Conditions d'utilisation
RULES AND REGULATIONS OF THE subu-tokyo.eu ONLINE STORE
Dear Customers, we would like to present the Rules and Regulations of the SUBU Online Store, hereinafter referred to as “Rules and Regulations”. These Rules and Regulations contain necessary information on the operation of the Online Store, the rules of providing Services by the Seller, the rules of placing Orders for Products available in the Online Store, and the information on the processing of your personal data. The Rules and Regulations have been drafted on the basis of the provisions of the Act of 30 May 2014 on consumer rights, the Act of 18 July 2002 on providing services by electronic means, the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of personal data and the free movement of such data, and repealing Directive 95/46/ EC, and the Directive 1999/44/EC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.
§1. DEFINITIONS
The terms used here should be construed in the meaning set forth below:
1. Personal Data Controller – an authority, organizational unit or person which determines the purposes and means of the processing of personal data in accordance with the definition set forth in the Regulation of the European Parliament and of the Council of 27 April 2016 on personal data protection, the Personal Data Controller shall be FUJIEI Europa spółka z ograniczoną odpowiedzialnością [limited liability company] seated in Warsaw (01-524), ul. Wojska Polskiego 9/108, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Economic Department, under the number 0000693993, NIP: 5252723048, REGON: 368293244 ;
2. Email Address – the electronic mail address of the Online Store: contact@subu-tokyo.eu ;
3. Client – a legal person, a natural person, and an organizational unit other than a legal person and having legal capacity under special regulations that places an order in the Online Store or intends to do so;
4. Cart (Basket) – a space in the Online Store, made available to the Client individually, allowing the Client to obtain necessary information on their current shopping activity and details of their yet unsubmitted Order;
5. Notification – an electronic message sent to the Client’s email address provided in the order form in the Online Store and containing specific information;
6. Product – a movable article of property available in the Online Store and being the subject matter of the purchase agreement between the Client and the Seller;
7. Online Store – the store managed by the Seller where the products offered by the Seller may be purchased by the Clients via the Internet (using electronic means) www.subu-tokyo.eu ;
8. Seller – the seller and the owner of the Online Store is: FUJIEI Europa spółka z ograniczoną odpowiedzialnością [limited liability company] seated in Warsaw (01-524), ul. Wojska Polskiego 9/108, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Economic Department, under the number 0000693993, NIP: 5252723048, REGON: 368293244;
9. Purchase Agreement – an agreement remotely entered into by the Seller and the Client, concerning the purchase of Products offered in the Online Store and selected by the Client;
10. Service – the service rendered electronically by the Seller as part of its business activity and involving the management of the Client’s account;
11. Order – declaration of the Client’s will, directly leading to the conclusion of the Purchase Agreement and containing its details specified by the Client;
12. Rules and Regulations - this document specifying the rules for concluding and performing sales contracts in the store and providing services by the Seller to Customers electronically, in particular establishing and maintaining a Customer account, sending the Newsletter to Customers and enabling Customers to use the order form,
§2. GENERAL PROVISIONS
1. The Controller of personal data shared by the Client as a result of their use of the Online Store is the Seller.
2. The information on the methods of personal data protection used by the Seller are set forth in the Privacy Policy which constitutes Appendix.
3. The prices used on webpages of the Online Store are provided in gross and in euro.
4. The Clients are asked to kindly remember that:
1. the Service Agreement is concluded at the moment of clicking the pay now button.
2. the purchase Agreement is concluded at the moment of receiving the notification that the Order has been accepted. Upon the receipt of this Notification, the Seller and the Client enter into the Purchase Agreement.
5. In order to use the Webstore, which includes browsing the available selection and placing orders for the Products, the Client requires: data terminal equipment with Internet access and a web browser, a keyboard or another pointing device allowing to properly fill out electronic forms, which is necessary for properly placing the Order, an active electronic mail (email) account, and enabled Cookies support.
6. The Customer may contact the Seller on any issues that are the subject of the Regulations by e-mail contact@subu-tokyo.eu, by phone at +48 22 327 16 40 (on working days during the hours specified on the Store's home page) and in writing by letter to the address indicated in § 1 section 1.
§3. THE RULES FOR PLACING ORDERS
1. The subject of sale are products presented by the store and marked as available at the time of placing the order. All products presented in the Store are new.
