TERMS AND CONDITIONS

The most important information about the terms and conditions and our store

We know that reading regulations is not an exciting activity, so to help you get to the most important information about our store and the rules of using it, we have prepared a summary of them.

The store is owned by FASH sp. z o.o. (Ltd.) with its registered office in Warsaw.
You can contact us by e-mail (info@fal-ash.com), traditional post office (ul. Widok 22 lok. 54, 00-023 Warszawa, Poland) or by (+48) 512741321.
To increase the convenience of shopping in our store, we encourage you to create an account, but it is not mandatory. Regardless of the created account, you can delete the account at any time.
All information about the goods available in the store and possible methods of payment and delivery will be displayed on the screen of your device during the ordering process.
After placing an order, it is necessary to pay for it (an unpaid order may be canceled).
Delivery of the goods to a delivery address located outside the European Union may require payment of customs duties. In the event that we are required to pay customs duties in connection with the delivery of the goods to your address, you will be required to reimburse us for the equivalent amount.
The purchased goods should reach you intact. If the package of goods is damaged, you should write a damage report and contact us immediately.
You can return the purchased goods without giving a reason within 14 days from the date of its delivery. We will refund the money for the goods to you no later than within 14 days from the date of receipt by us of the returned goods or proof of their return.
If the goods reach you damaged, defective or otherwise inconsistent with the sales contract, you can file a complaint regarding it. We will respond to the complaint within 14 days from the date of its receipt.
10.In case of problems with your account, you have the right to file a complaint about it (please submit it by e-mail). We will respond to the complaint within 14 days from the date of its receipt.
11.To enable you to use the store and fulfill orders placed by you, we process your personal data. Detailed information on this subject can be found in our Privacy Policy: https://fal-ash.com/pages/privacy-policy.

The full content of the store's terms and conditions can be found below.
If you have any questions or doubts about the regulations or purchases in our store, please contact us!
Enjoy your shopping!

TERMS AND CONDITIONS OF THE FAL-ASH ONLINE STORE

Table of contents
General provisions 2
Definitions 2
Technical requirements 3
Rules for using the Store 4
Account Service Agreement 4
Sales Agreement 5
Delivery of Goods 6
Right of withdrawal from the Sales Agreement 6
Complaints concerning Goods 8
Complaints regarding the Account Service 10
Intellectual Property 11
Processing of personal data 11
Out-of-court dispute resolution 11
Changes to the Account Service 11
Amendments to the Terms and Conditions 12
Final provisions 12

§ 1.
General provisions

These Terms and Conditions (hereinafter: „Terms and Conditions” or “Regulations”) determine the regulations governing the use of the online Store „FAL-ASH” located at https://fal-ash.com/ (hereinafter: „Store”).
The Regulations constitute the terms referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: "Act on Rendering Electronic Services").
The shop is owned by FASH Company with limited liability established in Warsaw (registered office address: ul. Widok 22 lok. 54, 00-023 Warszawa, Poland), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register under KRS number: 0000873287 with a VAT number: 9522211692, REGON number: 387722064, with a share capital of 5.000 zlotys (five thousand PLN) paid in full (hereinafter: "Seller").
Contact with the Seller is possible using:

e-mail – at: info@fal-ash.com ;
traditional mail – at the address: ul. Widok 22 lok. 54, 00-023 Warszawa, Poland;
phone – (+48) 512741321.

As part of the business, the Seller:

sells Goods that may be purchased by Buyers;
provides Users with the Account Service.

Information about the Goods available in the Store, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a Sales Agreement within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code").
Before starting to use the Store, the Customer is obliged to read the Regulations and Privacy Policy.

§ 2.

Definitions

The capitalized words used in the Regulations have the following meaning:

Account - a panel created in the Store's IT system, enabling the User to use its functionalities, in particular the purchase of Goods;
Account Service – a digital service within the meaning of the provisions of the Act on consumer rights, consisting in the creation and maintenance of an Account by the Seller for the User;
Account Service Agreement – an agreement for the provision of a digital service within the meaning of the Act on Consumer Rights, under which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;
Act on the provision of electronic services - a term defined in § 1 section 2 of the Regulations;
Agreement – Agreement for the provision of the Account Service or Sales Agreement;
Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
Civil Code - a term defined in § 1 section 6 of the Regulations;
Consumer - a natural person performing a legal transaction with the Seller not directly related to its business or professional activity;
Consumer Rights Act - the Act of 30 May 2014 on consumer rights;
10.Customer – User or Buyer;
11.Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
12.Entrepreneur with Consumer Rights - a natural person conducting business or professional activity on his own behalf, who has concluded an Agreement with the Seller directly related to his business activity, but not having a professional character for that person, resulting in particular from the subject of his business activity;
13.Goods - a movable item available in the Store within the meaning of the Civil Code, which may be purchased by the Buyer, in particular clothes;
14.Non-conformity – it means:

