Conditions d'utilisation

§ 1. General provisions

1. The following capitalized terms used in the Regulations shall have the following meaning:

1) Fink - Website administrator providing the service of sharing resources and information for people visiting the website or a profile in Social Media: Fink Group sp. z oo with its registered office in Psary Małe (Poland), at ul. Folwarczna 6, postal code: 62-300 Psary Małe, registered with the share capital of PLN 30,000 in the District Court Poznań-Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register under the KRS number: 0000848497, NIP: 7891791218, REGON: 386425335, e-mail info@fink.store,

2) Customer - a natural person who visits and browses the content of the Website or Social Media and / or places an Order,

3) Instant messaging - applications for remote communication used by Fink to contact customers as part of or in connection with the fact that Fink maintains accounts in Social Media: Messenger (profile address: https://www.facebook.com/finkstoreofficial/) and Instagram (profile address: https://www.instagram.com/finkstoreofficial/ )

4) Social Media - the name common to online social media platforms (websites) on which Fink runs profiles and through which it provides the Services listed in § 3 R to the Customers. exams. This applies to websites such as Facebook (profile address: https://www.facebook.com/finkstoreofficial/), Instagram (profile address: https://www.instagram.com/finkstoreofficial/) and Pinterest (profile address: https: //pl.pinterest.com/finkstore/)

5) Offer - description and photos of the services provided and goods sold by Fink as part of its business activities, used to promote them; all announcements, advertisements, price lists posted on the Website or Social Media should be treated not as an offer within the meaning of the Civil Code, but as an invitation to submit offers (Orders) by the Customer,

6) Regulations - this document with attachments specifying the rules for the provision of Services by electronic means by Fink,

7) Website - an online platform run at www.fink.store, through which Fink provides the Customers with the Services listed in § 3 of the Regulations,

8) Goods - Fink products presented on the Website and in Social Media,

9) Service - a service provided electronically by Fink to customers, consisting in sending data via public ICT systems at the individual request of the indicated entity, without the simultaneous physical presence of the parties in order to perform the tasks referred to in § 3 para. 1,

10) Order - the Customer's declaration of will constituting an offer to purchase the Goods, aimed directly at the conclusion of a sales contract, and specifying in particular the type, number and price of the Goods.

2. The Regulations have been issued by Fink, which provides Services based on it.

3.The Regulations define the rules for the functioning of the Website and Social Media, including in particular:

1) the conditions on which Fink makes the Website and Social Media available for use (including the content contained therein) and provides Services with their help,

2) rules for using Website resources and Social Media.

4. The Regulations are made available by Fink at any time free of charge to all persons visiting the Website and Social Media and using the Services available through them. The Regulations are made available on the Website in such a way that it is possible to obtain, reproduce and record the content of the Regulations via the Internet.

5. The application of the Regulations is excluded for those functionalities of the Website, Social Media and Services provided by Fink, which are clearly regulated by separate regulations or agreements (eg general regulations of Facebook, Instagram and Pinterest regulating the principles of operation of these websites).

 

§ 2. Terms of use of the Website and Social Media and the provision of Services

1. Customers and guests of the Website and Social Media may be natural persons over 16 years of age and persons under 16 years of age, with the proviso that if the use of the Website or Social Media involves consent to the processing of personal data, such processing is in accordance with with the law only in cases where the consent has been given or approved by the person exercising parental authority or custody of the child, and only to the extent of the consent given. Fink reserves that in accordance with Art. 8 sec. 2 GDPR, as the administrator of personal data, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child has consented or approved it. In the case of Social Media Customers, the verification of the Customer's age, and thus the consent, if any, for a person under 16 to use the resources placed on these Media is carried out in accordance with the rules set out by the Social Media administrators.

2. When using the Website and Social Media, including instant messaging services made available through them, each Customer is obliged to provide the required and true data. The person visiting the Website or Social Media is responsible for the correctness, content and form of all data and information provided by them. Providing false data and information, in particular third party data or fictitious data, is prohibited. The customer providing such data or information bears all and sole responsibility in this respect towards Fink and third parties whose interests may be infringed in this way.

