Terms and conditions of the B2B Sales Platform

General provisions

  1. These Regulations define the rules of sales conducted by Faneco sp. z o.o. sp.k. through the Faneco B2B purchasing platform (hereinafter: Platform), available at www.faneco.com, intended for logged-in business and individual clients (hereinafter: Clients). Use of the Platform requires registration of an account and acceptance of these Regulations.
  2. Seller – FANECO Spółka z ograniczoną odpowiedzialnością Sp. k. with its registered office in Poznań (61-701) Aleksandra Fredry 1/16 Street, Poland, entered in the Register of Entrepreneurs of the National Court Register under the number 0000622628, NIP: 7781342896, REGON: 631265483.
  3. Customer – a subject having an account on the Platform and making purchases in the Faneco B2B store. The Customer may be both an entrepreneur (legal person, organizational unit or natural person conducting business) and a consumer as defined by law.
  4. Consumer – a Customer who is a natural person making a legal transaction (purchase) with Faneco not directly related to his/her economic or professional activity. A natural person conducting business activity, concluding an agreement directly related to this activity, if it follows from its content that it is not professional for this person (the so-called entrepreneur on consumer rights in accordance with Article 38a of the Law on Consumer Rights) is also considered a Consumer in the meaning of these Regulations.
  5. Goods – the product offered by the Seller for sale on the Platform.
  6. Order – the Customer’s statement of intent to conclude a contract of sale of Goods with the Seller. The contract of sale is concluded when the Seller confirms the acceptance of the Order (by e-mail or by changing the status of the Order on the Customer’s account).
  7. The Seller conducts sales on the territory of the Republic of Poland and countries of the European Union, in accordance with these Regulations. The Seller does not apply any restrictions on the minimum value of the Order – there is no minimum amount of the Order that the Customer must place.
  8. In all matters not regulated by these Regulations, the generally applicable provisions of Polish law, in particular the Civil Code and the Act of May 30, 2014 on Consumer Rights, as amended, shall apply.

Placing orders

  1. Orders for Goods can be placed via the Platform after logging in to the Customer’s account. Alternatively, the Customer may place an order by email (e.g., by sending an order to the Seller’s email address).
  2. To place an order via the Platform, the Customer selects the Goods from the offer, adds them to the shopping cart, and then completes the order, selecting the payment method and providing the necessary data for delivery. Before finalizing the order, the Customer receives a summary of the essential terms of the contract (selected Goods, total price, delivery costs, etc.) and must confirm acceptance of these Terms and Conditions.
  3. Information about the Goods provided on the Platform website (including descriptions, prices) constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code. Placing an order by the Client constitutes an offer to purchase the specified Goods. The Seller shall immediately confirm receipt of the order and its acceptance for execution by sending an e-mail message to the Client.
  4. No minimum order value – Customer can order Goods of any value. The Seller does not require reaching any price threshold of the order.

Payments

  1. The Seller offers the following forms of payment for the ordered Goods:
    • Prepayment (traditional transfer) – payment made before shipment of the order, to the Seller’s bank account. After placing the order, the customer will receive the data for making the transfer (amount, account number and title of payment).
    • Deferred payment (purchase on invoice with payment term) – a form available for regular or verified Customers (e.g. public institutions or business partners) by prior arrangement with the Seller. The payment term of the invoice is normally 7 or 14 days from the date of issue, unless the parties agree otherwise.
    • Fast electronic payments – online payment using a third-party payment system that supports BLIK, debit and credit cards and fast online transfers, among others. Choosing this form, the customer will be redirected to a secure payment service to authorize the transaction. Payment by these methods is usually posted immediately.
  2. All prices of Goods quoted on the Platform are net prices and are expressed in Polish zloty (PLN) or Euro (EUR). Prices do not include possible delivery costs, which are calculated and provided to the Customer when placing an order.
  3. The Seller reserves the right to require prepayment (of all or part of the order value) in the case of orders of significant value, non-standard orders (customized goods) or when there is a reasonable suspicion about the payment reliability of the new Customer. In this case, the execution of the order may be subject to prior payment within the agreed period.
  4. The sales document (VAT invoice) will be issued and delivered to the Customer at the latest upon delivery of the Goods (by default in electronic form to the e-mail address assigned to the Customer’s account, unless the Customer requests a paper invoice).

