ONLINE STORE REGULATIONS

WWW.ARRAY-WORLD.COM

These regulations define the general conditions, rules and method of sale conducted by Ferly Sp. z o. o. with its registered office in Warsaw, via the online store www.array-world.com and defines the terms and conditions for the provision of free services by electronic means.

 

1. GENERAL PROVISIONS

1.1.   The Online Store available at www.array-world.com is run by the company Ferly Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (registered office and correspondence address: Felińskiego 48/3 01-563, Warsaw); entered into the Register of Entrepreneurs of the National Court Register under the number 0000867106; registry court where the company's documentation is kept: District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of PLN 5,000; NIP 5252840972, REGON 387474502, e-mail address: hello@array-world.com and contact telephone number: (+48) 602 495 224, (+48)  601 202 609

1.2.   These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs.

1.3.   The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4.   The following expressions used in these regulations with a capital letter will have the following meanings:

  • Store - Array-world.com online store, located at www.array-world.com

  • Goods - all products that can be purchased in the Store

  • Seller - Ferly Sp. z o. o., with its seat in Warsaw, ul. A. Felińskiego 48 lok. 3, 01-563 Warsaw, which is the owner of the Store

  • Customer - a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, for which - in accordance with the Regulations and legal provisions - services may be provided electronically or with whom a Sales Agreement may be concluded

  • A consumer is (i) a natural person performing a legal transaction with the Seller not directly related to his business or professional activity or (ii) a natural person concluding a contract directly related to his business, if the content of this contract shows that it is not of a professional nature for him. , resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity

  • Entrepreneur - a natural person, legal person or organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity

  • Supplier - an entity with which the Seller cooperates in the issue (delivery) of Goods

  • Regulations - these regulations

  • Sales contract - a distance contract concluded between the Customer and the Company. The sales contract is governed by the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product.

  • Working days - means days of the week from Monday to Friday, excluding public holidays

 

2. GENERAL INFORMATION

2.1.   The condition to start using the Store is to read and accept these Regulations.

2.2 .  The Regulations are addressed to the Customers of the Store - they define the rules for placing orders in the Store and concluding Sales Agreements.

2.3.  The Store enables the purchase of Goods via the Internet.

2.4.   Information about the Goods available in the Store, including their descriptions and prices, does not constitute an offer to conclude a Sales Agreement within the meaning of the Civil Code, but only an invitation to submit such an offer.

2.5.   Photos and presentations of the offered Goods are examples and are used to present specifically indicated models.

2.6.   The goods in the Store are described in detail. The customer has access to information, in particular about their prices and materials from which they are made.

2.7.   The Store's customer is obliged to use the Store in a manner consistent with the provisions of law in force in the territory of the Republic of Poland and the provisions of the Regulations.

 

3.   CONCLUSION OF THE SALES CONTRACT

3.1.   The Customer concludes the Sales Agreement by placing an order on the Store's website.

3.2 .  The customer may place orders in the Online Store 7 days a week, 24 hours a day. Orders are processed only on working days.

3.3.   The condition for placing an order is to provide the Customer's data necessary for the delivery of the Goods, contact and generation of a receipt / invoice during the purchase in the Store.

3.4 .  Each time before placing an order, the Customer is informed - in particular - about the main characteristics of the Goods, the Seller's identification data, the total price for the selected Goods and delivery (transport, delivery, postal services), and - in the case of the Consumer - the right to withdraw from the Sales Agreement.

3.5.   In order to place an order, the Goods must be selected from the available offer. The Goods are added to the order by selecting the "ADD TO CART" command. After completing the entire order and indicating the method of delivery and payment method in the "CART", the Customer places the order by clicking on the "Place an order" field. It is necessary to accept the Regulations. When placing an order, the Customer is informed about the total price for the selected Goods and delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.

3.6 .  Until the selection of Goods is confirmed with the button "Place an order", the Customer may make changes.

3.7.   Confirming the order with the "Place an order" button is the Customer's offer submitted to the Store in order to conclude a Sales Agreement, in accordance with the Regulations.

3.8.   After placing the order, the Customer will receive a message confirming the acceptance of the order and its details to the e-mail address provided in the order. The information on the confirmation of placing the order is the Company's statement on the acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.

