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Terms and Conditions

Basic Information

Effective from November 15, 2024 The Terms and Conditions define the terms under which you can purchase the products offered by FRANKA online, in the form of textiles and interior decoration accessories. BASIC INFO: WHO IS BEHIND FRANKA, OR WHO IS RUNNING THE FRANKA MOMENTS WEBSITE AND WITH WHOM YOU WILL ENTER INTO A CONTRACT: FRANKA Spółka Cywilna is a business operated by Malwina Wawrzynek, with a permanent place of business in Kraków at Wielicka 57J/1, 30-552 Kraków, NIP 9452103039, REGON 540165496. CONTACT WITH FRANKA: Email address: hello@frankafranka.com (we respond to emails from Monday to Friday between 9:00 AM and 6:00 PM) / Phone number: 609 809 407 (contact hours are from 9:00 AM to 6:00 PM, Monday to Friday).

DEFINITIONS, OR HOW TO UNDERSTAND THE WORDS WRITTEN IN CAPITAL LETTERS IN THE TERMS AND CONDITIONS:

  • FRANKA Spółka Cywilna: The entity running the FRANKA Moments Store – is a civil partnership operated by Malwina Wawrzynek and Michał Wawrzynek, with a permanent place of business in Kraków at Wielicka 57J/1, 30-552 Kraków, NIP 679 331 4540, REGON 540165496.
  • Service: The website available at the domain address www.frankafranka.com, along with its extensions.
  • Store: The online store available on the Service, through which you can place an Order.
  • Terms and Conditions: A set of rules for using the Service and Store, outlined in the document you are reviewing.
  • You / Customer / User: A Consumer, Entrepreneur, or Entrepreneur with consumer rights. A customer is an individual or legal entity who makes a purchase of digital Content or a Digital Service.
  • Consumer: An individual entering into a contract with FRANKA S.C. that is not directly related to their business or professional activity.
  • Entrepreneur: An individual or legal entity conducting business who enters into a contract with FRANKA S.C., and the content of this contract indicates that it is directly related to the business activity of the Entrepreneur and has a professional character for the Entrepreneur.
  • Entrepreneur with consumer rights: An individual conducting business who enters into a contract with FRANKA S.C. directly related to their business activity, but the content of the contract indicates that it does not have a professional character for the entrepreneur (e.g., based on the business activity data provided in the CEIDG).
  • Business day: Days from Monday to Friday, excluding public holidays.
  • Form: A form available in the Store through which you can place an Order.
  • Order: A declaration of intent that you submit through the Form, aimed at concluding a distance contract with FRANKA S.C.
  • Price: The current amount specified in PLN, which includes any applicable taxes for the performance of the contract by FRANKA S.C.
  • Original Price: The price at which the product was introduced to the Store.
  • Lowest Price (Lowest Price in the Last 30 Days): Provided when a Promotion is in effect, it refers to the lowest price of the product that applied in the 30 days preceding the introduction of the Promotion.
  • Promotion: Special terms for concluding a contract available in the Store during a specified period, which you can take advantage of under certain conditions.
  • Pre-sale: A time-limited purchasing option offered in the Store, where you place an Order and enter into a contract for the delivery of a Product before it is made available for sale in the Store.
  • Payment method: An online payment method available in the Store, selected in the Form.
  • Cart: An electronic service provided within the Store, which allows you to place an Order. It contains information about the Products you have selected, their Price, the total Price of the Order, enables modification of the Order before submission, and allows you to add a discount code to the Order that reduces the Price (according to the discount usage rules).
  • Product: The physical products and services presented in the Store that may be the subject of an Order and Contract.
  • Contract: The agreement between you and FRANKA S.C., concluded as a result of placing and paying for your Order regarding the Product(s); the Contract is concluded when FRANKA S.C. sends the confirmation of Order acceptance.
  • Service: A service presented in the Store that is not a physical item of the Order.
  • Service contract: The agreement between you and FRANKA S.C., the subject of which is the provision of Services made available through the Store in accordance with the Terms and Conditions.
  • Newsletter – A type of lead magnet that is delivered continuously and involves sending commercial, promotional, educational, and product-related content by the Seller, under the terms specified in these Terms and Conditions.
  • Commercial information: Commercial information as defined in Article 2, point 2) of the Act of July 18, 2002, on the provision of electronic services, aimed at promoting the Service, Products, and the image of FRANKA S.C.
  • Consumer Rights Act: The Act of May 30, 2014, on Consumer Rights.
  • Personal Data: Any information about an identified or identifiable natural person.
  • Privacy Policy: A document outlining the rules for collecting, storing, and using the User’s Personal Data.
  • Content: Content published by FRANKA S.C. on the Service in any form, including text, graphic, photographic, audio, audiovisual content, regardless of whether it can be considered a work under copyright law.

