Terms & Conditions

Terms and Conditions of the Online Store www.futdesigners.com

The Futdesigners online store, available at www.futdesigners.com. Seller – LUXDESIGN SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ entered into the register of entrepreneurs under KRS number: 0001003903 NIP: 7481591690 REGON: 523744690, address RYNEK 60/2, 50-116 WROCŁAW

Definitions:
1. Consumer – a natural person who concludes an agreement with the Seller within the Store, where the subject of the agreement is not directly related to that person’s business or professional activity.
2. User:
a) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity,
b) a legal person,
c) an organizational unit without legal personality, which is granted legal capacity by law, – who uses the website www.futdesigners.com.
3. Client:
a) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity,
b) a legal person,
c) an organizational unit without legal personality, which is granted legal capacity by law,
– who has concluded or intends to conclude a Sales Agreement with the Seller, and who also uses or intends to use a Service or Electronic Service.
4. Distance contract – a contract concluded with the Client as part of an organized distance sales system (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment of concluding the contract.
5. Terms and Conditions – these Terms and Conditions of the Store.
6. Order – the Client’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
7. Registration form – an electronic service, a form available in the Store which allows the Client to create an Account.
8. Contact form – an interactive form available in the Store which enables Clients to contact the Seller.
9. Order form – an interactive form available in the Store which enables placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
10. Cart – a part of the Store’s software in which the Products selected by the Client for purchase are visible, and where it is possible to define and modify Order details, in particular the quantity of products.
11. Newsletter – an Electronic Service provided by the Seller via e-mail, which allows Clients to subscribe and automatically receive periodic, free information, including news and promotions.
12. Goods – a product, a movable item available in the Store, which the Client purchases from the Seller via the online Store.
13. Sales Agreement – an agreement for the sale of a Product concluded or to be concluded between the Client and the Seller via the online Store.
14. Electronic Service – a service provided electronically by the Seller to the Client via the Online Store.
15. Business day – any day from Monday to Friday excluding public holidays.
16. Personal data controller – the Seller.
17. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws, item 827, as amended).
18. Civil Code – the Act of 23 April 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended), hereinafter also “Civil Code”.
§ 2. General Provisions
1. The Terms and Conditions are continuously available on the website www.futdesigners.com in a way that allows any User to access, reproduce and save their content by printing or storing it at any time.
2. The Client undertakes to use the online Store and the services offered by the Seller via the Store in compliance with the legal regulations in force in the territory of the Republic of Poland and the conditions set out in these Terms and Conditions, respecting principles of social coexistence and with respect for personal rights, copyrights and intellectual property rights of the Seller and third parties.
3. The personal data controller for data processed in connection with the implementation of these Terms and Conditions is the Seller.
4. Personal data is processed for the purposes, scope and based on the principles indicated in the Privacy Policy, which is continuously available on the Store’s website.
5. Consent forms (“checkboxes”) concerning Clients’ personal data are available in a visible place in the Store during the purchase process, to be accepted each time by the Client. Clients may at any time update, modify, or withdraw their consent to the processing of their personal data provided to the Seller.
6. The Client agrees to the collection, storage and processing by the Seller of personal data for purposes directly related to the fulfillment of the service or Goods ordered in the online Store. Detailed terms of collection, processing, and protection of personal data by the Seller are defined in the Store’s Privacy Policy.
7. The purchase of Goods may be made by a Client located within the European Union.
8. All information contained in the Seller’s online Store relating to Goods and Services (including descriptions, prices of Goods) does not constitute an offer within the meaning of Article 66 of the Civil Code, but an invitation to conclude an agreement as defined in Article 71 of the Civil Code.
9. Using the online Store means any action by the User that leads to the User becoming familiar with any content posted on the online Store’s website.
10. The Seller, in order to secure and protect electronic transmissions and digital content, implements and applies appropriate technical and organizational measures. To protect themselves and minimize risks that may arise from using the Internet, the Client should also apply appropriate technical safeguards.
11. Use of the online Store by the Client/User means any action by the Client that leads to reviewing all content posted on the Store’s website.
12. The online Store has the right to organize occasional contests and promotions, the terms of which will each time be provided on the Store’s website.
13. Promotions of Goods organized via the online Store cannot be combined unless the terms of a given promotion state otherwise.