Non-conformity of the Goods with the Sales Agreement (the criteria for assessing the conformity of the Goods with the Sales Agreement are set out in Article 43b (1-2) of the Act on consumer rights) or
Non-conformity of the Account Service with the Agreement for the provision of the Account Service (the criteria for assessing the compliance of the Account Service with the Account Service Provision Agreement are set out in Article 43k (1-2) of the Act on Consumer Rights);

15.Order - a term defined in § 6 section 4 of the Regulations.
16.Privacy policy - a document containing information on the processing of Customers' personal data by the Seller;
17.Regulations or Terms and Conditions - a term defined in § 1 section 1 of the Regulations;
18.Sales Agreement - a sales contract within the meaning of the Civil Code, under which the Seller undertakes to transfer ownership of the Goods to the Buyer and hand over the Goods to him, and the Buyer undertakes to collect the Goods and pay the price to the Seller;
19.Seller - the term defined in § 1 section 3 of the Regulations;
20.User – a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded an Account Service Agreement with the Seller or has taken steps to conclude it;
21.Working day - a day that is not a Saturday, Sunday or other non-working day within the meaning of the provisions of the Act of 18 January 1951 on non-working days;

§ 3.

Technical requirements

For the Customers to be able to use the Store properly, the following are jointly required:

connection to the Internet;
device(s) enabling the use of Internet resources;
a web browser capable of displaying hypertext documents on the screen of the device, linked to the Internet via the World Wide Web service, supporting the JavaScript programming language and, moreover, accepting cookies;
an active e-mail account.

It is prohibited for Customers to use viruses, bots, bugs or other computer codes, files or programmes (in particular, process automation scripts and applications or other codes, files or tools) within the Store.
The Seller hereby informs that it uses cryptographic protection of electronic transmissions and digital content by means of appropriate logical, organisational and technical measures, in particular to prevent access to data by third parties, including SSL encryption, the use of passwords and anti-virus or anti-spyware software.
The Seller hereby informs that despite the application of security measures referred to in Section 3 above, the use of the Internet and services provided by electronic means poses a risk that malware may infect the Customer's computer system and device or that third parties may gain access to the data stored on that device. To minimise the risk, the Seller recommends the use of anti-virus software or means of protecting identification on the Internet.

§ 4.

Rules for using the Store

The Customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good practices.
Providing illegal content by the Customer is prohibited.
The prices of the Goods available in the Store are displayed in EURO (EUR) and constitute a gross value (they include all mandatory price components, including the VAT due).
The prices of the Goods do not include the cost of delivery of the Goods. The prices of the Goods also do not include fees and other customs duties that customs authorities are obliged to collect in case of shipment of the Goods outside the territory of the European Union.
The Buyer may purchase the Goods both after creating an Account and without creating it. In the case of creating an Account, the Buyer should log in to it before starting shopping.

§ 5.

Account Service Agreement

To conclude the Agreement for the provision of the Account Service, the User should perform the following actions:

go to the Store's website and then click on the "create account" tab,
In the form that appears, enter the following data:

name and surname;
e-mail address;
password to the Account created by the User;

it is obligatory to mark the checkbox next to the statement of reading the Regulations and Privacy Policy and accepting their provisions;
click the "create" button.