2. The Seller has the right to change product prices, introduce new products, withdraw products, and grant discounts on products.
3. Product prices are given in PLN and EUR and include VAT.
4. The Seller allows for placing orders in the Online Store without registration.
5. In order to place and order and purchase a product available in the Online Store, the Client should firstly select the product while indicating its parameters, and secondly add the product to the cart by clicking the ,,add to cart” button. Clicking the button shall move the product to the cart. Client is then free to continue shopping.
6. Having selected all the desired products, Client wishing to place the order should switch to the cart tab by clicking its icon available in the top-right corner of the Online Store.
7. Upon displaying the cart and checking information on the product in the cart, the Client should click the ,,pay now” button.
8. The customer can also select a product and press the "buy it now" button.
9. Upon entering all data required in the form, you should click the ,,pay now” button to complete the order. In the order form, the Customer must provide the following data regarding the Customer: name and surname, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s , quantity of the Product(s), if available, type, color and size of the Product, place and method of delivery of the Product(s), method of payment.
10. Completion of the Order form completed by selecting the "pay now" option means placing an order and expressing the Customer's will to conclude a contract for the sale of products in the number and price and on the terms specified in the order and the Regulations (offer).
11. Payment is made via electronic payment systems. This information is tantamount to the Seller's declaration of acceptance of the offer to conclude a sales contract on the terms specified in the order and the Regulations.
12. If it is not possible to accept all or some of the offers submitted as part of the order, the Seller will contact the Customer in order to:
a) inform the Customer about the impossibility of accepting all offers submitted as part of the order to conclude a Sales Agreement;
b) the Customer's confirmation of the will to complete the Order in the part in which the Seller agreed to accept offers to conclude the Sales Agreement. The Customer may then cancel the placed Order in its entirety (within the scope of all offers), which does not affect his right to withdraw from the contract. Canceling the Order by the
Customer releases the Seller from the obligation to fulfill it. If it is not possible to accept the offers/s submitted under the Order, the Sales Agreement for the products indicated by the Seller is not concluded, and the Seller immediately, no later than within 14 days, returns the payments made by the Customer to the Customer, to the extent that the Sales Agreement is not has been concluded.
13. Immediately after concluding the contract, an e-mail confirming the conclusion of the contract will be sent to the Customer's e-mail address. In this message, the Customer will receive a personalized order number, which will enable him, among others, to: determining the status of the order.
14. Proof of purchase is an invoice, which the Customer receives electronically, together with the product or in a separate shipment. The Customer authorizes the Seller to send the invoice electronically to the e-mail address provided by the Customer, unless the Customer expressly notifies the Seller of the desire to receive it in paper form.
§4. PAYMENTS AND DELIVERY
1. Payment for the purchased Products may be made using one of the following methods: credit card, PayPal, via the Stripe payment module whichever is selected by the Client.
2. The delivery of the purchased Products shall be completed with the use of a forwarding company or in accordance with information provided in the Order Form.
3. The shipping cost of the purchased Product depends on the shipping method and the destination. The Client may obtain information on the exact shipping cost in the Order Form.
4. On average, parcels are prepared for shipping within 3–7 working days of the order confirmation.
5. Customs fees are not included in the delivery fee. The Client placing an order from outside the territory of the European Union is obliged to cover additional costs such as customs, taxes, and customs fees in accordance with local regulations.
6. When receiving the parcel, the Client is asked to thoroughly check, in the presence of the forwarder/transport agent, that no contents of the parcel are missing, as well as to thoroughly check the condition of the packaging and the ordered Product. If the packaging seems damaged, the parcel should not be accepted or should be opened in the presence of the courier, damage report should be drawn up if needed, any potential damage should be documented as photos or videos, and the Seller should be contacted as soon as possible in order to explain the matter. Such conduct will allow for immediate resolution of the issue.
§5. ELECTRONIC SERVICES IN THE ONLINE STORE
1. The Seller provides the following Electronic Services to Customers free of charge via the Online Store:
a. creates an account and, after logging in, enables maintaining the Customer's session on the website and stores order history;
b. enables the use of an order cart;
c. enables the use of the order form;
d. presents advertising content for customers;
f. Newsletter.