Delivery and order processing

  1. Deliveries of Goods are carried out on the territory of Poland and countries of the European Union. In the case of shipment abroad, the cost and terms of delivery can be determined individually – the Seller has favorable transport contracts for EU countries and always tries to select the most favorable solution for the Customer. As a standard, foreign deliveries are carried out through courier companies on EXW (Ex Works) terms from the Seller’s warehouse.
  2. The Seller will make every effort to ship the ordered Goods as soon as possible. The maximum lead time is 5 business days – this means that within this period the Goods will be shipped to the Customer (handed over to the courier) for standard orders. Usually, shipment is faster; Goods in stock, ordered on a business day before 1:00 pm, are shipped even on the same day. In the case of an anticipated delay of more than 5 days, the Seller will contact the Customer to inform about the reason for the delay and to agree on further steps (e.g. partial fulfillment, rescheduling or possible withdrawal from the contract if the delay is not accepted).
  3. Deliveries within Poland are made through reputable courier or shipping companies. Shipments must be received on business days (standard domestic delivery time is 1-2 business days after posting). The cost of delivery (parcel) is given when placing an order and depends on the total weight/size of the parcel and the selected carrier. For high-value orders, the Seller may offer free delivery – such information, if applicable, will be shown in the order summary.
  4. The customer is obliged to check the condition of the shipment upon receipt. If there is any damage to the packaging or defects, it is recommended to receive with reservation and write a damage report in the presence of the courier. Any transport damage or defects in the contents should be immediately reported to the Seller. After confirmation of receipt of the shipment, it is difficult to report any damage to the shipping company, so it is in the interest of the customer to immediately check the condition of the shipment.

Right of withdrawal (returns)