3. In order to use the Website, Social Media or Services, the following technical conditions must be met:

1) have access to the Internet,

2) use a web browser (one of the following): Firefox, Chrome, Safari, Edge, Opera, updated to the latest version, with Javascript enabled,

3) have a device whose technical parameters allow the use of the above-mentioned web browsers,

4) have an active e-mail account when subscribing to the Newsletter or communicating via e-mail, and in the case of submitting by The Customer of the Order on the Website additionally requires an active mobile phone number , with certain functions - necessary address to trusted addresses, the website these services,

5) in the case of using antivirus, anti-spam or firewall software (firewall software) which, due to their settings, block access to certain websites, including the Website, or prevent the use of certain functions - appropriate software configuration is necessary, in particular by adding the Website address to trusted addresses,

6) in the case of using content posted on Social Media - meet the technical conditions specified by Social Media websites, and available directly on the website of the said website and have an active account on these websites,

7) if the Customer uses Instant Messaging, the Customer should meet the technical conditions specified for these applications by their producers or distributors, and available to the user at the time of their installation on devices that support them or made available on websites dedicated to the aforementioned applications. In order to communicate efficiently with Fink via the mentioned Messenger, the Customer should:

a) have the latest version of one of the mentioned applications installed on the device, and in the case of using Messenger via the website - the latest version of the browser,

b) have an account registered in the application - Internet communicator,

c) in the case of audio / video calls, have a built-in webcam, speakers and a microphone or have external devices compatible with the Customer's device, and configure them in a way that allows sending and receiving image and / or sound and consent to access to the image and audio from the webcam and microphone.

4. Fink makes every effort to ensure that the use of the Website and the content posted on Social Media is possible from all popular types of computers, operating systems and web browsers, however, it does not guarantee the possibility and efficiency of using the Website in whole or in part using tools other than those listed. in paragraph 3.

5. Fink is not responsible for the possibility and efficiency of the use of all or part of the Social Media and Instant Messenger by the Customer, in the event of failure by him to meet the technical conditions specified by the administrators of these social media or producers of Instant Messenger which the Customer can find directly on the websites indicated websites and applications.

 

§ 3. Types and scope of Services provided electronically

1. As part of the services provided electronically, Fink:

1) providing Customers with the Website, under which the Customer is entitled to:

a) view the content of the Website, including Offers,

b) contact Fink via the e-mail address provided,

c) subscribing to the Newsletter,

d) placing Orders for goods offered by Fink and making payments,

2) provides customers with content posted on their profiles in Social Media, under which the Customer is entitled to:

a) browsing the content of the profile,

b) searching and browsing the Offers profile,

c) contact via instant messaging provided by Social Media,

d) depending on the functionality of specific Social Media - commenting and marking specific content in the form of likes or other available, and also to share content (including images and videos) posted ch on the profile,

2. The service consisting in the possibility of exchanging correspondence between the Customer and Fink takes place according to the following rules:

1) for correspondence via e-mail:

a) e-mail should be sent to the e-mail address provided on the Website,

b) a reply to the sent message other than the complaint, the Customer obtains within 72 hours of sending the message to Fink; Saturdays and Sundays and public holidays in Poland are not counted until the response time,

c) after the deadline indicated above, if the Customer does not receive a reply to the message sent by him, the SPAM / Junk folder in the Customer's inbox should be verified. If the Customer does not find the e-mail in the indicated folder, he should contact Fink using a different, available form of contact,

2) for correspondence conducted via Instant Messaging provided by Social Media, under which Fink maintains its profile:

a) sending messages via the Instant Messenger are based on the following applications: Messenger or other instant messaging applications built into Social Media websites and in accordance with the rules and regulations in force in the applications in question independent of these Regulations,

b) response to the message sent, the Customer receives a maximum of 72 hours from the moment the message was sent to Fink; until the response time, Saturdays and Sundays and public holidays in Poland are not counted,

c) after the expiry of the above-mentioned deadline, if the Customer does not receive a response to the message sent by him, the Customer should contact Fink using another available form contact, e.g. electronically (by e-mail) using the e-mail address provided on the Website,