2. Using the Account is possible after completing the registration form and accepting the provisions of these Regulations and clicking the "register" field. The use of the account is free of charge for an indefinite period. The customer may change the data in his account at any time. The Customer may at any time and without giving a reason, delete the account by sending a request to the Seller, in particular via e-mail to the following address: contact@subu-tokyo.eu or to the correspondence address of Fujiei sp. z o. o. with its registered office at Al. Wojska Polskiego 9/108, 01-524 Warsaw. This is tantamount to requesting the deletion of all data collected on it.
3. In order to purchase the product, it is not necessary to create an account, it is sufficient to complete the order form. You can make a purchase directly through the website by clicking "buy it now" and then fill out the order form or place the products in the "cart" and then proceed to fill out the form. In order to use the "cart", you must add the first product. The "cart" is free of charge and its use ends when the order is placed or the order is stopped.
4. In the order form, please provide the following data: name and surname, delivery address, e-mail address and telephone number, optional company details.
5. If the Order form is completed by the Customer after logging in to his personal account, the above data is completed automatically based on the data provided by the Customer during account registration.
6. The Service Provision Agreement is concluded when the Customer receives confirmation of the Service Provision Agreement sent by the Seller to the e-mail address provided by the Customer during registration.
7. The customer is obliged in particular to:
a) providing true data on the order form;
b) use the services and functionalities provided by the Seller in a manner consistent with the provisions of law and in a manner that is not burdensome for other Customers and the Seller;
c) timely payment of the price and other costs agreed by the Customer and the Seller in full amount;
d) timely receipt of products ordered using the delivery method;
e) not providing or transmitting content prohibited by law within the Online Store, in particular content violating the proprietary copyrights of third parties or their personal rights;
8. The Seller also provides the Newsletter service, which involves sending information about products and promotions by e-mail. Using this service requires checking the "Send me e-mails with new products and offers" checkbox in the order form or providing an e-mail subscription on the main website of the Seller's store, which is tantamount to consenting to receiving commercial information in this form in accordance with the Act on of July 18, 2002 on the provision of services by electronic means and the use of telecommunications terminal equipment by the Seller for this purpose in accordance with the Act of July 16, 2004 - Telecommunications Law. The customer also confirms that he has read these Regulations and the store's Privacy Policy.
9. The Newsletter service is provided free of charge for an indefinite period of time. The Customer may at any time, without giving a reason, resign from this service by submitting information to the Seller via e-mail to the following address: contact@subu-tokyo.eu or to the correspondence address of Fujiei sp. z o. o. with its registered office at Al. Wojska Polskiego 9/108, 01-524 Warsaw.
§6. COMPLAINTS
1. The Seller is responsible to the Client for physical or legal defects of the sold products (Statutory Warranty) in accordance with the provisions of the Polish Civil Code of 23 April 1964.
2. In the event of non-compliance of the product with the contract, the Customer may request its repair or replacement.
3. The Seller may make an exchange when the Customer requests repair or may make a repair when the Customer demands replacement if bringing the product into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, he may refuse to bring the product into compliance with the contract.
4. The Seller is not liable for the lack of compliance of the product with the contract if the Customer, at the latest at the time of concluding the contract, was clearly informed that a specific feature of the product deviates from the requirements for compliance with the contract and expressly and separately accepted the lack of a specific product feature.
5. The Seller shall repair or replace the product within a reasonable time from the moment it was informed by the Customer about the lack of compliance with the contract and without excessive inconvenience to the Customer, taking into account the specific nature of the product and the purpose for which the Customer purchased it. The costs of repair or replacement, including in particular the costs of postage, transportation, labor and materials, are borne by the Seller.
6. If the goods are inconsistent with the contract, the Customer may also submit a declaration of price reduction or withdrawal from the contract. Where the Seller has refused or failed to bring the product into conformity with the contract, the lack of conformity of the product with the contract continues even though the Seller has attempted to bring the product into conformity with the contract. The lack of conformity of the product with the contract is significant enough to justify a price reduction or withdrawal from the contract; it is clear from the Seller's statement or circumstances that he will not bring the goods into compliance with the contract within a reasonable time or without excessive inconvenience to the Customer.
7. The reduced price must be in proportion to the price resulting from the contract and the value of the product inconsistent with the contract remains to the value of the product consistent with the contract.
