TERMS OF SALE USING REMOTE COMMUNICATION MEANS AND PROVIDING SERVICES ELECTRONICALLY.

This regulation defines the rules for making purchases in the online store operated by the Seller at the address https://mrfudgesto.co.uk/. The Seller is the company: Mr Fudgesto Ltd

32 Parkgate Parade, Belfast, BT4 1ET U.K registered under the NI: 702760, also interchangeably referred to as the ‘Service Provider.’ Contact with the Service Provider can be established by calling +447523631828 (call charged at normal rates according to the operator’s standard rates) or using the email address: contact@mrfudgesto.co.uk or through the contact form available at: https://mrfudgesto.co.uk/contact.

§ 1 Definitions

  • Regulations – these regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
  • Customer (Buyer) – a natural person who has reached the age of at least 13, and in the case of a person under the age of 18, the consent of their legal representative is required. It also includes legal entities and organizational units that are not legal entities but have legal capacity and make or intend to place an Order or use other services of the Online Store (including Consumers).
  • Subject of the transaction – Goods listed and described on the website of the Online Store. The Seller makes every effort to ensure that the offer presented on the website is up-to-date. However, if some of the Ordered Goods are not available, the Seller undertakes to promptly inform the Buyer about the situation by telephone or email.
  • Goods – movable property covered by the Sales Agreement.
  • Additional service – a service provided by the Seller to the Customer outside the Online Store in connection with the nature of the products sold.
  • Product – Goods and Additional Services presented in the Online Store.
  • Sales Agreement – a sales agreement for Products within the meaning of the Civil Code, concluded between the Seller and the Customer (Buyer), using means of distance communication (including telephone and electronic communication).
  • Online Store https://mrfudgesto.co.uk (Store, Online Store) – an internet service available at https://mrfudgesto.co.uk, through which the Customer can purchase the Product.
  • Party – Seller and Customer (Buyer).
  • Store Party– each web page or subpage located at https://mrfudgesto.co.uk
  • Order – the Customer’s declaration of will clearly specifying the type and quantity of Products, directly aimed at concluding a distance sales contract through the Online Store.

§ 2 General Rules

The condition for placing an order in the Online Store by the Buyer is prior acquaintance with these Regulations and acceptance of its provisions during the order fulfillment.

The Online Store conducts retail sales via the Internet.

All products offered in the Online Store are brand new, originally packaged, free from physical and legal defects, and have been legally introduced to the Polish market unless otherwise clearly indicated in the product description.

One commercial transaction may concern several products.

§ 3 Placing Orders

All prices on the website of the Online Store are gross prices, given in british pounds (including VAT). The prices do not include shipping costs. Due to the dependence of shipping costs on the type and quantity of the sold product, the final price is the sum of the product price and the shipping cost determined in accordance with separate provisions.

Orders are accepted through the website, by phone, or via email.

Orders placed through the website can be made 24 hours a day, 7 days a week, throughout the year. Placing orders by phone or email is only possible during the hours specified on the website of the Online Store.

An order is effective if the Buyer correctly fills out the entire order form and provides accurate contact details, including the exact address to which the goods are to be sent, as well as a telephone number and email address.

The Seller confirms the receipt of each order and the correctness of the completed form by contacting the Buyer. The Seller verifies the data of each order by contacting the Buyer at the contact details provided by them. If the Buyer knows, expects, or should expect obstacles that prevent or seriously hinder the confirmation of the order by the Seller, the Buyer cannot place an order through the Online Store.

The Buyer agrees to receive and send electronically, to the email address provided by them, electronic images of settlement documents, in particular such as VAT invoices with attachments, corrective VAT invoices with attachments, and forms.

This consent also authorizes the Seller to issue and send VAT invoices electronically, in accordance with the Regulation of the Minister of Finance of December 17, 2010, on the transmission of invoices in electronic form, the principles of their storage, and the procedure for making them available to the tax authority or tax control authority.

The Buyer may request the issuance of a VAT invoice in a traditional form.