3) access to correspondence exchanged between the Customer and Fink - regardless of the form of contact chosen by the Customer - Fink and persons authorized by it, as well as other entities involved in the provision of electronic services to the customer, e.g. internet service providers, telecommunications companies, etc. on the basis of data processing agreements concluded between Fink and these entities. In the case of correspondence exchanged via instant messengers (eg Messenger), access to the content, under the regulations applicable to these applications, may also be available to entities providing the indicated tools. The action in question is taken by these entities, regardless of Fink and these Regulations. 3. If the Customer uses the content posted by Fink on Social Media or contacts Fink via Instant Messaging, the Customer also uses the services provided by the administrators of these Social Media or producers of remote communication software. These services are provided by other entities, on the basis of separate regulations, privacy policies and on the basis of a separate contract for the provision of electronic services (separate legal relationship), to which Fink is not a Party. Fink has no influence on the availability, nature and quality of these separate services, therefore, before using the services referred to in this paragraph, Fink recommends that you read the relevant regulations, instructions and privacy policy regarding the provision of these services by entities other than Fink.

 

§ 4. Conclusion and termination of the Agreement for the provision of electronic services

1. The Agreement for the provision of electronic services regulates the rules for the provision of Services by Fink consisting in sharing and sending data via the Internet, including the presentation of content and providing the Customers with the functionality of the Website and Social Media, as well as communication via the Internet. The contract for the provision of Services by electronic means should be distinguished from contracts for the sale of Goods, which may be concluded between Fink and the Customer in connection with the use of the Website, and which are regulated in § 6 of the Regulations.

2. The contract for the provision of Services by electronic means under the terms of these Regulations is concluded for the period of using the Services, when:

1) the Customer starts using the Website,

2) the Customer visits Social Media, including contact with Fink by the Customer via instant messaging,

3) the Customer contacting Fink via e-mail,

4) subscribing to the Newsletter.

3. The contract for the provision of electronic services is terminated upon the completion of the provision of Services to the Customer, in particular when the Customer leaves the Website, the Customer leaves the Fink profile placed on Social Media, and if the Customer initiates contact with Fink, upon obtaining by the Customer, answering questions asked respectively via e-mail, ending a chat or video conversation via the Internet Messenger, as well as upon unsubscribing from the Newsletter. The contract for the provision of electronic services is terminated in each case when Fink decides to stop providing selected Services at all or to cease to provide them to a given Customer.

4. Fink's decision to discontinue the provision of Services to the Customer may result from:

1) breach of the provisions of the Regulations by the Customer ,

2) Fink's cessation of the provision of Services by Fink in whole or in part.

 

§ 5. Basic rights and obligations of Fink and its Customers resulting from the conclusion of the Agreement for the provision of electronic services

I. Rights and obligations of Fink

1. Fink undertakes to provide Services to the Customers.

2. Fink makes every effort to ensure that the content posted on the Website and in Social Media is correct, up-to-date and continuously available.

3. Fink shall not be liable:

1) for the behavior of customers on the Website and as part of Social Media,

2) for the consequences of actions taken by customers and third parties, violating the provisions of the Regulations,

3) for disruptions in the proper functioning of the Website or Social Media resulting from as a result of:

a) actions of third parties or force majeure,

b) resulting from using the Website or Social Media in a manner inconsistent with generally applicable law or the Regulations,

c) shutdown or failure of the ICT system,

d) failure of the power grid,

e) inability to use from the Website or Social Media, caused in particular by the quality of the connection, failure of the ICT system or power network, incorrect configuration of the software of the person using the Website / Media,

4) for disruptions in the proper functioning of Social Media and Instant Messaging, including the lack of access to them, b resulting from improper operation of these Media or Messenger,

5) for the truthfulness and reliability of information and other content provided by Customers on the Website, Social Media and Internet Messenger.

4. Fink reserves the right to temporarily discontinue the provision of Services in connection with the modernization or reconstruction of the Website, including the modernization or reconstruction of social profiles as part of Social Media or with maintenance works. Fink will make every effort to ensure that interruptions in the provision of Services take place at night, are not burdensome for people using the Website or visiting Social Media, and that they are informed in advance about planned service works.

