Regulations fenbroker | 12 fundamental points

Regulations

Terms and Conditions of the Online Woodwork Configurator

These terms and conditions define the general conditions, rules and manner of sales conducted under the brand fenbroker.com by debesto sp. z o.o., based in Olesnica, through the fenbroker.com online store (at https://fenbroker.com/pl/kalkulat or and related), hereinafter referred to as the “Configurator”) and sets out the terms and conditions for the provision of electronic services by the aforementioned company.

§ 1 DEFINITIONS

Working days – means the days of the week from Monday to Friday excluding public holidays.
Delivery – means the actual act of delivering to the Customer by the Seller, through the Supplier, the Goods specified in the order.
Supplier – means the entity with which the Seller cooperates in making the Delivery of Goods
Customer – means an entity to whom, in accordance with the Regulations and legal provisions, electronic services may be provided or with whom a Sales Agreement may be concluded.
Consumer – means a natural person making a legal transaction not directly related to his/her business or professional activity.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activities on its own behalf.
Regulations – means these regulations of the Configurator.
Seller – means the company debesto sp. z o.o., ul. Wały Jagiellońskie 14A, 56-400 Oleśnica, NIP:911 203 71 54, which is also the owner of the Configurator
Configurator – a web-based toolkit maintained by the Seller at https://fenbroker.com/pl/kalkulator for selecting preferences for Goods offered by the Seller.
Goods – means the product presented by the Seller through the Configurator
Sales contract – means a sales contract concluded electronically under the terms of the Regulations, between the Customer and the Seller.

§ 2 GENERAL PROVISIONS

All rights to the Configurator, including property copyrights, intellectual property rights to its name, its Internet domain, as well as to the templates, forms, logos posted on fenbroker.com and related (except logos and images presented in the Configurator for the purpose of presentation of goods, the copyrights to which belong to third parties) belong to the Vendor, and the use of them may be carried out only in the manner specified and in accordance with the Terms and Conditions.
The configurator is made available by the Seller via the Internet network and the website at https://fenbroker.com/pl/kalkulator as a resource of the ICT and information system.
The Seller reserves the right to place on the configurator website advertising content concerning the offered Goods, as well as goods and services of third parties, in the forms used on the Internet.
It is forbidden to use the Configurator or the fenbroker.com domain and related domains by Customers or third parties to send unsolicited commercial information.

§ 3 USING THE CONFIGURATOR

Use of the Configurator means any activity of the Customer that leads to his/her familiarization with the content of https://fenbroker.com/pl/kalkulator and its sub-sites, subject to the provisions of §4 of the Regulations.
The use of the Configurator may be carried out only on the terms and to the extent indicated in the Regulations.
The Customer, using the Configurator, is not entitled to any interference with the content, structure, form, graphics and mechanism of operation of the Configurator.
It is prohibited for the Customer to provide content of an unlawful nature and to use the Customer, the Configurator or free services provided by the Seller, in a manner contrary to the law, good morals, violating the personal rights of third parties or the legitimate interests of the Seller.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the risks indicated above. In particular, use anti-virus and identity protection programs for Internet users.