During the order placement process, the Buyer may voluntarily consent to the inclusion of personal data in the database of the Seller’s Online Store for processing in connection with the order fulfillment. In the case of giving consent, the Buyer has the right to access their data, correct them, and request their deletion. The personal data of the Buyer will be used for the purpose of shipping the goods to the Buyer and handling any complaints about the goods. In the absence of separate agreements, the personal data of the Buyer will be deleted within 3 years from the date of purchase of the goods.

The Buyer can use the option to remember their data by the system to facilitate the process of placing another order. To do this, the Buyer should provide a login and password, necessary to access their account. The Customer’s login is the email address provided by them. The password is a string of characters chosen by the Customer. The Customer’s password is not known to the Seller, and the Customer is obliged to keep it confidential and protect it from unauthorized access by third parties.

The time of order fulfillment begins with the moment of payment receipt into the bank account provided in the order confirmation in the case of payment by bank transfer or the moment of placing the order in the case of payment by card or choosing the “cash on delivery” option and consists of:

the time needed to prepare the goods (preparation of the goods, packaging, dispatching the courier), which is:

– for goods available in stock – up to 10 business days

– for custom-ordered goods – up to 30 business days

– in the case of purchasing Groupons through the website – www.groupon.pl – it is consistent with the deadline specified on the groupon offer page (usually up to 14 business days)

– for allegro orders up to 8 business days – unless the auction contains information about a different time

the time during which the courier will deliver the shipment – (from 24 to 48 hours)

In the case of the availability of a product with a obviously inflated or reduced price in the Online Store, the Buyer is obliged to verify the price of the product via email or by phone before placing the order. The Seller reserves the right to withdraw from the contract citing the effect of an error due to an obvious typographical error or technical defect in the case of ordering without verification of such a price by the Buyer.

Sold goods for transport are packed according to the Manufacturer’s recommendations in a carton. In the case of an individual order at the Customer’s request, there is the possibility of non-standard packaging, with the risk of such packaging (bending of the casing, breaking, etc.) borne by the Customer.

§ 4 Shipping Costs and Delivery Time

The goods are sent to the address specified in the order form or provided by phone or email.

The goods are delivered using specialized courier companies or through the Polish Post. In some cases, there is the possibility of personal collection of goods at the seller’s headquarters. The Seller may agree to send the shipment in another way, as indicated by the Customer.

The Customer decides on the method of delivery or receipt of the goods.

The Seller informs on the Online Store website about the transport companies with which it cooperates, the costs of sending the package, the regulations for the provision of services by these companies, and the estimated delivery time.

The Buyer is charged with the delivery (shipping) costs specified in the transport price list.

§ 5 Payments

For each sold item, the Seller issues a receipt or a named purchase document (invoice).

Payments for purchases in the store can be made in the following ways:

by bank transfer to the bank account. The account number is available on the store’s website in the “about us” tab and is sent by email when the order is completed and ready to be paid. Upon the Customer’s request, a pro forma invoice is sent. The goods are shipped after the amount is credited to the store’s bank account. Payments should be made only after the store confirms the purchase.

by credit card or fast online transfer via “PayU”

by bank transfer with a deferred payment term (this applies only to institutional buyers, after individual agreement).

cash on delivery – payment upon receipt

The Buyer chooses one of the above options when placing an order. In the case of certain types of assortment, the Seller reserves the right to limit the payment method

by excluding selected payment options on the website, about which the buyer

is informed before making a purchase.

§ 6 Receipt of Goods

Deliveries are made only in the territory of the Republic of Poland.

Before accepting the shipment from the post office or courier, check if the packaging has not been damaged during transport. In particular, pay attention to the condition of the tapes or seals affixed to the shipment. If the packaging of the shipment shows signs of damage or if the seals (tapes) are torn, do not accept the shipment, and in the presence of the courier, draw up a damage protocol and contact the Seller as soon as possible to clarify the matter. Failure to identify irregularities in the quantitative or qualitative condition of the shipment upon receipt may negatively affect the outcome of the Customer’s claims for damage or theft of the shipment during transport. This provision of the Regulations is related to the Transport Regulations posted on the Store’s Website at https://mrfudgesto.co.uk/regulamin, which binds the Seller.