  1. Right to withdraw from the contract – Pursuant to Article 27 of the Act of May 30, 2014 on Consumer Rights, a Customer who is a Consumer has the right to withdraw from a contract of sale concluded remotely within 14 calendar days from the date of taking possession of the Goods (by the Consumer or a third party other than the carrier designated by the Consumer), without giving any reason. Sending a statement of withdrawal to the Seller before the deadline (e.g. by e-mail) is sufficient to meet this deadline.
  2. The 14-day withdrawal period begins:
    • for a contract of sale – from the moment the Consumer came into possession of the purchased Goods (or into possession of the last of the batch/complete of Goods, if the delivery was split);
    • For a service contract – from the date of conclusion of the contract.
  3. The Consumer’s right of withdrawal may be exercised by making an unambiguous statement – e.g. in the form of a written form (statutory model provided in the Appendix to these Regulations) sent by mail to the address of the Seller or by e-mail sent to info@faneco.com. The Seller will confirm receipt of such a statement to the Consumer.
  4. In the event of effective withdrawal from the contract, the contract is considered not concluded. Both the Seller and the Consumer are obliged to return the mutual benefits. The Consumer must return the received Goods immediately, but no later than within 14 days from the day on which he made a statement of withdrawal from the contract. To meet the deadline it is sufficient to return the item before its expiration.
  5. The Consumer shall bear the direct costs of sending back (returning) the Goods to the Seller, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear these costs. The Seller does not accept cash-on-delivery shipments – in order to return the Goods, the Consumer should send back the Goods at his own expense to the address of the Seller’s warehouse (or any other address designated by the Seller).
  6. The consumer has the right to try on or inspect the Goods received to the extent necessary to ascertain the nature, characteristics and functionality of the thing (in the way he could do it in a stationary store). However, the Consumer shall be liable for any diminution in the value of the Goods resulting from use beyond the above scope. The Seller may reduce the returned amount in proportion to the degree of diminution in the value of the returned Goods (in accordance with Article 34(4) of the Consumer Rights Act).
  7. The Seller will refund all payments received from the Consumer, including the cost of delivering the Goods to the Consumer (if incurred), immediately – no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract. The payment will be refunded using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another form of refund that does not involve any costs for him.
  8. Important: The Seller may withhold reimbursement of payments received from the Consumer until it has received the Goods back or the Consumer has provided proof of shipment of the Goods, whichever event occurs first. If the Consumer has sent the Goods and the Seller has not yet received them, the Seller may withhold reimbursement until confirmation of delivery of the return shipment or receipt of proof of posting from the Consumer.
  9. Prawo odstąpienia od umowy nie przysługuje Konsumentowi w odniesieniu do umów wymienionych w art. 38 ustawy o prawach konsumenta. W szczególności odstąpienie nie jest możliwe, gdy przedmiotem zamówienia jest:
    • a non-refabricated thing, produced according to the Consumer’s specifications or serving to meet his individualized needs (product made on special order),
    • Goods delivered in sealed packaging, which, once opened, cannot be returned for health or hygiene reasons (if the packaging was opened after delivery),
    • provision of services that have been fully performed with the express consent of the Consumer before the expiration of the withdrawal period (when the Consumer has been informed that he/she will lose the right to withdraw after the performance),
  10. In order to facilitate the return process, the Seller recommends that the return shipment be accompanied by a completed withdrawal form (a sample of which is attached to the Terms and Conditions) or, at the very least, information containing the Customer’s data, order number and a clear statement of withdrawal. The use of the sample form is not mandatory, but will facilitate the identification of the return.
  11. Address for returning the Goods (unless the Seller indicates otherwise in the correspondence): Warehouse Faneco sp. z o.o. sp.k. 58 Fryderyka Chopina St., 38-300 Gorlice .

Complaint procedure (warranty and guarantee)

