Terms of service

Effective from July 10, 2024.

On this page, you can review the most current version of the Terms of service.
Please read them carefully before accessing or using the Website/Store.

 

Section 1 - Applied definitions

  1. Store - an online store available at www.fabricwanderland.com, through which the Buyer can make purchases of Goods available in the Store.
  2. Seller - civil law partnership MMXX J. Bonk M. Matysiak, at 2/31 Chmielna Street, 00-020 Warsaw, NIP: 525 282 09 23, REGON: 385902046, email address: contact@fabricwanderland.com, phone: +48792770299.
  3. Data administrator - the entity responsible for the personal data processing. The Seller is the administrator of the personal data of the Buyers.
  4. Terms of service - these terms of service for the provision of electronic services, specifying the rules for using the Store and placing Orders for Goods available in the Store.
  5. Privacy policy - a document describing the purposes and methods of processing personal data, as well as the rights of individuals whose data is concerned.
  6. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
  7. Client - an adult natural person with legal capacity, a legal person, or an organisational unit without legal personality, but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.
  8. Client-Consumer - an adult natural person making a purchase from the Seller directly related to their business activity, when the purchase does not have a professional nature for this person, arising in particular from the subject of the business activity carried out, made available by the CEIDG.
  9. Buyer - both the Client, Consumer, and Client-Consumer.
  10. Order - a declaration of intent submitted by the Buyer directly aiming to conclude a contract with the Seller by completing and submitting the electronic purchase form available on the Store's website, including reading the Terms of service and accepting its content.
  11. Goods - all movable items available in the Store.
  12. Product durability - the ability of the product to maintain its function and properties during normal use. 
  13. Complaint - the procedure for pursuing liability from the Seller for non-conformity of the Goods with the contract.
  14. Guarantee - a voluntary declaration on the quality of the Goods made by the Guarantor, indicating the obligations of the Guarantor and the rights of the Buyer in case the sold goods do not have the properties specified in the warranty statement. Warranty statements from the Guarantor will be included with the warranted goods.
  15. Guarantor - an entrepreneur who has made a warranty statement, e.g., manufacturer, importer, distributor of the Goods, or Seller.

 

Section 2 - General provisions

  1. The Store is hosted on the Shopify Inc. platform.
  2. The Seller has made every effort to display the colours and images of the Goods that appear in the Store as accurately as possible. However, the Seller cannot guarantee that the Buyer’s computer monitor’s display of any colour will be accurate.
  3. The prices provided by the Seller are expressed in euros (EUR) and are gross prices.
  4. The prices do not include delivery charges which are displayed before placing the Order at the checkout.
  5. The Seller does not apply individual price adjustment based on automated decision making.
  6. The Seller is a VAT taxpayer.
  7. The Seller issues individual invoices and VAT invoices.
  8. The desire to receive a VAT invoice must be reported to the Seller at the stage of placing the Order.
  9. The delivery of Goods is limited exclusively to the territory of Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Poland.
  10. The Buyer is obliged to use the Goods offered by the Seller in a manner consistent with the regulations applicable in the territory of Poland, in accordance with the provisions of the Terms of service, and not to provide content prohibited by universally applicable laws.
  11. The law applicable to these Terms of service is Polish law, unless there are provisions of universally applicable law in a European Union member state where the Consumer or Client-Consumer has their residence, which are more favourable to the Consumer or Client-Consumer. In such a case, they shall apply with priority over the provisions of Polish law.
  12. Any disputes with Consumers residing in the EU will be resolved through the ODR platform.
  13. All Goods offered by the Seller in the Store are new.
  14. The Buyer is obliged to familiarise themselves with the technical requirements necessary for using the Store, contained in the further part of the Terms of service - Technical Requirements.

 

Section 3 - Payment methods

  1. The Seller provides the following payment methods:
    • Online payment via external online payment system, i.e., PayPal (Europe) S.à r.l. et Cie, S.C.A., Société en Commandite par Actions with official headquarters at 22-24 Boulevard Royal, L-2449 Luxembourg, R.C.S. Luxembourg B 118 349. The PayPal Terms of service, defining the rules for making payments, are available to Customers on this website.
    • Payment by Visa, Mastercard, American Express cards, or Apple Pay via external payment system, i.e., Stripe, Inc., headquartered in San Francisco, CA 94103, United States, 510 Townsend St. The Stripe Terms of service, specifying the rules for making payments, are available to Customers on this website.