§ 4 ORDERS AND PAYMENTS

The information contained on the site of the Configurator does not constitute an offer by the Seller, within the meaning of the Civil Code, but only an invitation to Customers to submit offers to conclude a contract of sale of Goods.
The customer specifies his preferences for the Goods, using the Configurator by going through several stages, which may vary depending on the type of products selected. In the final step, by selecting “Go to cart” commands, the customer completes the order. After completing the entire order and indicating the method of Delivery and form of payment in the order form, the Customer places the order by sending the order form to the Seller. The form is sent by activating the corresponding field in the order form. Each time before the order is shipped to the Seller, the total price of the selected Goods and the total cost of the selected method of Delivery are given.
Placing an order constitutes an offer by the Customer to the Seller to conclude a contract of sale of the Goods that are the subject of the order.
After the order is placed, the seller sends a confirmation of the placed order to the e-mail address provided by the customer, along with payment details. If the customer does not make payment to the details given to him within 7 (in words: seven) Business Days, the Seller may cancel the order. The date when the payment is credited to the Seller’s account is considered binding.
The seller then sends a confirmation of the order to the e-mail address provided by the customer. Confirmation of order acceptance is the Seller’s statement of acceptance of the offer referred to in §5 par. 3.
If, after confirmation of acceptance of the Customer’s order, its realization proves impossible or significantly hindered for any reason other than the lack of Goods in the Configurator, including when the purchase of Goods from the Seller’s suppliers will not be possible at the calculated price or within the time provided for the realization of the order, any error of the Configurator affecting the realization of the order has occurred, the Seller will inform the Customer by e-mail or telephone about the resulting circumstances.
If the execution of the order proves impossible due to the reasons referred to in §5 par. 6, the Seller may, taking into account the circumstances of the case at its discretion, offer the Customer:
- cancellation of the order in its entirety (selection of this option by the Customer releases the Seller from the obligation to fulfill the order);
- cancellation of the order in the part in which its implementation is not possible or is not possible within a reasonable time (the selection of this option by the Customer releases the Seller from the implementation of the order to the extent that it is not possible);
- change of the delivery date of the entire order or division of the order and determination of the delivery date of the part of the order, the delivery of which originally is not possible (selection of this option by the Customer results in the Delivery being made in separate shipments, with the Customer not incurring additional Delivery costs associated with the division of the order).
Prices in the last step of the Configurator:
- are gross prices (including VAT) and are specified in Polish zloty;
- do not contain information regarding the cost of Delivery, which the Customer will be informed about when choosing the method of Delivery;
- do not include information on possible customs duties if the delivery address is outside Poland.
The final price binding the parties to the Contract of Sale is the price of the Goods contained in the confirmation of the placed order sent to the Customer together with the payment details referred to in the content of § 4.4.
The customer may choose the following forms of payment for the ordered Goods:
- electronic payment via PayU (order processing will begin immediately after the funds are credited to the Seller’s bank account);
The customer does not have the option to pay for part of the order in advance, and for part of the order on delivery.
The product is a non-refabricated item, manufactured to the consumer’s specifications, and therefore, in accordance with Article 38 of the Law on Consumer Rights, the Customer is not entitled to withdraw from the contract.

§ 5 ORDER PROCESSING

The ordered Goods are delivered to the Customer via the Supplier, at the address indicated in the order form, except when the Customer has chosen “personal collection” as the delivery method.
The customer should examine the delivered shipment at the time and in the manner usual for shipments of the type in question, in the presence of an employee of the Supplier.
The customer has the right to request that an employee of the Supplier write a proper protocol in case of loss or damage to the shipment.
The Seller shall attach to the shipment being delivered, according to the Customer’s will, a receipt or a VAT invoice covering the delivered Goods.
Delivery of goods is advised by an employee of fenbroker.com at least 24 hours in advance. Until the customer confirms readiness to receive the goods – the goods are not shipped to the customer.
Goods may leave the fenbroker.com warehouse only after 100% of the payment for the order has been credited to the fenbroker.com account.
“Processing of the order takes place within a maximum of 10 calendar weeks from the date of crediting the payment for the ordered product, in the bank account belonging to the Seller. However, our staff will make every effort to reduce the delivery time to a minimum.
The customer is required to provide people to unload the goods at the delivery address. If there are no people ready to unload the goods efficiently – they can be returned at the expense of the customer to fenbroker.com.
If the Customer is not present at the address specified by the Customer when placing the order as the Delivery address, an employee of the Supplier will leave an advice letter. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, setting again with the Customer the date and cost of Delivery.
In the case of collection of goods through third parties or transport companies, it is required to notify the receipt of goods by text message to 0048 720 888 359 or by email to [email protected] with the content: I report the receipt of orders number: xxx xxx, will be received by Jan Kowalski, Car registration number: xxxxx , phone number to the driver. SMS should be sent from the phone number appearing in the contact information provided when placing the order.
In-person pickups can be made on Business Days from 8:00 am to 2:30 pm. Receipt of goods must be reported a minimum of 3 business days, preceding the day of collection, between 8:00 am and 2:30 pm.

Contact information fenbroker.com

Logistics fenbroker.com – availability weekdays Monday – Friday 8:00 am – 4:00 pm

tel: 0048 787 787 690

email: [email protected]

Invoices and payments, accounting availability weekdays Monday – Friday 8.00 – 16.00, email contact preferred

email: [email protected]