II. Customers' rights and obligations

1. All activities undertaken by customers on the Website and in Fink Social Media should be consistent with good manners and applicable law. Visitors to the Website and Social Media are obliged to refrain from actions that adversely affect the safety of the Website and Social Media or could harm other Customers.

2. Visitors to the Website and Social Media are fully responsible for actions and omissions related to the use of the Website and Social Media and may be liable for damages towards Fink or other Customers.

3. Each customer declares that he has read the text of the Regulations in full and accepts all provisions unconditionally. In the event of non-acceptance of any of the provisions of the Regulations, the Customer is obliged to refrain from further use of the Website and Fink Social Media.

4. Customers accept the necessity to provide the data necessary when using the Services, especially those related to placing Orders, in particular a valid, active e-mail address and an active telephone number.

5. Customers using the Services are obliged to refrain from:

1) using the Website and Social Media in a manner inconsistent with the Regulations,

2) taking any action that may hinder or disrupt the functioning of the Website and Social Media,

3) from using the Website and Social Media in a way that is burdensome for other Customers,

4) using the Services in a manner that is against the law, decency, violating the personal rights of third parties or the legitimate interests of Fink.

 

§ 6. Orders and Contracts for the Sale of Goods, the right to withdraw from the contract, warranty

1. The Website provides functionality that allows customers to view Offers and place Orders for Goods.

2. The photos of the Goods presented on the Website have been taken with the greatest care and, together with their descriptions, reflect the actual appearance and characteristics of the products offered. However, bearing in mind the various parameters of the equipment used by customers to display and view the posted photos, including resolution, refresh rate, display formats and color depth, as well as the customer's lighting conditions, which may differ from the lighting in which the photos were taken, the actual color of the Goods may slightly differ from the one presented in the photos. The availability of a given Good on the Website is not tantamount to its availability in the warehouse - the Order completion dates provided on the Website are an approximate time for Fink to verify Orders and the possibility of their implementation and confirmation.

3. All prices of the Goods listed on the Website are gross prices, including VAT. The given prices of the Goods do not include the prices of the delivery, the value of which is calculated in accordance with paragraph 8.

4. Orders for Goods may be placed only by Customers who have their place of residence or seat and who indicate as the place of delivery - the territory of the European Union.

5. To place an Order, go to the Website's website and:

1) select the Goods by taking further technical steps based on the information displayed on the Website; the selection of the ordered Goods is made by adding them to the basket,

2) provide the required personal data, including a valid e-mail address and mobile phone number,

3) accept the content of the regulations and press the button confirming the submission of the Order,

4) pay the Order through one of the forms payments provided for on the Website.

6. When placing the Order - until the button confirming the Order placement is pressed - the Customer may modify the entered data and the selected Product. After the Customer using the Website provides all the necessary data, a summary of the placed Order will be displayed, including, among others, a description of the selected goods or services, the total price and all other costs, including delivery costs. The customer has the option to remember the data for the purpose of placing future orders. Placing an Order takes place when all the activities referred to in paragraph 5. After placing the Order, the Customer receives an e-mail confirming all the essential elements of the Order.

7. Immediately after placing the Order and posting the payment, Fink begins to verify the feasibility of its implementation. In the case of Orders, the content of which remains in accordance with the Regulations and the Offer, and also when the Order can be processed due to stock levels, Fink proceeds to its implementation. The final conclusion of the contract for the sale of Goods takes place upon the final acceptance of the Order by Fink, which takes place at the time of shipment of the Goods, about which the Customer learns by emailing the shipment number. The contract for the sale of Goods is concluded in accordance with Polish law.

8. If it is not possible to fulfill the Order on the terms specified therein, Fink informs the Customer via e-mail about the reasons for the refusal to execute the Order and refunds the settled price within 7 working days from the date of providing the information. If Fink does not have data enabling such a return, it asks the Customer to send the necessary information and makes the return within 7 working days of receiving it.

9. Deliveries of goods are made only to the address indicated in the Order via courier or shipping companies selected by Fink. The price of delivery depends on the place of delivery, as well as the nature, size and value of the Order. The final value of the delivery price is calculated at the stage before the final submission of the Order and is part of its content.

