I. General provisions
- These Regulations define the general conditions, the manner of providing Services by electronic means and sales conducted via the Online Store www.orangefrog.store. The store is run by Wojciech Marciniak, running a business under the name ORANGE FROG WOJCIECH MARCINIAK entered in the register of entrepreneurs of the Central Register and Information on Economic Activity kept by the minister competent for economy at ul. Letnia 1, 53-018 Wrocław, NIP 8992883431, REGON 386711905, hereinafter referred to as the Seller.
- Contact with the Seller takes place through:
- e-mail address: firstname.lastname@example.org;
- contact form available on the Online Store website;
- chat available on the Online Store website.
- These Regulations are continuously available on the website www.orangefrog.store, in a way that allows its acquisition, reproduction and saving its content by printing or saving on a carrier at any time.
- The Seller informs that the use of the Services provided electronically may be associated with a threat on the part of every user of the Internet, consisting in the possibility of introducing malicious software into the Customer’s ICT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular anti-virus programs and a firewall.
The terms used in the Terms & Conditions mean:
- Working days – these are days from Monday to Friday, excluding public holidays;
- Customer – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Online Store or uses other Services available in The online store;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
- Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific activities within the Online Store;
- Consumer – a customer who is a consumer within the meaning of art. 22  of the Civil Code;
- Entrepreneur – a customer who is an entrepreneur within the meaning of art. 43  of the Civil Code;
- Terms & Conditions / Regulations – this document;
- Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
- Sales contract – a contract for the sale of goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – services provided by the Seller to customers by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
- Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Rules for using the Online Store
- Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- computer or mobile device with Internet access;
- access to electronic mail;
- Internet browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer;
- Using the Online Store means any activity of the Customer that leads to him becoming familiar with the content contained in the Store.
- The customer is obliged in particular to:
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties;
- use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;
- not to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store;
- se the Online Store in a way that is not inconvenient for other Customers and for the Seller;
- use of any content posted in the Online Store only for personal use;
- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, available on one of the pages of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
- The customer has the option of sending a message to the Seller via the contact form. The contract for the provision of the Service consisting in the provision of an interactive form enabling customers to contact the Seller is concluded for a definite period of time and terminates when the customer sends the message.
- The customer can contact the Seller via chat available on the Online Store website. The contract for the provision of the Service consisting in the provision of an interactive chat enabling Customers to contact the Seller is concluded for a definite period of time and is terminated when the Customer closes the chat window or leaves the Online Store website.
- The customer has the option of posting individual and subjective statements relating to, among others, in the Online Store. to the Goods or the course of the transaction. By adding statements, the customer declares that he has all rights to this content, in particular copyrights, related rights and industrial property rights. The contract for the provision of the service consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated when the opinion is added.
- Statements should be drafted in a transparent and understandable manner, and must not violate applicable law, including the rights of third parties – in particular, they must not be defamatory, violate personal rights or constitute an act of unfair competition. The posted statements are disseminated on the websites of the Online Store.
- By posting the statement, the Customer agrees to the free use of this statement and its publication by the Seller, as well as the preparation of works within the meaning of the Act on copyright and related rights (Journal of Laws 1994 No. 24 item 83).
- The Seller has the right to organize occasional competitions and promotions, the terms of which will be announced on the Store’s websites each time. Promotions in the Online Store may not be combined, unless the Regulations of a given promotion provide otherwise.
- In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after an unsuccessful call to cease or remove the violations, with the appointment of an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure of concluding the Sales Agreement
- Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.
- All Goods available in the Online Store are brand new and have been legally placed on the Polish market.
- The condition for placing an Order is having an active e-mail account.
- In the case of placing an Order via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of the Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer, if the Seller sends a confirmation of acceptance for the Order completion to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer and a Sales Agreement is concluded upon its receipt by the Customer.
- Placing an Order in the Online Store by sending an e-mail or by sending a message via the contact form takes place on the Working Days and hours indicated on the Online Store website. For this purpose, the customer should:
- provide in the content of the e-mail or in the text of the message sent via the contact form, addressed to the Seller, the name of the Goods from among the Goods on the Store’s website and its quantity;
- indicate the method of delivery and payment method from among the methods of delivery and payment provided on the Store’s website;
- provide the data needed to complete the Order, in particular: name and surname, place of residence and e-mail address.
- Information on the total value of the Order, referred to in point above, is provided each time orally by the Seller after completing the entire Order or by informing by e-mail with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at this moment the Sales Agreement is concluded.
- In the case of a Customer who is a Consumer, the Seller, each time after placing the Order via e-mail or the contact form, sends the Customer confirmation of the terms of the placed Order.