8. The Seller returns the amounts due to the Customer as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the Customer's declaration of price reduction.
9. The customer cannot withdraw from the contract if the lack of compliance of the product with the contract is immaterial.
10. If the lack of compliance with the contract applies only to some products delivered under the contract, the Customer may withdraw from the contract only in relation to these products, as well as in relation to other products purchased by the Customer together with the non-conforming products, if it cannot reasonably be expected that that the Customer agrees to retain only products consistent with the contract.
11. In the event of withdrawal from the contract, the Customer shall immediately return the product to the Seller for its cost. The Seller returns the price to the Customer immediately, no later than within 14 days from the date of receipt of the product or proof of its return.
12. Every Client has the right to file a complaint. The customer may submit a complaint using the complaint form or formulate the complaint himself.While exercising this right, the Client is asked to offer a precise description of the defect of the Product or the Service.
13. Complaints can be sent by e-mail to contact@subu-tokyo.eu or to the correspondence address of Fujiei sp. z o. o. with its registered office at Al. Wojska Polskiego 9/108, 01-524 Warsaw.
14. The complaint may also be sent in one shipment together with the returned product - if the Customer demands its repair or replacement or withdraws from the contract.
15. The deadline for considering a complaint is 14 days from receipt of the complaint. The complaint will be sent to the Customer to the e-mail address provided or in writing to the Customer's correspondence address.
16. In the event of withdrawal from the contract, the Customer shall immediately return the product at the Seller's expense to the correspondence address: Fujiei sp. z o. o. with its registered office at Al. Wojska Polskiego 9/108, 01-524 Warsaw. The Seller returns the price to the Customer immediately, no later than within 14 days from the date of receipt of the product or proof of its return. The Seller refunds the price using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
17. The product subject to repair or replacement is collected by the Seller from the Customer at his own expense.
18. Prior to filing the complaint and sending the Product, the Client is asked to contact the Seller by phone or an electronic message in order to speed up the complaint proceedings.
19. The customer may submit a complaint regarding the performance or improper performance of electronic services. The complaint should specify the type of request and data enabling the Seller to contact the Customer. The Seller will respond to the Customer's complaint within 14 days from the date of its receipt - to the e-mail address provided by the Customer or in writing to the Customer's correspondence address.
§7. THE RIGHT OF WITHDRAWAL
1. Client has the right to withdraw from the Agreement without stating reason within the statutory time limit of 14 days since the conclusion thereof or the receipt of the Product, whichever occurred later.
2. Client has not the right to withdraw from the Agreement concerning an object manufactured according to the Consumer’s specifications and/or serving to satisfy their customised needs.
3. In order to exercise the right of withdrawal from the agreement, the Client should file a relevant declaration of will and send it to the Seller together with the purchased Product and information on the Client’s bank account whereto the price of the Product shall be refunded.
4. If the Customer exercises the Statutory right of withdrawal, the Seller shall refund the payments made by the Customer using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him. In the event that the payment cannot be refunded using the same payment method used by the Customer due to the fact that the Seller no longer supports a specific payment method, the Seller will refund the payment using the payment method that corresponds as closely as possible to the characteristics of the Customer. payment method previously used by the Customer.
5. When exercising the right to withdraw from the remotely concluded agreement, the Client bears the cost of resending the Product to the Seller.
6. The customer may submit a declaration of withdrawal by e-mail to the address contact@subu-tokyo.eu or to the correspondence address of Fujiei sp. z o. o. with its registered office at Al. Wojska Polskiego 9/108, 01-524 Warsaw.
7. The declaration of withdrawal from the contract may be sent separately or in one shipment together with the returned product.
8. Upon filing the declaration stating the will to withdraw from the Agreement, the Product price shall be returned to the Client just like the shipping cost of the Product borne at the moment of purchase up to the amount of the cheapest delivery option available in the Seller’s offer, within 14 days but not prior to the receipt of the product.
9. The Customer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: WW Logistics, ul. Warszawska 75A, 05-300 Stojadla, POLAND.
10. The customer is responsible for reducing the value of the product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
§8. PERSONAL DATA
1. The data shall be processed in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
2. The data controller is: FUJIEI Europa spółka z ograniczoną odpowiedzialnością in Warsaw (01-524), ul. Wojska Polskiego 9/108, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Economic Department, under the number 0000693993, NIP: 5252723048, REGON: 368293244.