10. The customer is obliged to verify the condition and content of the shipment, paying particular attention to signs of dents, tears or holes in the packaging. In the event of any damage, the Customer should report his reservations to the courier delivering the parcel and draw up a damage report signed by the courier. Failure to prepare a damage report may be the basis for rejecting a possible complaint, if its subject is mechanical damage during transport.

11. Customers who are natural persons, for whom the conclusion of the contract for the sale of the Goods was not directly related to their business or professional activity, have the right to withdraw from the contract for the sale of the Goods without giving any reason within 14 days from the date on which they received the ordered Goods. In order to exercise the right to withdraw from the contract for the sale of Goods, the Customer should inform Fink about his decision by means of an unequivocal statement.

12. The declaration of withdrawal from the contract should be submitted by sending it in a paper version to the Fink address or by e-mail to the Fink e-mail addresses provided in these regulations. In order to meet the deadline to withdraw from the contract, it is enough to send information regarding the exercise of the right to withdraw from the contract before the deadline to withdraw from the contract (the date of the postmark or the date of sending the message via the Internet).

13. In the event of withdrawal from the concluded contract, the Customer bears the direct costs of returning the ordered Goods and is responsible for reducing the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Goods. In the remaining scope, Fink will return to the Customer all payments received from him, including the costs of delivery of the Goods, but not later than 14 days from the date on which Fink was informed about the decision to exercise the right to withdraw from the contract and subject to paragraph

14. The reimbursement will be made using the same payment methods that were used in the original transaction, unless it turns out to be impossible for technical reasons and the Customer chooses another form of return. 14. In the event of a declaration of withdrawal from the Agreement, the Customer shall immediately, and in any case not later than 14 days from the date of sending the declaration, return the Goods to Fink at his own expense. Fink asks you to send or deliver the returned Goods to the following address: Fink Group Sp. z o. o., ul. Folwarczna 6, 62-300 Psary Małe, Poland. Fink may withhold the reimbursement of the payment for the Order until receipt of the Goods. The mere return of the Goods without an unequivocal statement does not result in withdrawal from the contract.

15. Withdrawal from the contract is not possible if the subject of the contract of sale were non-prefabricated goods, manufactured according to the customer's specifications or serving to satisfy his individual needs.

16. In the event of a defect in the goods, the Customer has the option of complaining about the defective goods on the basis of the warranty regulated in the Civil Code, in particular, he may request Fink to remove the defect, reduce the price and replace the item with a defect-free one, as well as submit a declaration of withdrawal from the contract. When submitting a complaint, the Customer should describe the circumstances of the case in detail, attach photographic documentation and indicate the method of settling the matter that he or she expects. If it turns out that the advertised Goods need to be delivered to the seller, Fink asks you to send or deliver the returned Goods to the following address: Fink Group Sp. z o. o., ul. Folwarczna 6, 62-300 Psary Małe, Poland. If the complaint is accepted, Fink shall bear or reimburse the costs of delivering the Goods.

17. In connection with the execution of Orders, Fink uses the services of external suppliers (eg TrustPilot) to collect reviews and feedback on the quality of services provided and the Goods sold. For this purpose, after completing the Order, the Customer may receive correspondence asking for an opinion. Opinions may be published on the Internet, and their expression by the Customer is voluntary.

 

§ 7. Newsletter

1. Fink provides the Newsletter Service by electronic means, consisting in sending information containing content on various topics, including commercial topics, regarding the offer of products and services provided by Fink in the form of a message to the e-mail address provided by the Customer. The Newsletter service is provided free of charge for an indefinite period.

2. In order to activate the Newsletter Service:

1) use a device with Internet access with an installed and correctly configured, current version of the web browser,

2) have an active e-mail address,

3) place an order for the service by providing your e-mail address in the electronic form available on the Website and clicking the subscription button.

3. The User may at any time deactivate the Newsletter Service, which is tantamount to immediate termination of the contract for the provision of the Newsletter Service.