Clicking the "create" button is tantamount to the conclusion by the User of the Agreement for the provision of the Account Service.
The User gains access to the Account immediately after clicking on the "create" button. The Seller confirms the creation of the Account in a message sent by e-mail to the address provided by the User.
After creating an Account, the User may supplement the mandatory data stored on it with the following optional data:

address of residence/business activity (street, house number, apartment number, city, postal code, country);
delivery address, if different from the residence/business address;
telephone number;

With the help of the Account, the User may in particular:

store your personal data;
place Orders and view placed Orders;

The Seller informs and the User acknowledges that maintaining the compliance of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates.
If the User is not granted access to the Account immediately after the conclusion of the Agreement for the provision of the Account Service, the User calls the Seller to immediately grant access to the Account. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Seller does not grant the User access to the Account immediately after receiving the call referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service.
Notwithstanding the provisions of paragraph 7 above, in the absence of access to the Account to the User, the User may withdraw from the Agreement for the provision of the Account Service without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43j paragraph 5 of the Act on consumer rights occurs.
Notwithstanding the provisions of sections 7-8 above, the User may at any time and without giving a reason terminate the Agreement for the provision of the Account Service with immediate effect. In addition, pursuant to art. 27 et seq. of the Act on consumer rights, the User may withdraw from the Agreement for the provision of the Account Service without giving a reason, within 14 (fourteen) days from the date of its conclusion.
10.Withdrawal from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, takes place by submitting to the Seller by the User a statement of withdrawal from the Agreement for the provision of the Account Service or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.
11.If the User uses the Account in a manner contrary to the provisions of generally applicable law, the provisions of the Regulations or decency, as well as providing illegal content by the User, the Seller may terminate the Agreement for the provision of the Account Service with a notice period of 7 (seven) days by submitting a notice statement to the User via e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. During the notice period, the Seller may block the User's access to the Account if it is necessary to prevent further violations by the User.
12.Blocking or deleting the Account does not affect the performance of Sales Agreements concluded by the User before blocking or deleting the Account.

§ 6.

Sales Agreement

To conclude the Sales Agreement, the Buyer should perform the following actions:

enter the Store's website;
enter the tab of the selected Goods and click the "add to cart" button;
enter the "basket" tab and click the "checkout" button;
In the form that appears, type or select the following:

name and surname;
e-mail address;
telephone number;
address of residence/business activity (street, house number, apartment number, city, postal code, country);
delivery address (if different from the address of residence/business);
optionally - the company and NIP (if the Buyer is an Entrepreneur or an Entrepreneur with Consumer rights);
method of payment;
method of delivery;

it is obligatory to mark the checkbox next to the statement of reading the Terms and conditions and Privacy Policy and Customs duties acknowledgements and accepting their provisions;
optionally - tick the checkbox next to the declaration of consent to receive the Newsletter;
click the “Check out" button and then pay for the Goods in accordance with the selected payment method.

The Buyer may choose one of the following methods of delivery of the Goods:

courier delivery;

Payment of the price for the Goods may be made by the Buyer:

by transfer using the payment system PayPal;
by transfer using a debit or credit card;
by transfer using the payment system Klarna Pay Later;

Clicking the “Buy and pay" button by the Buyer is tantamount to submitting an offer to purchase the selected Goods (hereinafter: "Order").
After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him.
If it is not possible to execute the Order, the Seller notifies the Buyer by means of a message sent to the e-mail address provided by him. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 6 was previously paid by the Buyer, the Seller shall immediately return all payments made by him.
In the case of placing the Order for execution, the Seller notifies the Buyer by means of a message sent to the e-mail address provided by him. At the moment of receipt by the Buyer of the message referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
If the Order will not be paid within 1 (one) working day from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by sending an appropriate statement by the Seller to the e-mail address provided by the Buyer.

§ 7.

Delivery of Goods

The Seller ships the Goods to addresses located on the territory of the Republic of Poland and other countries of the world. The list of countries to which the Seller currently ships Goods is available on the Store's website.
In the case of shipment of the Goods to countries outside the European Union, the Buyer bears the costs of customs duties. Determination of the amount of customs duties is not possible at the time of placing the Order. Detailed information on the amount of fees due can be found by the Buyer on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees due (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
The costs of shipping the Goods are covered by the Buyer, who pays them simultaneously with the payment of the price for the Goods.
The costs associated with customs duties shall be paid by the Buyer at the time of delivery of the Goods.
Shipment of the Goods take place within 3 working days from posting the payment for the Goods on the Seller's bank account if not listed differently on the product page.
Depending on the country of delivery, shipment of the Goods may be combined with different customs clearance rules, which may lead to an extension of the Goods delivery time.
The Seller is obliged to deliver to the Buyer the Goods in accordance with the Sales Agreement concerning it.
The goods delivered to the Buyer should be in an intact condition.
If the Goods are delivered by courier, the Buyer should check the Goods in his presence. If the package of the Goods is damaged, the Buyer should write a damage report and contact the Seller.
10.The condition for the release of the Goods by the courier is the Buyer's payment of customs duties and other fees that the authorities imposed on the Buyer as the recipient of the shipment.
11.If, at the time of delivery, the Buyer refuses to pay for customs duties referred to in the paragraph above, the courier shall be entitled to refuse to release the Goods to the Buyer.
12.Refusal to pay for customs duties shall be treated as a withdrawal of the Buyer from the Contract of Sale. In such case, the Seller shall refund to the Buyer the price paid by the Buyer for the Goods. The refunded amount will be reduced by the costs incurred by the Seller on account of customs duties, which he was charged with the attempt of delivery of the Goods to the Buyer and which may be charged again by customs authorities in connection with the return of the Goods.