§ 7 Right of Withdrawal

A customer who has entered into a distance contract has the right to withdraw from the contract without giving any reason by sending a statement of withdrawal to the seller, for example, in the form of a withdrawal form. This right is valid for 14 days from the date of receipt of the goods. To meet this deadline, it is sufficient to send a statement of withdrawal before the deadline. The consumer is obliged to return the item to the seller or hand it over to a person authorized by the seller to receive it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the seller has offered to collect the item themselves. Sending the item back before the deadline expires is sufficient to meet the deadline.

The 14-day period for the right of withdrawal begins for contracts in which the seller releases the item while being obliged to transfer its ownership – from the possession of the item by the consumer or a third party indicated by them other than the carrier, and in the case of a contract that:

involves multiple items being delivered separately, in batches, or in parts – from the possession of the last item, batch, or part,

involves the regular delivery of items for a specified period – from the possession of the first of the items;

for other contracts – from the date of the contract.

The right specified in this paragraph applies to sales to consumers.

Returned goods under this procedure will only be accepted if they are returned in a fully complete condition, and the product and accessories are undamaged and show no signs of use other than for the purpose of checking the product.

The right of withdrawal from a distance contract does not apply to the customer in cases of contracts related to:

products with properties specified by the consumer (custom orders) in their order or closely related to their person. By such services, the seller and the customer also understand products made for the customer according to their order (products specially prepared at the customer’s request). The above does not limit the customer in the right to claim for defects in the delivered product.

products delivered in sealed packaging that cannot be returned after opening the packaging due to health protection or hygiene reasons if the packaging was opened after delivery;

products that, due to their nature, become inseparably mixed with other items after delivery;

and in a situation where the consumer clearly demanded that the entrepreneur come to them for urgent repair or maintenance; if the entrepreneur also provides other services than those the consumer requested or provides items other than spare parts necessary for the repair or maintenance, the right of withdrawal from the contract applies to the consumer in relation to additional services or items.

If the right of withdrawal from a distance sales contract is exercised, the returned goods must be sent to the seller’s address.

To the return shipment, if not done earlier, a written statement of withdrawal from the contract (e.g., in the form of the form below) and the account number to which the online store should refund the money must be attached.

The seller will refund the buyer for the purchase made immediately, no later than within 14 days from the date the effective withdrawal from the contract reaches them. If the seller has not offered to collect the goods from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the goods back or until the consumer provides proof of sending the goods back, depending on which event occurs first.

The consumer is obliged to bear only the direct costs of returning the item, unless the seller has agreed to bear them. If the consumer has chosen a method of delivering the product other than the cheapest ordinary method offered by the seller, the seller is not obliged to refund the consumer the additional costs incurred by them.

Withdrawal from the sales contract can be sent using the contact form on the website https://mrfudgesto.co.uk/contact.

§ 8 Complaint Procedure

All products are covered by a 24-month warranty for non-compliance of the goods with the contract.

Complaints based on the seller’s liability for non-compliance of the goods with the contract should be submitted in writing to the store’s address along with the advertised goods.

In this case, the advertised goods should be delivered in person or sent to the store’s address. The product can be returned at the expense of the seller to their address after prior telephone reporting of the defect and agreement on the return details.

Complaints are considered within 14 days. In the case of repair or replacement of the goods with a new one, this period may be extended by the time needed to send the product to the manufacturer and return it to the store, and then deliver it to the customer.

§ 9 Privacy Policy and Personal Data Protection

The administrator of the personal data databases provided by customers of the online store in connection with purchases is the seller.

Personal data is used to fulfill sales contracts, and therefore may be transferred to entities responsible for delivering purchased goods to the customer and, in the case of installment purchases, to credit institutions. Customers have the right to access their data, correct it, and delete it. The data is provided voluntarily and only for the purpose of fulfilling the contract.

§ 10 Final Provisions

In matters not regulated by this Regulation, Polish law applies.

Disputes arising from the application of this Regulation and in connection with the performance of contracts concluded between the store and customers will be considered by the court competent for the defendant’s seat according to the provisions on material and local jurisdiction in accordance with the Act of November 17, 1964, the Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).