I. GENERAL PROVISIONS REGARDING THE USE OF THE FRANKA SERVICE:

  1. The Store and Service are operated by FRANKA S.C.
  2. The Terms and Conditions define the rules for using the FRANKA Moments Service along with its extensions.
  3. The Terms and Conditions apply to all services provided through the Service.
  4. The Terms and Conditions are made available free of charge at www.frankafranka.com, and can be downloaded, reproduced, and saved using an information system, as well as printed.
  5. The provisions of the Terms and Conditions, together with the applicable laws in Poland, exclusively define the rights and obligations of every person using the Service, as well as the rights and obligations of FRANKA S.C. towards you and other Customers.
  6. Before entering into a contract with FRANKA S.C., you should familiarize yourself with the content of the Terms and Conditions. If you do not accept its provisions, do not make a purchase in the Store. Entering into the contract will signify that you have read the Terms and Conditions and are bound by its provisions.
  7. The Store allows you to place an Order and enter into a Contract. The Service allows you to familiarize yourself with the Content.

II. TECHNICAL REQUIREMENTS YOU MUST MEET TO USE THE FRANKA SERVICE:

FRANKA S.C. takes protective actions and measures appropriate to the type of Electronic Services provided within the Service, necessary for the safe and proper functioning of the Service, to the extent that prevents unauthorized access to and modification of Personal Data by unauthorized entities.

  1. If you notice any irregularities or interruptions in the functioning of the Service, please inform FRANKA S.C. in one of the ways indicated at the beginning of the Terms and Conditions.
  2. FRANKA S.C. may temporarily limit or prevent proper use of the Service for activities aimed at the development or updating of the Service, including adding new features or modifying or removing existing ones. FRANKA S.C. is also entitled to suspend the operation of the Service or to completely remove it.
  3. To access and use the Service, as well as to use the Content and Digital Services, it is necessary to meet the technical requirements described below:

a. Use of a device with internet access;
b. Any current operating system;
c. A properly configured, up-to-date version of a web browser with cookie support enabled, e.g., Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari;

Some functionalities of the Service or Store may require:

a. An active email account (this information will be indicated in the Service – i.e., access to certain functionalities may require providing an email address);
b. office suite (for text files such as .doc, .docx);
c. video file player (for video files);
d. a program supporting other types of files (e.g., PDF, MOBI, PUB, XLS);

  1. To properly and safely use the Service, you should be aware of the risks associated with using the Internet and secure your device with basic technical security measures (e.g., antivirus software).
  2. The following customer behaviors are not accepted by FRANKA S.C.:

a. Posting unlawful content, such as sending or publishing unsolicited commercial information (spam) on the Service, or posting any content that violates legal regulations.
b. Providing and transmitting content within the Service that is prohibited by applicable law, particularly content that infringes on third-party copyright or personal rights.
c. Using the services and functionalities available on the Service in a way that disrupts its operation, violates applicable laws, the Terms of Service, customary practices, or social norms, as well as in a manner that interferes with the experience of other Customers.
d. Copying or modifying Products made available on the Service in a manner inconsistent with the Agreement and/or infringing the copyright of FRANKA S.C.
e. Engaging in activities aimed at obtaining information not intended for the Customer.
f. Providing unlawful content and content prohibited by law (e.g., infringing on third-party personal rights, pornographic content).
g. Failure to make timely payment of the Price or other costs in full.
h. Providing information that does not reflect the actual state of affairs.

