information on user preferences collected by Google advertising network the user can

Scroll through the information and edit the cookie information with the use of: https://www.google.com/ads/preferences/

4. Server Logs.

Information about some users behavior undergo logging into server layer. This data is used only for administrative purposes of the service and for ensuring the most efficient operation of the hosted services.

Viewed resources are identified by URL addresses. Moreover the record may be dependent on:

- inquiry time of arrival

- answer sending time

 

Name of customers station – identification realized by HTTP protocol,

Information about errors which occurred during execution of HTTP transaction,

URL address of the website previously viewed by the user (referrer link) – in case the transition to the service occurred by a link,

Information about users browser,

Information about IP address.

Data above is not associated with certain people viewing the website.

Data above is used only for administrative purposes.

 

5. Data sharing

Data undergo sharing to the third party entities only within the limits legally permitted.

Data which allow identification of the legal person is shared only with consent of this person.

Operator can be obligated to share the info gathered by the services to the authorized organs based on lawfully correct demands to the extent required by the demand.

 

6. Cookie files maintenance – How to express and withdraw consent in practice?

If the user doesn’t want to receive cookie files, he ca change the browser settings.

Be warned that turning off the cookies necessary for the processes of authentication,

Security, keeping the user preferences can make it difficult or unable to use the website.

In order to manage the cookie files, select a browser and operating system from the list and follow the instructions:

Internet Explorer

Chrome

Safari

Firefox

Opera

Android

Safari (iOS)

Windows Phone

Blackberry

 

Attachment no 1 

CONTRACT RENOUNCEMENT FORM TEMPLATE

 

THIS FORM HAS TO BE FILLED AND SENT BACK ONLY IN CASE  OF DESIRE TO RECEDE FROM THE CONTRACT

 

 Entrepreneur: Jan Wydro LOCK-TEL  ul. Kościuszki 7 lok. 2, 32-700 Bochnia, office@funnycase.pl, tel. (+48) 12 21 000 80.

 

I hereby inform about my renouncement from the contract of selling present items
…………………………………………..…………………………..……………………………..

Date of receiving the items (Enter the date, on which You became the owner of items or on which a third person other than the carrier and indicated by You came into possession of things.

………………………………………………………………………………………………………

Name and Surname of the Customer

……………………..……………………..……………………..………………………………..

Address of the customer

……………………..……………………..……………………..………………………………..

Sign of the Customer(Only if the form is sent written on a paper)

……………………..……………………..……………………..………………………………..

Locality and date

……………………..……………………..……………………..………………………………


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