  1. Complaints on account of non-compliance of the Goods with the contract (warranty): The Seller shall be liable to the Customer, who is a Consumer, for non-compliance of the delivered Goods with the contract on the basis of the applicable laws, in particular the Consumer Rights Act (Chapter 5 on sales contracts) and the Civil Code. In the case of Customers who are not Consumers, the Seller’s liability under warranty for physical and legal defects of the Goods may be limited in accordance with Article 558 §1 of the Civil Code (e.g., the Seller may refuse liability for defects unless they have been concealed maliciously).
  2. Period of liability: Towards Consumers, the Seller shall be liable for non-conformity of the Goods with the contract established within 2 years from the delivery of the Goods (non-conformity existing within 1 year from delivery shall be presumed to have existed at the time of delivery, unless proven otherwise). With respect to business customers, the warranty liability period is 1 year from the delivery of the Goods, unless the parties agree otherwise.
  3. Filing a complaint: In the event of a physical defect in the Goods, damage in transit or non-compliance of the delivered product with the order, the Customer has the right to file a complaint. It is recommended that the complaint contain the following information: the Customer’s data and enabling contact (name, surname/company name, e-mail address, telephone number), order or invoice number, identification of the Goods being complained about, description of the defect or discrepancy and the Customer’s demand (e.g. replacement, repair, refund). This will facilitate efficient processing of the complaint.
  4. A complaint can be submitted in any form:
    • In writing – by sending a complaint form (a sample of which is attached to the Regulations) by mail to the address of the Seller Faneco sp. z o.o. sp.k. Aleksandra Fredry 1/16 Street, 61-701 Poznan, Poland;
    • Electronically – by sending, as an attachment, a complaint form (its template is attached to the Regulations) to the e-mail address info@faneco.com.
  5. The Seller will confirm receipt of the complaint notification (if sent electronically – in the form of a return e-mail). Complaints of Consumers are processed immediately, no later than within 14 calendar days of receipt. The absence of a response from the Seller within the above period means that the complaint is considered legitimate and accepted for processing. Customers who are not Consumers will be informed of the Seller’s decision within a reasonable time.
  6. If the complaint is considered legitimate, the Seller will take appropriate action in accordance with applicable regulations:
    • If the advertised Goods are inconsistent with the contract (defective), the Consumer may demand their repair or replacement with a new one. The Seller may refuse to comply with the request for repair or replacement if it would be impossible or require excessive costs compared to another solution. In such a situation, the Consumer may demand an appropriate price reduction or, if the defect is material, withdraw from the contract and demand a refund of the price.
    • For Business Customers, the scope of rights for defects in Goods may be limited to the right to repair or replacement at the Seller’s option; alternatively, other claims will be considered on an individual basis under the Civil Code.
  7. If it is necessary to send the Goods back to the Seller in order to process the complaint (e.g., for expertise or repair), the Seller will instruct the Customer as to the method of shipment (in the case of a Consumer, the Seller will cover the shipping costs in the event of a justified complaint). If possible, the Seller may arrange collection of the advertised product from the Customer at its own expense.
  8. Once the complaint is accepted, the Seller:
    • Repair the Goods or deliver a new copy ( free of defects) to the Customer free of charge, within a reasonable time, without undue inconvenience to the Customer, or
    • If repair or replacement is not possible (e.g., due to lack of spare parts) or would be uneconomical, the Seller will return to the Customer the price paid for the advertised Goods or offer a replacement product with similar parameters (at the Customer’s choice). In the case of a price refund, the Seller will also give back the shipping costs, if they were incurred by the Customer.
  9. The Seller provides full after-sales service and makes every effort to ensure that the complaint process is carried out efficiently and with respect for the Customer’s rights. The Customer will be informed on an ongoing basis about the progress of the complaint procedure, including the shipment of repaired or replaced Goods or refunds. In case of questions or doubts about the complaint procedure, the Customer may contact Faneco Customer Service (contact details in the Contact section of the website).

Protection of personal data (RODO)

  1. The administrator of the personal data of Customers using the Platform (logged in) is Faneco sp. z o.o. sp.k. with registered office in Poznań (61-701) Aleksandra Fredry 1/16 Street, Poland. Contact with the administrator is possible at the above address or by email: info@faneco.com (or reklamacje@faneco.com for complaints).
  2. Customers’ personal data are processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 (RODO) and national data protection regulations. Providing personal data when registering an account and placing an order is voluntary, but necessary for the conclusion and execution of the sales contract (legal basis for processing: Article 6(1)(b) of RODO – necessity to execute the contract).
  3. Purposes of data processing: Customer data (such as first name, last name/company name, delivery address, tax ID, email address, telephone number) will be processed for the purpose of processing orders, delivery of Goods, handling complaints and maintaining the Customer’s account on the Platform. In addition, if the Customer gives separate consent, his/her data may be processed for marketing purposes (e.g. newsletter subscription) – however, this consent is not mandatory to make a purchase and may be withdrawn at any time.
  4. Recipients of data: Customer’s personal data may be transferred to third parties only in connection with the execution of the contract – this applies in particular to courier companies (to the extent necessary for delivery: name, surname/name, address, telephone) and payment operators (to the extent of execution of electronic payments). In addition, data may be entrusted to entities operating the IT system of the store or providing hosting, accounting, legal services, etc. – only on the basis of entrustment agreements and with the assurance of the application of appropriate data protection measures by these entities.
  5. Rights of data subjects: The customer has rights under the RODO, including:
    • The right to access your data and receive a copy of it,
    • The right to rectify (amend) your data,
    • The right to delete data (the so-called “right to be forgotten”),
    • The right to restrict data processing,
    • The right to data portability (to receive in a structured format and send to another controller),
    • The right to object to the processing of personal data – to the extent that the processing is based on the legitimate interests of the controller,
    • to the extent that processing is based on consent – the right to withdraw consent at any time (without affecting the lawfulness of processing performed prior to withdrawal of consent).
  6. In order to exercise its rights or obtain information regarding the processing of personal data, the Customer may contact the Seller (contact details indicated above). The Vendor will respond and take the requested actions without undue delay, no later than within the time limits provided by law.
  7. Customers’ personal data will be kept for no longer than necessary for the purposes indicated. In the case of data processed for the purpose of executing a contract – for the period of execution of the order, and then until the expiration of the statute of limitations for claims under the contract (and the period of mandatory retention of accounting records, if applicable). Data processed on the basis of consent (e.g., marketing) – until consent is withdrawn.
  8. Customers’ personal data are protected using appropriate organizational and technical measures, in accordance with applicable regulations, so as to ensure their confidentiality, integrity and accountability. The seller uses, among other things, SSL encrypted connections for the registration and login process, as well as other data security mechanisms in the store’s IT system.
  9. Complaint to the supervisory authority: If the processing of the Customer’s personal data is deemed to violate the provisions of RODO, the Customer has the right to file a complaint with the competent supervisory authority. In Poland, this authority is the President of the Office for Personal Data Protection (address: 2 Stawki Street, 00-193 Warsaw).