III. PRODUCTS AND PRICES

  1. Information about Products, detailed descriptions, and Prices are available on the Product page in the Store. The information about Products does not constitute an offer within the meaning of the Civil Code but an invitation to conclude a Contract (interpreted in accordance with Article 71 of the Civil Code).
  2. The digital content offered in the Store, due to its specific nature, does not require updates to maintain compliance with the Agreement.
  3. The prices of Products are listed in PLN and are gross prices.
  4. Products in the Store may be supplemented with new items, modified, or withdrawn.
  5. The prices of Products may be modified by FRANKA S.C.
  6. The prices of Products may be reduced as part of a Promotion, the terms of which will be posted in the Store. The price displayed next to the Reduced Price is the lowest price at which the discounted Product was available in the Store during the last 30 days (Lowest price in the last 30 days). The reduced price is clearly marked.
  7. FRANKA S.C. does not use an algorithm that adjusts prices based on automated decision-making.
  8. In the case of allowing Customers to view reviews from other Customers on the Service or on FRANKA S.C. social media, FRANKA S.C. takes reasonable and proportionate steps to verify whether the reviews are genuine and posted by individuals who have actually used the Products.
  9. The verification of reviews mentioned in section 5 above is done by sending inquiries to Customers requesting them to submit reviews about the Product.
  10. Products are by default sorted based on their popularity among Customers. However, you can sort them according to your preferences (by price, popularity, type, category).

IV. PRE-SALE AND PROMOTIONS

  1. FRANKA S.C. may organize Pre-sales of Products.
  2. The purchase of Products in the Pre-sale is carried out under the terms specified in section VI ORDER PLACEMENT AND CONCLUSION OF THE AGREEMENT, with the proviso that the execution of the Agreement (delivery of the Product) for a Product purchased in the Pre-sale will take place within the time clearly specified in the announcement of the Product’s Pre-sale, rather than immediately after the conclusion of the Agreement. The possibility of participating in the Pre-sale may depend on the availability of the Product in the Store.
  3. FRANKA S.C. may organize Promotions for selected Products available on the Store’s website. Promotions cannot be combined unless the terms of the Promotion explicitly state otherwise. The ability to take advantage of a given Promotion may depend on the availability of the Product on the Store’s website and may also be time-limited.