Disputes can also be resolved out of court. Ways to resolve such disputes include, for example:

mediation – procedures in which the consumer and the entrepreneur resolve misunderstandings with the help of a mediator. Importantly, this person does not resolve the conflict but only mediates in negotiations between the parties, helping them choose a common, mutually accepted solution. Lists of court mediators are kept by the District Courts.

arbitration – a way to resolve a dispute without the involvement of a court. Its competences are taken over by an impartial specialist – an arbiter.

complaint commissions – created jointly or independently by business associations, economic institutions, or consumer organizations. Their actions are based on the principles of general law or self-regulation. Commission decisions are usually non-binding. Despite this, the decision is essential for the reputation of the entrepreneur.

Permanent Consumer Arbitration Court at the Provincial Trade Inspectorate in Warsaw.

Information on how to access the above method and procedures for resolving disputes is available at the following address: www.uokik.gov.pl, under the heading “Resolution of consumer disputes.”

The seller reserves the right to make changes to this Regulation, with the proviso that the version applies to contracts concluded before the change in the Regulation is the version

of the Regulations in force at the time the customer places the order.

This regulation is part of the sales contract concluded by the store and the customer.

Regulation publication date: 01.10.2023

Regulation change dates: 01.10.2023

Shipping, Availability, and Payments.

Shipping Rules

Goods purchased from the online store located at https://mrfudgesto.co.uk are not shipped through external courier companies.

Goods can be shipped using another company, provided there is prior agreement between the parties.

The buyer using the services of a delivery company declares that they have familiarized themselves with the current price list of services available on the website https://mrfudgesto.co.uk/delivery/

This Regulation does not derogate from any rights granted to consumers. In case of any inconsistency between any provisions of this Regulation and the provisions of applicable law, the provisions of universally applicable law shall apply.

The buyer declares that the scope of their business does not include the transport of goods.

The purchased goods are delivered only within Poland. Shipping outside Poland is allowed after prior agreement with the buyer regarding the method, date, and cost of shipping.

Shipping Costs

The online store charges a fee covering the cost of shipping in accordance with the information on the product card. The company reserves the right to update the shipping fee automatically charged by the online store – in the case of oversized packages (large in volume or weight), if, at the customer’s request, the goods are sent in more shipments or at different times, which automatically increases the transport cost independently of the Seller.

The Seller is obliged to promptly inform the Buyer of the reason for which the transport fee must be changed. The Buyer has the right to withdraw from the contract if the newly determined transport rate is higher than originally charged, and the Buyer does not agree to bear the higher shipping costs.

Delivery Time

The guaranteed delivery time for a package by the courier company is 48 hours. The courier company is not obliged to bring the goods to the Buyer’s door.

Packing Method

Every item leaving the warehouse is carefully secured to minimize the risk of damage. At the time of delivery, please carefully check the package with the courier, and in case of any damage, prepare a protocol required by the courier company to file a complaint.

Delivery Timeframe

The delivery time consists of preparing the goods (packaging) and dispatching the courier, which takes:

  • For goods available in stock – up to 7 business days,
  • For made-to-order goods – up to 14 business days

Changes to the delivery time, for reasons for which the Seller is not responsible, will always be made in agreement with the Buyer, with the possibility for the Buyer to withdraw from the contract if the change in this period is to their disadvantage.

The delivery is made after payment of the price and any delivery fee in accordance with the store’s regulations.

Goods Availability

Our company has a large quantity of goods in stock, so the products are available “off the shelf.” For some products, according to the information provided on the product page, the order processing time may be longer. For information on the availability of goods, please inquire via email at kontakt@krowkomania.com or the phone number provided on the website.

Goods are shipped from Monday to Friday.

The delivery time of the shipment by the courier should be added to the order processing time. The courier delivers the shipment on the next business day from the date of sending the package, subject to changes in the delivery time by the courier, based on the regulations of courier services mentioned above.

In case of the customer’s absence during the delivery of the shipment, the courier leaves a notice or contacts the Buyer to arrange for the redelivery of the package.