Final provisions

  1. These Regulations are effective as of January 1, 2025, and are available free of charge on the Platform website (under the “Regulations” tab). The Terms and Conditions may be recorded by the Client by printing, saving on media or downloading at any time from the website.
  2. The Seller reserves the right to change these Terms and Conditions for important legal or organizational reasons, e.g. changes in the law, changes in payment and delivery methods, expansion of the Platform’s functionality or product range. Customers will be informed of any change to the Terms and Conditions by information on the Platform website or by email (sent to the address assigned to the Customer’s account) at least 14 days before the changes take effect. Orders placed before the effective date of the changes are fulfilled on the basis of the Terms and Conditions in effect at the time the order is placed.
  3. In the event of non-acceptance of the new wording of the Terms and Conditions, the Client who is a registered user has the right to resign from further use of the Platform and request the deletion of the account. Use of the Platform after the effective date of the changes to the Regulations implies acceptance of the changes.
  4. Polish law shall apply to contracts for the sale of Goods on the Platform and to these Regulations. In particular, the provisions of the Civil Code, the Consumer Rights Act of May 30, 2014, and the provisions of the RODO and the Personal Data Protection Act apply to matters not regulated in the Regulations.
  5. Disputes arising from sales contracts concluded through the Platform will first be resolved amicably. If it is not possible to resolve the dispute amicably, the competent court to hear the case will be a common court of local jurisdiction in accordance with applicable regulations. In addition, the consumer has the option of using out-of-court means of complaint handling and claim resolution (ADR), including, for example, mediation or the assistance of the municipal/county consumer ombudsman, as well as the ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.
  6. These Regulations have been drawn up in the Polish language. If translations into other languages (for foreign users) are made available, the Polish version is the binding version.
  7. Any questions regarding these Terms and Conditions or the operation of the Platform should be directed to the Seller at the contact information indicated in the Seller Information section or through the contact form available on the website.

Appendix: Model withdrawal form

MODEL FORM FOR WITHDRAWAL FROM CONTRACT (B2B) – pdf

contract cancellation form template (B2B) – word

Warehouse Address: Faneco sp. z o.o. sp.k., 58 Fryderyka Chopina St., 38-300 Gorlice

E-mail: info@faneco.com

Attachment: sample complaint form

MODEL COMPLAINT FORM (B2B) – pdf

MODEL COMPLAINT FORM (B2B) – word

Warehouse Address: Faneco sp. z o.o. sp.k., 58 Fryderyka Chopina St., 38-300 Gorlice

E-mail: info@faneco.com