V. PLACING AN ORDER AND CONCLUSION OF THE AGREEMENT

  1. Orders can be placed in the Store 7 days a week, 24 hours a day, subject to section II, paragraph 3 of the Terms and Conditions.
  2. To make a purchase of Products, use the Store – select the Product and add it to the Cart by clicking the “Add to Cart” button. Then, at your discretion, you can continue shopping or proceed to finalize the Order by clicking the Cart icon in the top right corner and then the “View Cart” button.
  3. After clicking “View Cart,” you will be redirected to a subpage of the Store containing information about the selected Products, their prices, quantities, and the total cost (“Cart Summary”).
  4. The Customer is required to independently fill out the Order Form with the necessary information for the conclusion and execution of the Agreement.
  5. Providing outdated or false information by the Customer may prevent the execution of the Agreement (a condition for placing the Order is: correct and complete completion of the Order Form).
  6. To place an Order, fill out the “Payment Information” form containing the details necessary for order fulfillment, such as first name, last name, street, postal code, city, email address, and, for physical products, also a phone number – for proper delivery. For a business or a business under consumer rights, the company name and VAT number are additionally required. After completing the form, verify the entered data.
  7. If you have a discount coupon, enter it in the field marked as “Coupon Code” and click “Apply Coupon.” To finalize the Order, click “Proceed to Checkout.” You will then be redirected to a page where you will provide personal information and select a payment method (“Payment Information”). Here, you can also add a discount coupon by clicking on the message “Have a coupon? Click here to add your code.” In the pop-up window, enter the coupon code and click “Apply Coupon.”
  8. In the case of incorrect or incomplete completion of the form, the Store will display messages indicating the errors that prevent the continuation of the Order placement.
  9. The next step is to choose a Payment Method (you can read more about this in section VII Payment Methods).
  10. Before finalizing the Order, you will be asked to accept the Terms and Conditions and provide the necessary consents (if the ordered Product requires them). Providing these consents will be necessary to complete the Order.
  11. The Order is finalized by clicking the “Buy and Pay” button, which will redirect you to an external payment system.
  12. Clicking the “Buy and Pay” button constitutes confirmation of the Order placement along with the obligation to pay the fee to FRANKA S.C. The Order confirmation is your declaration of intent to conclude the Agreement in accordance with the Terms and Conditions.
  13. In response to the Order placed by the Customer, FRANKA S.C. will promptly send the Customer an email to the provided address, confirming the receipt of the Order and informing them that the verification process has begun.
  14. After verifying the Order, FRANKA S.C. will promptly send the Customer an email to the provided address, confirming the acceptance of the offer (Order) and the commencement of the Order fulfillment, or information regarding the refusal to accept all or some of the offers made within the Order.
  15. At the moment FRANKA S.C. confirms the fulfillment of the Order, the Agreement is concluded between you and FRANKA. The confirmation is made by sending an email to the address you provided when placing the Order.
  16. The subject of the Agreement is the obligation of FRANKA S.C. to provide the Products to the Customer for the Price indicated on the Store’s website.
  17. In the event of a refusal to accept the offer or offers made by the Customer in the Order, the Agreement will not be concluded. In such a case, FRANKA S.C. will promptly, no later than 14 days from the sending of the aforementioned message, refund the payments made by the Customer, to the extent that the Agreement has not been concluded.
  18. FRANKA S.C. sends the Customer (to the address provided when placing the Order) a summary of the Order containing the most important information about the Order.
  19. The preservation, security, provision, and confirmation of the essential provisions of the Agreement are done by sending an email to the Customer confirming the Order and providing an active link to the Terms and Conditions within the email.
  20. Proof of the purchase made by the Customer in the Store will be provided via email.

VI. PAYMENT METHODS AND PURCHASE CONFIRMATION

  1. FRANKA S.C. allows for payment via a fast electronic transfer through payment operators Przelewy24 and Klarna.
  2. The transaction may require registration in the payment system or acceptance of the terms and conditions of use of the payment system, which are not under the control of FRANKA S.C. Before making the payment, you are obligated to review the terms and conditions of the payment system.
  3. FRANKA S.C. will send you proof of purchase in electronic form. By placing the Order, you simultaneously consent to the issuance and sending of the proof of purchase, i.e., the invoice or receipt, to the email address you provided during the Order placement.
  4. FRANKA S.C. does not store Customers’ credit card numbers in its database.

VII. EXECUTION OF THE AGREEMENT AND DELIVERY

  1. The FRANKA S.C. Store offers Products that are physical goods.
  2. When placing an Order via the Order Form available on the Store’s website, the Order is submitted to FRANKA S.C. by the Customer in electronic form and constitutes an offer to conclude a sales agreement for the Products specified in the Order.
  3. An offer submitted electronically binds the Customer if FRANKA S.C. sends a confirmation of the Order’s acceptance to the email address provided by the Customer. The confirmation mentioned above constitutes FRANKA S.C.‘s statement of acceptance of the Customer’s offer, and upon the Customer’s receipt of this confirmation, the sales agreement is concluded.
  4. The execution of an Order, which involves a physical Product, is the shipment of the physical Product subject to the Agreement to the point specified by you.
  5. The delivery time and price for a physical Product will be specified next to the Product description or, in the case of delivery time, alternatively, in the email correspondence sent to you by FRANKA S.C.
  6. The delivery of a physical Product takes place within Poland through the courier company InPost, via delivery to the selected Parcel Locker.
  7. FRANKA S.C., in accordance with the Customer’s preference expressed during the purchasing process, provides a receipt or VAT invoice along with the Product, covering the delivered goods.
  8. The order processing time is usually 1 business day, but no more than 3 business days. An additional 2 business days should be added for delivery by the courier. Therefore, you will receive your package within 3 to 5 business days. 90% of orders reach our customers within 3 business days.