§ 3. Contact with the Store
1. Seller’s address: Wrocław 54-514, ul. Andrzeja Kmicica 56
2. Seller’s e-mail address: futdesigners.help@gmail.com
3. Seller’s phone number: 576149497
4. The Client may contact the Seller using the addresses and phone numbers provided in this paragraph.
5. The Client may contact the Seller by phone between 10:00 and 18:00.
§ 4. Technical requirements
1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are required:
a) a computer, laptop or other multimedia device with Internet access,
b) access to e-mail,
c) an Internet browser that supports cookies (Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher, Microsoft Edge version 25.10586.0.0 or higher),
d) a recommended minimum screen resolution: 1024x768,
e) cookies storage enabled in the browser and Javascript enabled.
§ 5. General information
1. The Seller, to the broadest extent permitted by law, is not liable for interruptions, including downtime, in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Client’s technical infrastructure.
2. Browsing the Store’s assortment does not require creating an Account. Access to some website functionalities may require prior registration by the Client and logging in each time. Use of the available website functionalities is voluntary.
3. All Prices given on the online Store’s website are in Polish zloty (PLN) and are gross prices (including VAT, duties, and other components). Prices do not include delivery costs.
4. The final (total) amount payable by the Client consists of the price for the Goods and the cost of delivery (including transport, shipping and postal service charges), about which the Client is informed on the Store’s pages during order placement, including at the moment of expressing the will to be bound by the Sales Agreement.
5. If the nature of the subject of the Agreement does not allow the prior calculation of the final price, information on how the price will be calculated, as well as information on transport, delivery, postal charges and other costs will be provided in the Store in the Goods description.
6. The Client bears the costs related to Internet access and data transfer according to the tariff of their Internet service provider.
7. The Client is responsible for the authenticity and completeness of the data they provide that is necessary to perform the Sales Agreement.
8. The Seller provides, via the online Store, the following electronic services: Contact Form, Order Form, Newsletter, which are voluntary and free of charge.
9. Complaints related to the provision of Electronic Services by the Seller and other complaints related to the functioning of the online Store (excluding the complaint procedure for Goods) may be submitted by the Client in particular in writing or via e-mail to the address indicated in § 3 of the Terms and Conditions. It is also recommended that the Client include in the complaint: circumstances relating to the subject of the complaint and any defects (type and date of occurrence), the Client’s request, and contact details. These recommendations are not mandatory and do not affect the effectiveness of the complaint review.
10. The Seller will take a position on a given complaint immediately, but no later than within 14 calendar days from the date it is submitted.
11. The right to withdraw from an agreement for the provision of Electronic Services is granted to the Client who is a Consumer under the rules set out in the Terms and Conditions.
12. The right to withdraw from an agreement for the provision of electronic services is granted to the Client for whom the Seller provides services of a continuous and indefinite nature, without giving a reason and with immediate effect. To exercise this right, the Client shall send, in writing or by e-mail to: futdesigners.help@gmail.com, an unambiguous statement terminating the agreement for the provision of electronic services.
13. The Seller reserves the right to terminate the agreement for the provision of Electronic Services of a continuous and indefinite nature with 14 days’ notice in the event of a breach by the Client of the provisions of the Terms and Conditions, by submitting a written notice via e-mail to the address provided by the Client.
§ 6. Newsletter
1. The agreement for the provision of the Newsletter Electronic Service is concluded for an indefinite period at the moment the Client subscribes to the Newsletter service using the functionality available on the Store’s website.
2. The User or Client, under the Newsletter service, may receive from the Seller commercial information (including about news and promotions) in the form of messages sent to the e-mail address provided by the Client.
3. Using the Newsletter service requires that the User have a computer or another multimedia device with Internet access and an active e-mail address.
4. To use the Newsletter service, you must provide a valid e-mail address and click the “Send” button (or equivalent), and then confirm the activation link sent to that e-mail address.
5. The User or Client may, at any time and without giving a reason, withdraw consent to receive messages via the Newsletter service. Consent may be withdrawn by unchecking, in the Client Panel, consent to receive information about new products and promotions, or by sending a request to remove their e-mail address from the Newsletter subscription to the Seller via e-mail or in writing to the address indicated in § 3 of the Terms and Conditions, or by unsubscribing via the link contained in each Newsletter message.
6. The Newsletter is sent only to persons who have subscribed by confirming the activation link sent to the provided e-mail address.
2. In the event of non-performance or improper performance of the Service provided electronically by the Seller, the Client has the right to submit a complaint on the terms provided in these Terms and Conditions.
§ 8. Contact Form
1. The agreement for the provision of the Contact Form Electronic Service is concluded for a fixed period at the moment the Client starts filling it in and is terminated when the Client abandons filling in the form or when the completed form is sent and answered by the Seller.
2. The service enables Clients to contact the Seller via an interactive form.
3. Use of the Contact Form service is possible after clicking the “contact” tab, providing a valid e-mail address, filling in the message, and clicking the “Send” button.