4. In order to deactivate the Newsletter Service, click the "Unsubscribe" link in the e-mail messages you receive or write a request to cancel the service to info@fink.store. The Newsletter Service may also be deactivated on the initiative of Fink, in the event of failure by the Customer to comply with the obligations required by the Regulations.

5. As soon as the Newsletter Service is deactivated, Fink stops sending messages to the Customer's e-mail address. The User may re-order the Newsletter Service at any time.

 

§ 8. Protection of intellectual property rights on the Website and in Social Media

1. All materials, including graphic elements, arrangement and composition of these elements and other information, available on the Website and in Social Media, are subject to the rights of Fink or third parties. Navigation solutions, the selection and arrangement of content and graphics, compilations and databases, classifications, rankings, compilations and reports are subject to intangible property rights to works or databases of Fink or third parties. The above-mentioned elements are subject to proprietary copyrights, industrial property rights and database rights and as such enjoy statutory legal protection.

2. It is unacceptable for customers to use the materials referred to in paragraph 1 to the extent that goes beyond the use permitted under applicable law. In particular, it is forbidden to:

1) modify or reproduce these materials and post them on other websites or make them available to third parties in any other way, in whole or in part,

2) placing references to the Website and Social Media in such a way that it is difficult or impossible to learning about the source of materials,

3) reproduction of materials on carriers and dissemination and marketing of the copies thus produced,

4) dissemination of elaborations of materials or graphic design, regardless of the reasons or purpose of such dissemination. The above provisions shall apply accordingly to the graphic design of the Website and Fink Social Media.

3. Downloading or using in any scope the materials available on the Website and Social Media each time requires the consent of Fink and may not violate:

1) the provisions of the Regulations and generally applicable law,

2) the interests of Fink and third parties.

 

§ 9. Security, privacy and confidentiality on the Website and in Social Media

I. Security on the Website and in Social Media

1. The overriding goal of Fink, as the administrator of personal data of visitors to the Website and Social Media, is to provide all Customers of the Website and Social Media with privacy protection. as well as data and documents used when using the Website and Social Media at a level at least corresponding to the standards set out in applicable legal provisions, in particular regarding the provision of electronic services, personal data protection and telecommunications law. Fink makes every effort to protect customers against unauthorized access, unauthorized modification, disclosure and destruction of data used through or with the participation of the Website and Social Media.

2. In order to protect the Customers' data on the Website:

1) when providing the Services, Fink uses SSL encryption and firewalls,

2) data on the Website's servers are periodically archived (so-called backup),

3) Fink controls its own collection methods , storage and processing of information, including physical security measures to protect against unauthorized access to the processed data,

4) access to personal data is only granted to Fink employees and contractors, to the extent necessary to process them for the purposes of Fink or in connection with the provision of services . In addition, under the contract, these entities are obliged to maintain strict confidentiality, and in the event of failure to comply with these obligations, they may face appropriate legal consequences.

3. If the Customer uses the content posted by Fink on Social Media or contacts Fink via Instant Messaging, the Customer also uses the services provided by the administrators of these Social Media or producers of remote communication software. These entities are personal data administrators separate from Fink, processing customer data for their own purposes on the basis of separate regulations, privacy policies and on the basis of a separate contract for the provision of electronic services (separate legal relationship), to which Fink is not a Party. Fink is not responsible for the processing of Customers' personal data by the entities indicated above, including the organizational and technical security measures used by these entities. Fink recommends that you read the relevant regulations, instructions and privacy policy regarding the provision of these services by entities other than Fink before using them.

4. In order to protect the data of customers visiting the Fink Facebook profile, Fink in accordance with Art. 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC, concluded an agreement with Facebook called "Controlling together." Details of this agreement are available here: https://www.facebook.com/legal/terms/page_controller_addendum. This agreement is the result of the judgment of the European Court of Justice of 5 June 2018 (C-210/16).

II. Privacy and confidentiality on the Website and in Social Media

1. Personal data provided by customers in designated places are processed by Fink in accordance with applicable law and in accordance with the GDPR Information Clause available on the Website. Fink also collects data of customers visiting the Website via "cookies", incl. in order to collect statistical data, in accordance with the principles set out in the "Cookies" Policy available on the Website. Social Media can use statistical tools to provide Fink with information on the reach and interaction rates on profiles belonging to Fink.