VIII. COPYRIGHTS, LICENSE

1. The materials, Products, and Services available in the Service and in the Store constitute works within the meaning of the provisions of the Copyright and Related Rights Act and are protected by the rights applicable to works.

IX. RIGHTS IN CASE OF NON-CONFORMITY OF THE PRODUCT WITH THE AGREEMENT

  1. FRANKA S.C. is responsible to you if the sold physical Product is non-conformant with the Agreement and is obligated to provide you with a Product that conforms to the Agreement.
  2. The provisions of this section apply to you if you are a Consumer or a Business under consumer rights.
  3. The provisions of the Consumer Rights Act, along with the content of the Terms and Conditions, apply to the responsibility for the conformity of Products with the Agreement.
  4. If the physical Product is non-conformant with the Agreement, you may request its repair or replacement.
  5. FRANKA S.C. may replace the physical Product even if you request a repair, or may repair it if you request a replacement.
  6. When assessing the excessiveness of costs, all circumstances of the case are taken into account, particularly the significance of the Product’s non-conformity with the Agreement, the value of the Product conforming to the Agreement, and the excessive inconvenience caused by changing the method or refusing to bring the physical Product into conformity with the Agreement.
  7. FRANKA S.C. will repair or replace the physical Product within a reasonable time after being informed of its non-conformity with the Agreement, and without excessive inconvenience, taking into account the nature of the issue and the purpose for which the Products are used. The costs of bringing the Product into conformity with the Agreement are borne by FRANKA S.C.
  8. The physical Product subject to repair or replacement should be made available to FRANKA S.C., which will collect it at its own expense.
  9. If the Products are non-conformant with the Agreement, you may submit a declaration of price reduction or withdrawal from the Agreement when:
    a. Bringing the Product into conformity with the Agreement is impossible or requires excessive costs according to sections 6 and 7 above;
    b. The non-conformity with the Agreement still exists, despite FRANKA S.C.’s attempts to bring the Product into conformity with the Agreement;
    c. FRANKA S.C.’s statement or the circumstances clearly indicate that it will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to you.
  10. You will receive information about how your complaint is handled at the email address you provided, within 14 days from the day following the receipt of the complaint by FRANKA S.C.
  11. FRANKA S.C. is not responsible for the non-conformity of the physical Product with the Agreement if, at the latest at the time of concluding the Agreement, you were clearly informed that a specific characteristic of the physical Product deviates from the requirements for conformity with the Agreement and you explicitly and separately accepted the absence of that specific characteristic of the physical Product.
  12. If, as a Consumer, you have made a proper request to FRANKA S.C. regarding the non-conformity of the Product with the Agreement, and FRANKA S.C. has not responded to the request within 14 calendar days, it is considered that the request has been accepted as justified.
  13. To expedite the handling of a complaint, it is recommended to include in the complaint description information and circumstances related to the subject of the complaint, particularly the type and date of the non-conformity with the agreement, as well as the contact details of the person submitting the complaint. The recommendations provided in the previous sentence are merely guidelines and do not affect the effectiveness of complaints submitted without the recommended description. You may use the complaint form template, which is Appendix No. 2 to the Terms and Conditions, but this is not required.
  14. If you are exercising your rights due to the non-conformity of the physical Product with the Agreement, you are required to deliver the faulty product to the address of FRANKA S.C.’s registered office. If you are a Consumer, the cost of delivering the faulty product is borne by FRANKA S.C.
  15. If you are a Business, FRANKA S.C.’s liability under the warranty is excluded. More information about the rights of buyers can be found on the website of the Office of Competition and Consumer Protection – https://prawakonsumenta.uokik.gov.pl.
  16. FRANKA S.C. is responsible for the non-conformity of the physical Product with the Agreement that exists at the time of delivery and is revealed within two years from that time, unless the product’s shelf life, as specified by FRANKA S.C., its legal predecessor, or persons acting on their behalf, is longer. It is presumed that a non-conformity of the physical Product with the Agreement, which is revealed within two years from delivery, existed at the time of delivery, unless proven otherwise or if the presumption is inconsistent with the product’s specifications or the nature of the non-conformity. The Consumer cannot withdraw from the Agreement if the non-conformity of the physical Product with the Agreement is insignificant. It is presumed that the non-conformity of the physical Product with the Agreement is significant.
  17. The rights related to the non-conformity of the Product with the Agreement apply to Customers of the Store who are Consumers or Businesses under consumer rights.
  18. A Business under consumer rights accepts the Terms and Conditions and then exercises their rights. The Business under consumer rights should complete the relevant form for the non-conformity of the Product with the Agreement, particularly providing information confirming circumstances that verify their status in accordance with Article 7aa of the Consumer Rights Act, or provide this information to FRANKA S.C. in another way.
  19. A Business under consumer rights declares in the form submitted to FRANKA S.C. that the concluded Agreement is directly related to their business activity, but does not have a professional nature, particularly arising from the subject of the business activity they carry out.
  20. Warranty rights can be exercised by contacting FRANKA S.C. in the manner specified in the introduction to the Terms and Conditions.