3.9 .  The sales contract is terminated if:

3.9.1.   the Customer's contact details are incorrect or incomplete or prevent the shipment of the Goods,

3.9.2.   there will be no payment authorization in the electronic payment system selected during the order,

3.9.3.  the payment will not be made within 2 days from the date of placing the order, if the Customer selects an ordinary transfer as a payment method.

3.10.   In the case referred to in point 3.9.1. payment is refunded to the Customer in the same way as payment for the order was made.

3.11.   After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a Durable Medium to the Customer's e-mail or physical address.

 

4.   DELIVERY AND COLLECTION

4.1.  The goods are shipped after receipt of payment by the Seller, within 4 business days following the day the payment is credited to the Seller's account. In exceptional cases, the order fulfillment time is confirmed by an employee of the Store via e-mail or by phone. The purchased Goods are delivered to the indicated address using the form of delivery chosen by the Customer from the options available in the Store. The fees for the delivery of products are given in the ordering process. The expected delivery time is up to 5 business days from the day following the shipment. The maximum order fulfillment date should not exceed 9 business days. 

4.2 .  When collecting the parcel delivered by the courier, in his presence, the Customer should carefully check the completeness of the parcel, the condition of the external packaging and the condition of the ordered Goods. In the event of damage to the parcel, the Customer should prepare a damage report together with the courier, in two identical copies signed by the Customer and the courier.

 

5.   SALE, PRICES, PAYMENTS

5.1 .  The prices listed in the Store, placed next to a given Product, are gross prices and do not include information on delivery costs and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of delivery and placing an order.

5.2.   The price of a given Good given in the Store binds the Seller from the moment of placing the order. The price referred to in the preceding sentence will not change regardless of its changes in the Store, which will take place after sending the Customer confirmation of the order for execution.

5.3.   In the Polish language version of the Store, the prices of the Goods are given in Polish zlotys.

5.4.   The store allows you to make payments by bank transfer or payment card via the PayU payment system.

5.5.  The Store reserves the right to change the prices of Goods, introduce new Goods for sale, carry out and cancel promotional campaigns on the Store's websites or introduce changes to them in accordance with the standards of the Civil Code and other laws.

5.6.  If you choose to pay by ordinary transfer, the Customer is obliged to pay for the Goods within 2 calendar days from the date of the contract, i.e. receiving an e-mail confirming the purchase.  

 

6.   COMPLAINTS

6.1.  The seller is liable to the customer if the product has a physical or legal defect (warranty).

6.2.  If the Product has a defect, the Customer may:

6.2.1.   submit a statement on price reduction or - in the case of a significant defect - on withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a Product free from defects, or instead of the replacement of the Product, request the removal of the defect, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed;

6.2.2.   demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement.

6.3.  The customer who exercises the rights under the warranty is obliged to deliver the defective Goods to the address of the Seller's Office. In the case of a Consumer, the cost of delivery is covered by the Seller.

6.4.  The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the delivery of the Goods to the Customer. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year - in the case of the Consumer, this period may not end before the expiry of the period specified in the first sentence.

6.5.   Any complaints may be sent by the Customer in writing to the address of the Seller's Office at the address: ul. Felińskiego 48/3 01-563 Warsaw  or electronically to the email address: hello@arrayworld.com 

6.6.  The Seller will respond to the request to replace or remove the defect of the Goods or to the declaration of price reduction reported in the complaint within 14 days from the date of its notification by the Customer. The Seller will provide the Customer with a response to the complaint on a Durable Medium.

 

7. RIGHT OF WITHDRAWAL (CONSUMERS)

7.1.  The Customer who is a Consumer may withdraw from the Sales Agreement, without giving a reason, within 14 days from the date of its conclusion, without prejudice to the statutory right to withdraw from a distance contract (including a contract for the provision of services), which can be performed without giving a reason. , within 14 days from:

7.1.1.   taking the Goods into the possession of the Consumer or a third party designated by him other than the Supplier;

7.1.2   the day of concluding the contract - for contracts other than the contract of sale. 

To meet the deadline, it is enough to send a declaration of will to withdraw before its expiry. The Seller shall immediately send the Consumer, on a Durable Medium, a confirmation of receipt of the declaration of withdrawal submitted by the method.

7.2.   The declaration of withdrawal from the contract may be submitted:

7.2.1.   in writing to the address of the Seller's Office,

7.2.2   in electronic form to the address hello@array-world.com

7.3.   An exemplary model withdrawal form is included on the Store's website in the "DELIVERY AND RETURN" tab and is sent via e-mail when placing the order.