2. Fink reserves the right to filter and stop messages sent by customers as part of the tools provided by the Website, e.g. contact form or Social Media, e.g. Internet Messenger, in particular if they are spam, contain content that violates these Regulations or otherwise threatens security .

 

§ 10. Contact, objections and complaint procedure

I. Contact

1. Contact with Fink regarding the Services provided electronically under these Regulations may be in the following form:

1) in writing to the following address: Fink Group sp. z o.o., ul. Folwarczna 6, 62-300 Psary Małe

2) by e-mail to the following e-mail address: info@fink.store.

2. Fink may contact the Customer in the following form:

1) by e-mail to the e-mail address provided by the Customer or via the Internet Messenger,

2) by telephone to the telephone number provided by the Customer, provided that the Customer indicates these contact details via e-mail e-mail, Messenger functionality or by phone.

II. Procedure for submitting objections and complaint proceedings

1. Fink makes every effort to properly provide the Services by electronic means, ensure the proper operation of the Website and Social Media and the Newsletter service (to the extent that it is dependent on Fink), and also provides assistance in solving problems related to with their functioning and with the conclusion and implementation of contracts for the sale of Goods.

2. If, in the opinion of the Customers, the Services provided on the basis of the Regulations are not performed or are performed contrary to the provisions of the Regulations or in the case of non-performance or incorrect performance of the contract for the sale of Goods (e.g. due to the defectiveness of the Goods received), the Customers have the right to file a complaint in the manner specified below:

1) the complaint may be submitted in writing or by e-mail to the addresses indicated in point I. para. 1.above,

2) the complaint should contain a description of the objections raised, document their circumstances and indicate a proposal for resolving the complaint.

3. The customer also has the right to submit comments regarding the functioning of the Website, Social Media and the available content or tools. The notification in question should be in writing or electronically and, depending on the chosen form of contact, it should be sent to the addresses indicated in point I section 1 above.

4. A response to the complaint will be given by Fink in writing or in electronic form, without undue delay, but not later than within 14 days from the date of receipt of the complaint. In justified cases, the deadline for responding may be extended to a maximum of 30 days, after prior explanation to the person submitting the complaint about the reasons for the delay and indication of the circumstances requiring additional arrangements.

5. The customer has the right to appeal against the decision made by Fink as part of the complaint (appeal). Then the provisions of § 8, point II, section 2-4 shall apply accordingly.

6. Fink reserves the right to leave the complaint unrecognized if it results from ignorance of these Regulations or the law. Complaints containing vulgar or offensive content towards Fink will not be considered.

7. Fink stipulates that complaints relating to the technical aspects of the functioning of Social Media should be addressed directly to the entities responsible for their proper operation.

 

§ 11. Final provisions

I. Amendments to the regulations

1. Fink reserves the right to unilaterally amend the Regulations, in particular in the event of a change in the functionality of the Website, a change in the functioning of Social Media or a change in the law.

2. The current Regulations will always be available on the Website's website, and the Customer's use of the Website and visiting Social Media will be tantamount to accepting its content.

II. Validity of the Regulations These Regulations and the provisions resulting therefrom are binding in relation to the Website and Social Media (including Instant Messaging) and in relation to e-mail correspondence between Customers and Fink, as well as in relation to the Newsletter service and the submission of Orders, concluding and handling and implementation of contracts for the sale of Goods. III. Applicable law and disputes

1. The law applicable to these Regulations and to the contract for the provision of electronic services, as well as to contracts for the sale of Goods is Polish law.

2. In matters not covered by the Regulations, the provisions of the Act on the provision of electronic services, the Act on copyright and related rights and the Civil Code shall apply.

3. Any disputes arising from the use of the Services provided electronically and the use of the Website and Social Media, unsolved amicably, are settled by the court specified in the provisions of the Code of Civil Procedure. In the case of customers who are not consumers or to whom the provisions on consumer rights do not apply, the court competent to settle disputes will be the court competent for the seat of Fink.

The Regulations come into force on 01/08/2020