§ 9. Rules for placing an Order
1. The agreement for the provision of the Electronic Service enabling Clients to place an Order via an interactive form, hereinafter referred to as the “Order Form,” is concluded for a fixed period at the moment the Client adds the first Goods to the electronic cart in the online Store and ends when the Client stops filling in the Order Form or when the completed Order Form is sent to the Seller and the Client places the Order by clicking the “order and pay” button.
2. The process of filling in the Order Form is organized in such a way that every Consumer has the possibility to get acquainted with it before deciding to conclude the Agreement or to make any amendment to the Agreement.
3. Orders via the Store can be placed 24 hours a day, 7 days a week.
4. To place an Order, you must:
a) select the Goods that are the subject of the Order, and then click the “add to cart” button (or equivalent),
b) click the “order” button (or equivalent),
c) select one of the available payment methods and, depending on the payment method, pay for the order within the specified time limit, subject to § 10 point 3 of the Terms and Conditions.
5. Completing the Order Form with data and pressing the “order and pay” button (or equivalent) is equivalent to the Client placing an order and has the legal effect of concluding a Sales Agreement under the applicable provisions regarding distance or off-premises contracts.
6. Placing an order is possible after providing the necessary personal data and after accepting the content of the Terms and Conditions, confirming that you have read the withdrawal notice, and clicking the button referred to above.
7. The Client may modify the Order independently until clicking the “order and pay” button (or equivalent).
§ 10. Delivery and payment methods offered
1. The Client may choose the following methods of delivery or collection of the ordered Product:
a) courier shipment,
b) courier shipment with payment on delivery (cash on delivery),
c) delivery to a parcel locker / pickup point (where available in the Client’s country).
2. The Client may choose the following payment methods:
a) payment on delivery (cash on delivery),
b) bank transfer to the Seller’s account.
2. Detailed information on delivery methods and acceptable payment methods is available on the Store’s pages.
§ 11. Performance of the Sales Agreement
1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client places an Order via the Order Form in the online Store in accordance with § 9 of the Terms and Conditions.
2. Immediately after receiving the Order, the Seller sends the Client, via e-mail to the e-mail address provided when placing the order, a statement of acceptance of the Order, which also constitutes its confirmation. At the moment the Client receives this e-mail, a Sales Agreement is concluded between the Client and the Seller.
3. The summary and confirmation message of the Order contains all previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, the total price due including delivery costs and the amount of any discounts granted (if applicable).
4. If the Client selects:
a) payment by bank transfer – the Client is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement; otherwise the order will be cancelled,
b) cash on delivery payment upon receipt of the shipment – the Client is obliged to pay upon delivery of the shipment.
5. The choice of delivery method made by the Client during order placement has a direct impact on the order fulfillment time.
6. The order fulfillment period is from 3 to 7 business days, unless a different period is provided in the description of a given Goods or during Order placement.
7. If the Client has selected a delivery method other than personal collection, the Goods will be sent by the Seller within the period indicated in its description (subject to paragraph 7 of this section), in the manner selected by the Client during Order placement.
8. In the case of an Order for Goods with different delivery times, the delivery time is the longest specified time.
9. In the case of an Order for Goods with different delivery times, the Client may request delivery of the Goods in parts or delivery of all Goods once the entire order is complete.
10. The beginning of the delivery time of the Goods to the Client is calculated as follows:
a) where the Client chooses payment by bank transfer – from the date the Seller’s bank account is credited,
b) where the Client chooses cash on delivery – from the date of conclusion of the Sales Agreement.
3. If exceptional circumstances occur or if it is impossible to fulfill the order within the time indicated to the Client, the Seller will immediately contact the Client in order to agree on further steps, including setting a different fulfillment date or changing the delivery method.
4. Goods handed over to the carrier are packed in an appropriate way to ensure protection against damage in transport.
12. Delivery of Goods takes place within the European Union.
§ 12. Right of withdrawal from the contract
1. Due to the sale of personalized products, the consumer, under the law, has no right to return the order. In the case of failure to collect a cash-on-delivery shipment, the consumer is obliged to pay the full amount of the order.
The consumer is not entitled to withdraw from the Agreement in relation to:
a) the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision began that after performance by the Seller they would lose the right to withdraw from the agreement,
b) cases where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires,
c) cases where the subject of the service is a non-prefabricated Product, produced according to the consumer’s specification or serving to satisfy their individual needs.