§ 8.

Right of withdrawal from the Sales Agreement

The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with consumer rights.
The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party indicated by the Buyer who is not a carrier.
The right to withdraw from the Sales Agreement is exercised by the Buyer by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the deadline referred to in paragraph 2 above.
The statement may be submitted by the Buyer in any form, in particular on the form constituting Annex 2 to the Act on consumer rights. To improve the exercise of the right to withdraw from the Sales Agreement, the Seller recommends, however, to submit a Statement in the manner indicated in sections 5-8 below.
The Buyer may submit a Statement in the form of:

Electronic;
Paper.

In the case of selecting the Statement in electronic form, the Buyer should send an e-mail to the address indicated in § 1 section 4 point 1 of the Regulations containing the following elements:

name and surname of the Buyer;
e-mail address;
correspondence address;
express statement of withdrawal from the Sales Agreement;
indication of the Goods to which the withdrawal from the Sales Agreement relates;
Order number;
the date of placing the Order;
PKD codes of business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).

If you choose the Statement in paper form, the Buyer should print and complete the form constituting Annex 1 to the Regulations and then send it together with the Goods to the address indicated in paragraph 10 below.
The Seller sends the Buyer a confirmation of receipt of the Statement immediately after its receipt, by e-mail.
In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiry.
10.The standard Goods should be sent back to the following address:

FASH sp. z o.o.

ul. Widok 22 lok. 54

00-023 Warszawa

Poland

(+48) 512741321

The Buyer bears the direct costs of returning the Goods.
In the case of return of Goods delivered to the delivery address indicated by the Buyer located outside the territory of the European Union, the Buyer shall reimburse the Seller for the costs of customs duties that the Seller may be charged by customs authorities in connection with the return of the Goods.
The refund of payments made by the Buyer takes place after the Seller receives the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund shall be made using the same method of payment as used by the Buyer in the original transaction unless the Buyer expressly agrees otherwise. The buyer does not bear the cost of returning the payment made.
In the case of return of the Goods, as referred to in paragraph 12 above, the payment will be refunded after the Seller has deducted the costs of customs duties incurred by the Seller in connection with the return of the Goods.
The Buyer shall be liable for any decrease in the value of the Goods resulting from using them in a manner other than it was necessary to establish the nature, characteristics and functioning of the Goods.
The Buyer is not entitled to withdraw from the Sales Agreement if the Goods are a non-prefabricated item, manufactured according to the Buyer's specifications or serving to satisfy its individual needs.

§ 9.

Complaints concerning Goods

Pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards Buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply only to:
a Buyer who is a Consumer or an Entrepreneur with Consumer rights;
Non-conformity of the Goods with the Sales Agreement.

The goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
The Seller shall be liable for the Non-Conformity existing at the time of delivery of the Goods to the Buyer and revealed within 2 (two) years from that moment, unless the expiry date of the Goods for use is longer.
In the event of disclosure of Non-Conformities, the Buyer is entitled to the rights indicated in art. 43d et seq. of the Act on consumer rights. The Buyer's rights indicated in the preceding sentence shall be exercised in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
In the event of disclosure of Non-Conformities, the Buyer may submit a complaint containing a request:

repair of the Goods, or
exchange of Goods.

The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
The complaint should include:

name and surname of the Buyer;
e-mail address;
Order number;
the date of delivery of the Goods;
a description of the Incompatibility revealed;
request for repair or replacement of the Goods.

If the Seller receives a request:

repair of the Goods – the Seller is entitled to replace the Goods;
replacement of the Goods – the Seller is entitled to repair the Goods if the method chosen by the Buyer to bring the Goods into compliance with the Sales Agreement is impossible or would require the Seller to incur excessive costs.