- The contract is concluded when the Customer who is a Consumer (in response to the confirmation of the terms of the Order sent by the Seller) sends an e-mail to the Seller’s e-mail address, in which the Customer: accepts the content of the Order sent and agrees to its implementation and accepts the content of the Regulations and confirms reading the instructions on withdrawal from the Agreement.
- After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them to the Customer’s e-mail address or in writing to the address provided by the Customer.
- The sales contract is concluded in Polish, English and German in accordance with the Regulations.
- The delivery of the Goods is limited to the territory of the European Union and is carried out to the address provided by the Customer when placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods:
- via a courier company;
- via the postal operator;
- delivered to the parcel locker.
- The Seller on the Store’s websites in the description of the Goods informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- The time of delivery and execution of the Order is counted in Working Days in accordance with point VII point 2.
- The seller provides the customer with a proof of purchase.
- If for the Goods covered by the Order, a different period of implementation is provided for, the longest period shall apply to the entire Order.
VII. Prices and payment methods
- The prices of the Goods are given in Polish zlotys, euro, Czech crowns, Swedish kroner, Norwegian kroner, Danish kroner and forints at the customer’s choice and include all components, including VAT, customs duties and other fees.
- The customer may make the payment by electronic method (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent’s system about the payment made by the Customer, and the shipment will be made immediately after completing the Order).
- The Seller on the Store’s websites informs the Customer about the date on which he is obliged to pay for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an unsuccessful request for payment with the appointment of an appropriate deadline, may withdraw from the Agreement pursuant to art. 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
- The Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
- The customer may formulate the statement on his own or use the statement template provided by the Seller on the Store’s website.
- The 14-day period is counted from the day on which the Goods were delivered or, in the case of the Contract for the provision of Services, from the date of its conclusion.
- Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send to the Consumer’s e-mail address confirmation of receipt of the declaration of withdrawal from the Agreement.
- The right to withdraw from the Agreement by the Consumer is excluded in the event of:
- provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he will lose the right to withdraw from the Contract Agreements;
- For an agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the Agreement;
- where the subject of the service are non-prefabricated goods, manufactured according to the Consumer’s specification or serving to satisfy his individual needs;
- For an agreement where the subject of the service are Goods that deteriorate quickly or have a short shelf life;
- For an agreement where the subject of the service are Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- For an agreement where the subject of the service are products that after delivery, due to their nature, are inseparably connected with other things;
- For an agreement where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
- For an agreement in which the Consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
- For an agreement where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
- Agreements concluded by public auction;
- Agreements for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision;
- Contracts for the supply of digital content that are not stored on a tangible medium, if the performance began with the Consumer’s express consent before the deadline to withdraw from the Agreement and after informing the Seller about the loss of the right to withdraw from the Agreement.
- In the case of withdrawal from a Distance Agreement, the Agreement is considered void. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, not later than within 14 days. The purchased Goods should be returned to the Seller’s address.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve the Consumer at any cost. The Seller may withhold the reimbursement of payments received from the Customer until the item is returned or the Customer provides proof of its return, depending on which event occurs first, unless the Seller has offered to collect the item from the Customer himself.
- If the Consumer has chosen a method of delivering the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints about the Goods under the warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms of art. 556 – 576 of the Civil Code.
- Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Regulations should be sent to the following address: Orange Frog Wojciech Marciniak, ul. Holenderska 23, 54-403 Wrocław, to the e-mail address: email@example.com.
- In order to consider the complaint, the Customer should send or deliver the Goods under complaint, attaching the proof of purchase if possible. The goods must be delivered or sent to the address indicated in point 3.
- The seller undertakes to consider each complaint within 14 days.
- In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary, immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints regarding the provision of electronic services
- The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: Orange Frog Wojciech Marciniak, ul. Holenderska 23, 54-403 Wrocław, to the e-mail address: firstname.lastname@example.org.
- In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
- The goods may have a manufacturer’s warranty.
- In the case of Goods covered by the guarantee, the information on the existence and content of the guarantee and the period for which it was granted is each time presented in the description of the Goods on the Store’s websites.
XII. Out-of-court complaint and redress methods
- The Customer who is a Consumer has, among others the following options for using out-of-court complaint and redress procedures:
- is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
- is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address: email@example.com;
- submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
XIV. Final Provisions
- All rights to the Online Shop, including proprietary copyrights, intellectual property rights to its name, Internet domain, Online Store website, as well as to the forms, logotypes belong to the Seller, and their use can be performed only in the manner specified and compliant with the Terms and Conditions.
- Settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.
- In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
- Each customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.