3. The Personal Data Protection Policy of Store customers is available in the www.subu-tokyo.eu Privacy Policy.
§9. COPYRIGHT PROTECTION
1. The Online Store and all materials published in the Online Store are unique. The content layout of the Online Store’s Website, as well as its specific parts such as texts, photos, graphics, application etc. are protected on general terms under copyright regulations.
2. All trademarks, trade names, and corporate symbols placed on the Website are legally protected on the terms set forth in specific regulations.
3. By using the contents made available on the Website, the Clients gain no rights and obtain no license to the contents in question.
4. It is forbidden to reproduce, modify, reuse fully or partially, block, publicly display, and publicly share contents published on the Website with the exception of cases indicated in the applicable provisions of the law.
§10. FINAL PROVISIONS
1. All matters not settled herein shall be governed by the relevant provisions of the Polish law.
2. Every Client with Consumer status has the right to use extrajudicial means of processing complaints and pursuing claims. Such means include:
a) a permanent consumer arbitration court which allows to file requests for resolving disputes arisen from the Purchase Agreement concluded;
b) a district or municipal consumer ombudsman or community organisations which protect consumer rights as part of their statutory activity.
3. A platform for the resolution of disputes between consumers and traders at the EU level (the Online Dispute Resolution platform) can be accessed at: http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multi-language website offering comprehensive services for consumers and entrepreneurs who wish to settle by extrajudicial means any dispute concerning contractual obligations arising from the remote purchase or service agreement.
4. These Rules and Regulations together with appendices constitute an integral part of the Agreement entered into by the Seller and the Client.
5. These Rules and Regulations are subject to change. In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publication in the Online Store. Seller shall provide every registered User with information on the changes, sent to the electronic mail address provided by the User in the registration form. The notification shall be sent no later than 14 calendar days before the amended Rules and Regulations become applicable. If the User does not accept the updated Rules and Regulations, they are obliged to inform the Service Provider of this fact within 14 days of the notification.
6. These Rules and Regulations have been drafted in Polish and in English. In the event of discrepancies, the Polish version shall prevail.
SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
Date of conclusion of the contract/acceptance ……………………………….
Order number …………………………….…………………….…………….
Customer's name and surname ………………….……………………………
Customer's address ……………………………………...……………………
Addressee:
Fujiei sp. z o. o.
Al. Wojska Polskiego 9/108
01-524 Warsaw
POLAND
I/We …………………………………………………………………………………………….. inform…………………………… ……………………………………………… about my/our withdrawal from the sales contract for the following items ...………………………………………………………………………………………………… ……………………...……………………………………………………………………………………………………....……………...……………………………………………………………………………………………………..……………………………….…...…………………… ……………………………………………………..……………………………………..….
Customer's signature with date
…………………………………….
COMPLAINT FORM SAMPLE
(this form should be completed and returned only if a complaint is submitted)
Date of conclusion of the contract/acceptance ……………………………….
Order number ……………………………….…………………………….….
Customer's name and surname ………………………….……………………
Customer's address ………………………………………...…………………
Addressee:
Fujiei sp. z o. o.
Al. Wojska Polskiego 9/108
01-524 Warsaw
POLAND
I inform that the product purchased by me on ..……………………………………………………………………………………………………. ..……………….…………..….. is inconsistent with the contract. Non-compliance with the contract consists in .……………………………………………………………………………………………….. Lack of compliance with the contract was confirmed on………………………………………….….. Therefore, pursuant to the Act of May 30, 2014 on consumer rights, I demand:
a) replacing the goods with a new one*
b) free product repair*
c) price reduction *
d) I withdraw from the contract and ask for a refund of the product price in the manner in which payment for the product was made *
If you select points c and d, please indicate one of the reasons given below:
- the seller refused to bring the products into conformity with the contract by repairing or replacing them because ..…….. *
- the seller did not bring the products into compliance with the contract by repairing or replacing them because ……….. *
- the lack of conformity with the contract continues even though the seller has tried to bring the goods into compliance with the contract, because ……….. *
- the seller has declared / it follows from the circumstances of the case that the seller will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer, because ……….. *
Customer's signature with date
…………………………………….
*please circle and fill in the appropriate information