In the event that both the replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into compliance with the Sales Agreement.
10.After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:

acknowledges the complaint and indicates the planned date of implementation of the Buyer's request;
acknowledges the complaint and informs the Buyer about the Seller's exercise of the right referred to in paragraph 8 above;
refuses to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
rejects the complaint because it is unfounded.

11.The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
12.In the cases referred to in section 10 points 1-2 above, the Seller at its own expense brings the Goods into conformity with the Sales Agreement within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Buyer, taking into account the specificity of the Goods and the purpose for which the Buyer purchased them. The planned date of bringing the Goods into compliance with the Sales Agreement is indicated by the Seller in response to the complaint.
13.The Buyer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Buyer at his own expense.
14.The Buyer is not obliged to pay for the normal use of the Goods, which were subsequently replaced.
15.In the event of disclosure of Non-conformity, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Agreement when:

The Seller refused to bring the Goods into conformity with the Sales Agreement for the reasons indicated in paragraph 9 above;
The Seller has not brought the Goods into conformity with the Sales Agreement in accordance with sections 12-13 above;
The non-conformity continues despite the Seller's attempt to bring the Goods into conformity with the Sales Agreement;
The Non-conformity is so significant that it justifies withdrawal from the Sales Agreement without first requesting the Seller to bring the Goods into compliance with the Sales Agreement;
from the Seller's statement or circumstances, the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.

16.A statement on price reduction or withdrawal from the Sales Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
17.The statement on price reduction or withdrawal from the Sales Agreement should contain:

name and surname of the Buyer;
e-mail address;
Order number;
the date of delivery of the Goods;
a description of the Incompatibility revealed;
indication of the reason for making the declaration, chosen from among the reasons indicated in paragraph 15 above;
a statement on the reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement of withdrawal from the Sales Agreement.

18.The reduced price must remain in such proportion to the price resulting from the Sales Agreement in which the value of the Goods not in accordance with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. The Seller shall return to the Buyer the amounts due as a result of exercising the right to a price reduction immediately, no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
19.The Buyer may not withdraw from the Sales Agreement if the Incompatibility is irrelevant.
20.In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at his expense. The Goods should be sent back to the following address:

FASH sp. z o.o.

ul. Widok 22 lok. 54

00-023 Warszawa

Poland

21.The Seller shall return the price of the Goods to the Buyer immediately, no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The refund of the price is made using the same method of payment as used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund, which does not involve any costs for him.

§ 10.

Complaints regarding the Account Service

The provisions of this § 10 apply only to Users who are Consumers or Entrepreneurs with Consumer rights.
The Account Service provided to you by Vendor must comply with the Account Service Agreement for the entire duration of the Account Service.
The Seller is responsible for the Incompatibility revealed during the period of provision of the Account Service.
In the event of disclosure of Non-Conformities, the User may submit a complaint containing a request to bring the Account Service into compliance with the Agreement for the provision of the Account Service.
The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
The complaint should include:

User's name and surname;
e-mail address;
a description of the Incompatibility revealed;
request to bring the Account Service into compliance with the Agreement for the provision of the Account Service.

The Seller may refuse to bring the Account Service into compliance with the Agreement for the provision of the Account Service if it is impossible or would require the Seller to incur excessive costs.
After considering the complaint, the Seller provides the Customer with a response to the complaint, in which:

acknowledges the complaint and indicates the planned date of bringing the Account Service into compliance with the Agreement for the provision of the Account Service;
refuses to bring the Account Service into compliance with the Agreement for the provision of the Account Service for the reasons indicated in section 7 above;
rejects the complaint because it is unfounded.

The Seller responds to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
10.If the complaint is accepted, the Seller at its own expense brings the Account Service into compliance with the Agreement for the provision of the Account Service within a reasonable time from the receipt of the complaint and without undue inconvenience to the User, taking into account the nature of the Account Service and the purpose for which it is used. The planned date of bringing the Account Service into compliance with the Agreement for the provision of the Account Service is indicated by the Seller in response to the complaint.
11.In the event of disclosure of Nonconformities, the Customer may submit to the Seller a statement of withdrawal from the Agreement for the provision of the Account Service when:

bringing the Account Service into compliance with the Account Service Agreement is impossible or requires excessive costs;
The Seller has not brought the Account Service into compliance with the Account Service Agreement in accordance with section 10 above;
The non-compliance persists even though Vendor has attempted to bring the Account Service into compliance with the Account Service Agreement;
The non-compliance is so significant that it justifies withdrawal from the Agreement for the provision of the Account Service without first requesting the Seller to bring the Account Service into compliance with the Account Service Agreement;
it is clear from the Seller's statement or circumstances that the Account Service will not bring the Account Service into compliance with the Account Service Agreement within a reasonable time or without undue inconvenience to the User.