X. WITHDRAWAL FROM THE AGREEMENT

  1. If you are a Consumer or a Business under consumer rights, you have the right to withdraw from the Agreement without giving a reason within 14 days from the date of its conclusion.
  2. You can withdraw from the Agreement by informing FRANKA S.C. of your decision in the form of a statement, which can be sent by traditional mail or email. You may use the withdrawal form template available in Appendix No. 1 to the Terms and Conditions, but this is not mandatory.
  3. To meet the withdrawal deadline, it is sufficient for you to send information regarding the exercise of your right to withdraw from the Agreement before the expiration of the specified withdrawal period.
  4. In the case of withdrawal from the Agreement, FRANKA S.C. will refund all payments received from you.
  5. The refund will be made using the same payment methods you used in the original transaction, unless you explicitly indicated another solution.
  6. The Consumer or Business under consumer rights will not incur any fees related to the method of payment refund.
  7. The Consumer or Business is obligated to return the undamaged product subject to return within 14 days from the notification of the return to FRANKA S.C. The cost of the return is fully borne by the Consumer or Business who ordered the physical product.

XI. PROVISIONS REGARDING BUYERS WHO ARE BUSINESSES

  1. If you are a Business who is not a Business under consumer rights, FRANKA S.C.’s liability towards you is limited – both for a single claim and for all claims in total – to the amount of the paid Price, and FRANKA S.C. is not liable for any lost profits.
  2. Any disputes arising between FRANKA S.C. and a Customer who is not a Consumer shall be subject to the court with jurisdiction based on the registered office of FRANKA S.C.
  3. FRANKA S.C. is not liable for lost profits with respect to a Business who is not a Business under consumer rights.

XII. FORCE MAJEURE

  1. In the event of Force Majeure, both FRANKA S.C. and you are released from any liability for non-performance or improper performance of our binding Agreement, as long as the circumstances of the Force Majeure constitute an obstacle to the performance of the concluded Agreement. This principle applies during the period immediately preceding the occurrence of Force Majeure or immediately following it, provided that during the specified period, the impact of Force Majeure prevents the performance of the Agreement.