7.4.  In the event of withdrawal from a distance contract, the contract is considered void.

7.5 .  If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.

7.6.  The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal, return all payments made by him, including the cost of delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are returned or the Consumer has provided proof of the Goods being returned, depending on which event occurs first.

7.7.  If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer for additional costs incurred by him, in excess of the cheapest standard delivery method offered by the Seller.

7.8.  The consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline. The returned Goods should be delivered or sent to the address of the Seller's Office. 

7.9 .  Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:

7.9.1. if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Store, the Seller is not obliged to refund the additional costs incurred by the consumer.

7.9.2. the consumer bears the direct costs of returning the Product, unless the Seller has made available to the Consumer the possibility of a free return via a courier company.

7.10.   The consumer is responsible for the decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.

7.11.   The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.

7.12.  The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to contracts:

7.12.1.   (1) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who has been informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life; (5) in which the subject of the service is an item 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; (6) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, 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 entrepreneur has no control; (8) in which the consumer has expressly demanded that the entrepreneur come to him for urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items; (9) in which 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; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) 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 contract indicates the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract

 

8.   PROVISIONS REGARDING ENTREPRENEURS WHO ARE NOT CONSUMERS

8.1.   This section of the Regulations and the provisions contained therein apply only to customers who are not consumers.

8.2.  The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

8.3.  In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.

8.4.  Upon the release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is delivered to the Customer, and for delay in transporting the shipment.

8.5.  If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier's liability.

8.6.  Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded. 

8.7.  The Seller's liability towards the Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Seller is liable to the Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not liable for the lost benefits in relation to the Customer who is not a consumer.

8.8 .  Any disputes arising between the Seller and the Customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller.

 

9. FINAL PROVISIONS

9.1.  The administrator and sole owner of the Store is Ferly Sp. z o. o. with its seat in Warsaw, address: Felińskiego 48/3 01-563, Warsaw NIP 5252840972

9.2.  Customers' personal data provided when placing an order in the Store are processed by the Company in order to fulfill orders and all kinds of communication between the Customer and the Seller on the terms set out in the Privacy Policy.

9.3.  By placing an order, the Customer agrees to use the Store in accordance with the provisions of these Regulations, as of the date of placing the order. 

9.4.  The seller is liable for non-performance or improper performance of the contract, including the contract of sale. In the case of contracts concluded with Entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actually incurred losses.

9.5.  The law applicable to the resolution of any disputes arising from the Regulations is Polish law.

9.6.  The Seller informs Consumers about the possibility of using extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.

9.7.  The Seller reserves the right to amend the Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The new Regulations are published on the website of the Online Store. In the scope of services providing for a continuous obligation, such as the Customer Account maintenance service, the Regulations may be changed in the event of:

9.7.1.   changes to generally applicable provisions of law or their interpretation used by authorized bodies, affecting the content of the Regulations and resulting in the need to adapt them to such a change in provisions or their interpretation;

9.7.2.   issuing a ruling, decision or other similar act by a court or an authorized public authority body, affecting the content of the Regulations and resulting in the need to amend it in order to adapt it to such a ruling, decision or other similar act;

9.7.3.   expansion or changes to the functionality of the Online Store;

9.7.4.   preventing violations of the Regulations or counteracting abuse;

9.7.5.   remove ambiguities or interpretational doubts regarding the content of the Regulations;

9.7.6.   technological changes in the processes in the Online Store, in particular in the process of setting up a Customer or purchasing Account;

9.7.7.   changes in the scope of names, addresses or other company data indicated in the Regulations -

- the Customer will be informed immediately about the change to the e-mail address known to the Seller; if the Customer does not terminate the contract for the provision of continuous services within 14 days, he is bound by the relevant provisions of the new Regulations.

9.8.   Agreements with the Seller are concluded in Polish.

9.9.   These Regulations constitute an integral part of the contract concluded with the Customer.

9.10.   The Regulations come into force on May 24, 2021

 

10.   COPYRIGHT

All photos, graphics, logos, publications and texts available in the Store are protected by the Act of February 4, 1994. on copyright and related rights (Journal of Laws 1994 No. 24 item 83). It is forbidden to illegally copy, reproduce or distribute any content posted on the Store's website.

Please do not hesitate to contact us