12.A statement of withdrawal from the Agreement for the provision of the Account Service may be submitted via e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
13.The statement of withdrawal from the Agreement for the provision of the Account Service should include:

name and surname of the Client;
e-mail address;
the date of delivery of the Account Service;
a description of the Incompatibility revealed;
indication of the reason for making the declaration, chosen from among the reasons indicated in paragraph 11 above;
statement of withdrawal from the Agreement for the provision of the Account Service.

14.In the event of withdrawal by the User from the Agreement for the provision of the Account Service, the Seller deletes the Account immediately after receiving a statement of withdrawal from the Agreement for the provision of the Account Service.

§ 11.

Intellectual Property

All components of the Store, in particular:

the name of the Store;
the logo of the Store;
photos and descriptions of the Goods;
principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other generally applicable laws, including European Union laws.

Any use of the Seller's intellectual property without its prior express permission is prohibited.

§ 12.

Processing of personal data

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://fal-ash.com/pages/privacy-policy.

§ 13.

Out-of-court dispute resolution

The provisions of this § 14 apply only to Customers who are Consumers.
The Customer shall have the opportunity to use out-of-court procedures for handling complaints and pursuing claims.
Detailed information on the possibility for the Customer to use out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures are available at the offices and websites of:

district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection;
Voivodship Inspectorates of Commercial Inspection;
Office of Competition and Consumer Protection.

The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

§ 14.

Changes to the Account Service

The Seller may change the Account Service in the event of:

the need to adapt the Account Service to newly created devices or software used by Users to use the Account Service;
the Seller's decision to improve the Account Service by adding new functionalities or modifying existing functionalities;
the legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.

Changing the Account Service may not involve any costs on the part of the User.
The Seller informs Users about the change of the Account Service by placing a message on the Account informing about the changes. Regardless of the change, information about the change may be sent to Users via e-mail.
If the change of the Account Service will significantly and negatively affect the User's access to the Account Service, the Seller is obliged to inform the User about:

the nature and timing of the change, and
the User's right to terminate the Agreement for the provision of the Account Service with immediate effect within 30 (thirty) days of making the change.

The information referred to in paragraph 4 above shall be sent by the Seller to Users via e-mail, no later than 7 (seven) days before the change.
Termination of the Agreement for the provision of the Account Service by the User pursuant to paragraph 4 point 2 above takes place by submitting to the Seller a statement on termination of the Agreement for the provision of the Account Service. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence.

§ 15.

Amendments to the Terms and Conditions

The Seller may change the Regulations in the case of:

changes in the Seller's data;
changes in the subject of the Seller's activity;
commencement of the provision of new services by the Seller, modification of services previously provided or discontinuation of their provision;
make a technical modification of the Store requiring adaptation of the provisions of the Regulations to them;
the legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.

Customers will be informed about the amendment of the Regulations by publishing its amended version on the Store's website. At the same time, the amended version of the Regulations will be sent to Users by e-mail.
Sales Agreements concluded before the date of publication of the new Regulations on the Store's website shall be governed by the provisions of the Regulations then in force.
The User who does not agree to the amendment of the Regulations may terminate the Agreement for the provision of the Account Service with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Regulations by e-mail. Lack of termination shall be deemed consent to change the Regulations.
Termination of the Agreement for the provision of the Account Service takes place by submitting to the Seller by the User a statement of termination of this Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
Immediately after receiving the statement referred to in paragraph 5 above, the Seller deletes the Account.

§ 16.

Final provisions

The law applicable to the Regulations and the Agreements indicated therein is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of protection resulting from the provisions of foreign law, which cannot be excluded by contract, and which would apply in the absence of the choice of Polish law made in the preceding sentence.
Part of the Regulations is Appendix No. 1 - Statement of withdrawal from the Sales Agreement.
The current version of the Regulations is effective from 09.08.2023.