XIII. OUT-OF-COURT DISPUTE RESOLUTION AND CLAIMS HANDLING FOR CONSUMERS

  1. Any disputes related to the services provided by FRANKA will be resolved by common courts, and the applicable law is Polish law.
  2. If you are a Consumer, you can use out-of-court methods for resolving complaints and pursuing claims. The rules for accessing these procedures are available at the offices and websites of district (municipal) consumer ombudsmen, consumer protection organizations whose statutory tasks include consumer protection, regional inspectorates of commercial inspection, and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
  3. Istnieje również możliwość skorzystania z platformy internetowego systemu rozstrzygania sporów pomiędzy konsumentami a przedsiębiorcami na szczeblu unijnym (platforma ODR), która dostępna jest pod adresem: http://ec.europa.eu/consumers/odr.
  4. The provisions of the Terms and Conditions do not prevent Customers from invoking mandatory legal provisions regulating the protection of consumer rights.

XIV. APPLICABILITY AND AMENDMENT OF THE TERMS AND CONDITIONS

  1. The Terms and Conditions, along with the attachments, constitute a contractual template within the meaning of Article 384 § 1 of the Civil Code.
  2. To the extent permitted by law, FRANKA S.C. is entitled to make changes to the Terms and Conditions, i.e., in situations where there is an important reason. An important reason is considered to be:
    a. a change in the terms and conditions of the Agreement,
    b. the need to comply with applicable regulations and their current interpretation,
    c. modification of IT solutions and the need to adjust the content of the Terms and Conditions to this change,
    d. a situation in which the Terms and Conditions require supplementation, clarification, or modification in order to create greater transparency of the Terms and Conditions,
    e. the introduction of new functionalities of the Service or the Store,
    f. the issuance of decisions, recommendations, advisories, or acts of a similar nature by public authorities, in which the documents modify the content of the Terms and Conditions or impose an obligation on FRANKA S.C. to modify the Terms and Conditions.
  3. In relation to Customers who are not Consumers, the Terms and Conditions may be amended at any time based on generally applicable legal provisions.
  4. For agreements concluded before the change of the Terms and Conditions, the Terms and Conditions applicable at the time the Agreement was concluded shall apply.
  5. In the case of changes to the Terms and Conditions, FRANKA S.C. will make the consolidated text of the Terms and Conditions available by publishing it on the Service and sending it via email to the address you provided when concluding the Agreement, which the Parties will consider as introducing the information about the change into electronic communication in such a way that you can familiarize yourself with its content.
  6. The change to the Terms and Conditions comes into effect 14 days after the publication of the consolidated text of the Terms and Conditions following the amendments.
  7. Actions related to the Terms and Conditions undertaken by Customers who are not Consumers should be made in documentary form. Any disputes between FRANKA S.C. and Customers who are not Consumers will be resolved by the court with jurisdiction over the registered office or place of residence of FRANKA S.C.
  8. FRANKA S.C. may terminate the Service Agreement with the Customer with a 30-day notice for valid reasons, understood as a change in the legal regulations governing the provision of electronic services by FRANKA S.C. that affects the mutual rights and obligations defined in the agreement between the Customer and FRANKA S.C., or a change in the method of providing services caused solely by technical reasons.
  9. FRANKA S.C. may terminate the Service Agreement with a 14-day notice period or refuse further access to the Store for valid reasons, particularly in the case of a gross violation by the Customer of these Terms and Conditions, such as situations where the Customer breaches the General Terms of Use of the Store.

XV. PERSONAL DATA PROTECTION

  1. Your personal data is processed by FRANKA S.C. as the data controller.
  2. Providing personal data is voluntary, but necessary to conclude the Agreement.
  3. Additional information regarding data processing is available in the Privacy Policy on the Service’s website.

XVI. FINAL PROVISIONS

  1. The content of the Terms and Conditions is available to Customers free of charge on the Store’s website.
  2. In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, particularly the Civil Code and other relevant provisions of generally applicable law.
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