§ 13. Complaints and warranty
1. The Sales Agreement covers new Products.
4. The Seller is liable to the buyer if the sold item has a physical or legal defect. The basis and scope of the Seller’s liability to the Client in a situation where the Goods sold have a physical or legal defect are set out in generally applicable law, including in the Civil Code (in particular Articles 556–576 of the Civil Code).
5. The Seller is liable to the Client under the warranty for physical defects (a physical defect is non-conformity of the sold item with the contract) and legal defects.
6. A complaint may be submitted, for example, in writing or electronically to the address indicated in § 3 of the Terms and Conditions.
7. The Seller will respond to the Client’s complaint immediately, but no later than within 14 calendar days from the date it was submitted. Failure by the Seller to respond within this period means that the Seller has considered the complaint to be justified.
8. It is recommended that the Client include the following information in the complaint (which will be helpful to the Seller in handling the complaint and may speed up the complaint process):
a) the circumstances relating to the subject of the complaint – the Goods – and the occurrence of any defects, e.g. the type and date of occurrence of the defect,
b) the Client’s request (the Client’s demand regarding the method of bringing the Goods into conformity with the Sales Agreement or submitting a statement on price reduction or withdrawal from the Sales Agreement),
c) contact details enabling the Seller to contact the person submitting the complaint / the Client.
9. The above recommendations are not mandatory and do not affect the effectiveness of handling the complaint. A complaint form template constitutes Appendix No. 2 to the Store’s Terms and Conditions.
§ 14. Out-of-court complaint handling and claim enforcement
1. Detailed information on the possibility for the Consumer to use out-of-court complaint handling and claim enforcement procedures, and the rules of access to these procedures, is available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Voivodeship 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, http://www.uokik.gov.pl/wazne_adresy.php.
2. The Client is also entitled to use the EU online platform which is an interactive model for dispute resolution, the ODR Platform, available at: http://ec.europa.eu/consumers/odr/.
3. A Client who is a Consumer may use out-of-court dispute resolution methods, including:
a) submitting an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws No. 4, item 25, as amended); the rules of organization and operation of permanent consumer arbitration courts are defined in the Regulation of the Minister of Justice of 25 September 2001 on specifying the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws No. 113, item 1214, as amended),
b) submitting an application to the Voivodeship Inspector of Trade Inspection to initiate mediation proceedings in order to amicably resolve the dispute between the Client and the Seller,
c) using the assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. Consumer Federation),
d) using the electronic dispute resolution method with the Seller via the EU platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
§ 15. Personal data in the online Store
1. The administrator of the personal data of Clients collected via the online Store is the Seller. Personal data is processed for the purposes, scope and based on the principles specified in the Privacy Policy available on the Seller’s website.
2. The personal data of Clients collected by the administrator via the online Store is collected for the purpose of performing the Sales Agreement and, if the Client consents, also for marketing purposes.
3. The recipients of the personal data of Clients of the online Store may be:
a) in the case of a Client who uses postal or courier delivery in the online Store – the Administrator provides the collected personal data of the Client to the selected carrier or intermediary performing shipments on behalf of the Administrator,
b) in the case of a Client who uses electronic payment methods or payment card in the online Store – the Administrator provides the collected personal data of the Client to the selected entity handling such payments in the online Store.
4. The Seller declares that it complies with all rules for the protection of Clients’ personal data provided for by law.
5. Providing personal data is voluntary. Any person whose personal data is processed by the Seller has the right to access its content, the right to update and correct it, request deletion of the data, as well as transfer the data to another entity.
6. The Client declares that they consent to the collection, storage and processing by the Seller of personal data for purposes directly related to the fulfillment of the service or Goods ordered in the online Store.
7. 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 results in the inability to conclude such an agreement.
§ 16. Final provisions
1. Agreements are concluded in Polish via the online Store.
2. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e.: changes in 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 will inform the Client of any change at least 14 days in advance.
3. In the case of agreements concluded on the basis of the Terms and Conditions which are not continuous (this applies e.g. to the Sales Agreement), amendments to the Terms and Conditions will in no way infringe the rights acquired by Clients who are Consumers before the effective date of the amendments to the Terms and Conditions (including: amendments to the Terms and Conditions will not affect Orders placed or submitted, nor Sales Agreements concluded, performed or executed).
4. If an amendment to the Terms and Conditions would result in the introduction of new fees or an increase in current fees, the Client who is a Consumer may exercise the right to withdraw from the agreement. In matters not regulated in 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 Consumer Rights Act; and the Act on the protection of personal data.
5. Attachments to the Terms and Conditions constitute an integral part thereof.
6. The Terms and Conditions enter into force on 17.04.2020.