§ 6 COMPLAINTS AND GUARANTEES

The Seller shall be liable for non-conformity of the Goods with the contract if it is discovered by the Customer who is a Consumer before the expiration of 2 years from the date of Delivery. The Customer is obliged to notify the Seller of the detected non-conformity of the Goods with the contract within 2 months from the date of discovery of such non-conformity. Warranty for defects in Goods is excluded for Customers who are not Consumers.
The Seller shall, within 30 (in words: thirty) days, respond to the complaint of the Goods reported by the Customer and notify the Customer of the further course of action.
All complaints can only be submitted via the complaint form on the fenbroker.com website at: complaint.debesto.com/en
The customer is obliged to control the quality and quantity of the goods. Regardless of the form of receipt of goods.
Visible defects, missing goods, damage should be reported to fenbroker.com up to 48h after receipt of goods. After the indicated date, complaints are not considered, treating them as arising through the fault of the customer.
All complaints are handled remotely through electronic forms of communication such as e-mail, telephone, video.
It is considered that the customer, when purchasing goods at a distance, has the means to assemble and possibly service the goods, so fenbroker.com only offers parts, components or entire constructions within the scope of the claim, which the customer must assemble on his own.
If the goods are defective, they cannot be assembled. Installation of defective goods makes it impossible to claim them and is done solely at the responsibility of the Buyer.
If the complaint is resolved in favor of the Customer, the Seller will either repair or replace the advertised product with a full-quality product for the Customer.
Goods sold by the Seller may be covered by a warranty provided by the respective manufacturer or distributor. The seller does not provide any warranty for any products sold.
In the case of Goods, covered by a distributor’s or manufacturer’s warranty, the Customer may claim a product with defects: using the rights under the warranty provided. In such circumstances, the customer is obliged to make a complaint directly to the guarantor, the seller is only an intermediary forwarding the submitted complaint. The customer, at his choice, may report directly to the warranty service or to the Seller. Exercising the Customer’s rights against the Seller in connection with the non-conformity of the Goods with the contract.
The customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. A complaint can be submitted electronically and sent to the Seller’s electronic address. In the complaint application, the customer should include his name and surname and a description of the problem. The Seller shall promptly, but no later than within 14 (fourteen) days, consider complaints and respond to the Customer’s e-mail address provided in the complaint.
If, in the course of the complaint procedure, the Customer does not respond to the Vendor’s inquiry requiring the provision of information by the Customer or the Customer’s response, despite an additional reminder by the Vendor, the complaint shall be considered withdrawn upon the expiration of 7 days from the date of receipt of the Vendor’s inquiry.

§ 7 CANCELLATION OF ORDER, WITHDRAWAL FROM SALES CONTRACT

In accordance with the provisions of the Law on Consumer Rights, the right of withdrawal from a contract concluded off-premises or at a distance does not apply to a consumer with respect to a contract in which the subject of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs.

§ 8 REFUNDS

The Seller shall reimburse Customers within 14 (fourteen) days in the event of withdrawal from the Sales Contract in case of acceptance of a complaint in accordance with §5 of the Terms and Conditions.
The Seller shall refund the amount due to the Customer’s bank account or via postal money order, after agreeing with the Customer on the form of refund chosen by the Customer and calling on the Customer to provide the data required for the bank transfer or postal money order.
The Seller shall not be liable for non-reimbursement or delay of such reimbursement if, despite addressing to the Customer at the e-mail address provided by the Customer the summons referred to in §8 par. 2 above, the Customer fails to provide the Vendor with the required data, or if the response to the request is incomplete and makes it impossible to effectively make the return. The seller is also free from liability if the return was not made or was made late due to the transmission by the customer of incorrect data required for bank transfer or postal order. Reimbursement will be made in such a case, immediately after obtaining the above-mentioned. data from the customer.

§ 9 FREE SERVICES

The Seller provides services to Customers, electronically, free of charge:
Newsletter;
Sending an inquiry about the Goods to the Seller;
The services indicated in §8 para. 1 above are provided 24 hours a day, 7 days a week. The Seller reserves the right to choose and change the type, forms, time and manner of granting access to the selected listed services, of which it will inform the Customers in a manner appropriate for changing the Terms and Conditions.
The Newsletter service may be used by any Customer who enters his/her name and e-mail address, using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the customer will immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation by the Seller. At that moment, the contract for electronic provision of Newsletter service is concluded.
Newsletter service consists of sending by the Seller, to the e-mail address, messages in electronic form containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all Customers who have subscribed. Each Newsletter addressed to the Customers’ data includes, in particular: information about the sender;
completed “subject” field, specifying the content of the shipment;
Information on the possibility and method of cancelling the free Newsletter service.
The service of sending an inquiry about the Goods to the Seller, involves sending a message to the Seller using a form on the Store’s Website.
The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link provided in each email sent as part of the Newsletter service.
Cancellation of the free service of sending an inquiry about Goods to the Seller, is possible at any time and consists in ceasing to send inquiries to the Seller.
The Seller is entitled to block access to the Client’s Account and free services, in case the Client acts to the detriment of the Seller or other Clients, the Client violates the law or the provisions of the Terms and Conditions, as well as when blocking access to free services is justified by security reasons – in particular: breaking the security of the Store’s Website by the Client or other hacking activities. The blocking of access to free services for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for the blocking of access to free services. The Vendor shall notify the Customer of the blocking of access to free services electronically to the address provided by the Customer in the registration form.

§ 10 RESPONSIBILITY

The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with customers who are Entrepreneurs, the Seller shall be liable only in the case of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
The Seller shall not be liable for the non-performance or improper performance of services provided electronically, if caused by third parties (in particular, telecommunications operators, providers of telecommunications lines and electricity).
However, the Seller shall be liable as for its own act or omission for the acts or omissions of persons with whose help it performs services provided electronically, as well as persons to whom it entrusts the performance of such services.
The Seller shall not be liable for the inability or impediment to use the Online Store, resulting from reasons attributable to the Customer.
However, the Seller shall be liable if the Customer’s loss or entry into possession by third parties of his Password occurred for reasons attributable to the Seller or reasons for which the Seller is responsible.
The Seller shall not be liable for damages caused by the actions or omissions of customers, in particular for their use of the Online Store in a manner inconsistent with applicable law or the Regulations.
The exclusive source of the Seller’s obligations is these Regulations and the mandatory provisions of law.

§ 11 PERSONAL DATA AND “COOKIES”

The administrator of the personal data of customers provided to the Seller voluntarily within the framework of the provision of electronic services by the Seller or within the framework of other circumstances specified in the Regulations, is the Seller.
Personal data will be processed by the Seller only on the basis of authorization to process data and only for the purpose of carrying out orders or services provided electronically by the Seller and other purposes specified in the Regulations
Personal data provided to the Seller is given to him voluntarily. Anyone who submits their personal data to the Seller has the right to access and correct it.
The vendor provides the possibility to delete personal data from the collection. The vendor may refuse to delete personal data if the customer has not paid all amounts due to the vendor or has violated applicable laws, and the preservation of personal data is necessary to clarify these circumstances and determine the responsibility of the customer.
The vendor protects the personal data provided to it and makes every effort to protect it from unauthorized access or use.
The Seller shall not transfer, sell or lend the collected personal data of Customers to other persons or institutions, except with the express consent or at the request of the Customer, in accordance with applicable laws, or at the request of a court, prosecutor’s office, police or other authorized body, in case of violation of the law by the Customers.
The Seller reserves the right to disclose to companies and websites cooperating with the Seller aggregate, general statistical summaries concerning Customers.
Such statements relate to the viewership of the Configurator website and do not contain personal data of the Customers.
The Vendor uses the mechanism of “cookies”, which are saved by the Vendor’s server on the hard drive of the Customer’s terminal device when the Customers use the Configurator.
The use of “cookies” is for the proper operation of the Configurator on Customers’ terminal devices. This mechanism does not damage the Customer’s terminal device and does not cause configuration changes in the Customers’ terminal devices or the software installed on these devices. “Cookies” are not intended to identify Customers.
The seller uses the mechanism of “cookies” in order to:
To remember information about Customers’ end devices;
Verification and development of its offerings;
statistical.
Each customer can disable the “cookies” mechanism in the browser of his/her end device. The Seller points out that disabling “cookies” may, however, make it difficult or impossible to use the Configurator.

§ 12 FINAL PROVISIONS AND AMENDMENT OF THE REGULATIONS

Should any provision of the Framework for Cooperation be or become invalid, the remaining provisions of the Framework for Cooperation shall remain in effect.
The Customer is obliged to inform the Seller about the change of the electronic address and telephone number at which the contact between the Seller and the Customer is conducted, under pain of considering the information sent to the address indicated by the Buyer as effectively delivered.
To the extent not regulated in the Framework Rules of Cooperation, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Civil Code.
The seller and the customer agree to resolve disputes arising in connection with the placement and execution of the order and performance of obligations by each party through mediation. Sales and provision of services by the Seller are given the properties of Polish law.
If it is not possible to resolve the dispute through mediation, the court with jurisdiction over the case shall be the court with jurisdiction over the registered office of the Seller.
The Regulations are effective as of the date of publication on the Configurator website and supersede the previous Configurator Regulations.
Regulations are subject to change. Each Customer will be informed of the content of the changes to the Terms and Conditions by the Seller posting a message about the changes to the Terms and Conditions, including a summary of the changes to the Terms and Conditions, on the main page of the Configurator, and maintaining this information on the main page of the Configurator for at least 7 (seven) consecutive days. Notification of changes to the Terms and Conditions, in the manner specified above, will be made no later than 7 (seven) days prior to the introduction of the amended Terms and Conditions.
All orders accepted by the Seller for execution before the date of the change of the Regulations are executed on the basis of the Regulations that were in force on the date of placing the order by the Customer
If a dispute arises under the concluded Sales Agreement, the parties will seek to resolve the matter amicably. The governing law for the resolution of any disputes arising under these Terms and Conditions shall be Polish law.