 

Section 4 - Conclusion of the sales agreement

  1. To make a purchase in the Store, you must go to the Store's website, i.e., https://fabricwanderland.com/collections/all, and then select the Goods, following the information displayed on the Store's website.
  2. To make a purchase, the Buyer must perform the following actions:
    • add the selected Goods to the cart,
    • fill in the order form (at the checkout) with data such as the Buyer's name or company name, delivery address, phone number,
    • provide the email address to which the confirmation of the sales agreement will be sent,
    • indicate the VAT invoicing details, if the Buyer wants to receive it, including providing other billing information, such as Tax Identification Number, name and address of the company to which the invoice is to be issued,
    • choose the payment method,
    • accept the Store's Terms of service,
    • confirm the intention to conclude the agreement, including selecting the "Order and pay" button or equivalent.
  3. After providing all the necessary data for placing the Order, a summary of the Order will be displayed.
  4. The Order placed by the Buyer is a declaration of the Buyer's intention to conclude a sales agreement with the Seller, in accordance with the provisions of these Terms of service.
  5. After placing the Order, the Buyer will receive a confirmation of the Order, which constitutes the Seller's declaration of intent to conclude a sales agreement with the Buyer covering the Goods. The sales agreement is considered concluded upon receipt of the message from the Seller by the Buyer.
  6. The Seller will provide the Buyer with confirmation of the distance sales agreement on a durable medium, in particular in the form of the Terms of service saved in PDF format, based on which the agreement was concluded, within a reasonable time after its conclusion, no later than at the time of delivery of the goods.

 

Section 5 - Order fulfilment and delivery of Goods

  1. The Seller fulfils placed Orders for Goods within a period of up to 5 working days, counting from the next day after the Seller receives the payment.
  2. Working days mean days from Monday to Friday, excluding statutory holidays.
  3. The Seller’s production and distribution partner is limited liability company APOZ, 1 Liliowa Street, 15-523 Grabówka, email: office@apoz.pl.
  4. The delivery time of Goods, which depends on the delivery address provided by the Buyer when placing the Order, is not included in the Order fulfilment period.
  5. The delivery costs of Goods are made available to the Buyer before placing the Order.
  6. The delivery cost is associated with the weight of the ordered Goods and the delivery address.
  7. The Buyer can choose the following delivery method: DPD Delivery - from 2.99 EUR, delivery time 1-5 days.
  8. The delivery of Goods is limited exclusively to the territory of Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Netherlands, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Poland.
  9. In the event that upon receipt of the Goods, the Buyer discovers mechanical damage to the contents of the shipment, incompleteness of the shipment, or inconsistency of the shipment contents with the subject of the Order, they are entitled to refuse acceptance of the shipment and immediately notify the Seller of the situation. If possible, the Buyer may draw up a damage report in the presence of the carrier's representative (e.g., courier). This will expedite the complaint process, but it is not necessary to assert claims.

 

Section 6 - Withdrawal from a distance contract

  1. The Consumer and the Client-Consumer have the right to withdraw from the distance contract without giving any reason and without incurring costs, except for the costs indicated in the further part of the Terms of service.
  2. Exceptions to the right of withdrawal from the contract have been indicated in the further part of the Terms of service, i.e., Exceptions to the right of withdrawal from the contract.
  3. The deadline for withdrawal from the distance contract is 14 days, counted from the day following the moment the Consumer or the Client-Consumer or a third party other than the carrier designated by them acquires the possession of the Goods.
  4. When the contract covers multiple goods that are delivered separately, in batches, or in parts, the withdrawal period is counted from the acquisition of the last goods, its batch, or part. If the contract involves the regular delivery of goods for a specified period, the withdrawal period is counted from the acquisition of the first of the goods.
  5. The Consumer or the Client-Consumer shall be liable for any diminished value of the Goods resulting from the use of the Goods beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
  6. The declaration of withdrawal from the contract can be sent to the email address of the Seller: support@fabricwanderland.com.
  7. The Consumer or the Client-Consumer may use the withdrawal form (wstaw link do formularza PDF) provided by the Seller or use Annex No. 2 to the Act of May 30, 2014, on consumer rights.
  8. The Consumer or the Client-Consumer may also draw up a handwritten statement of withdrawal from the contract, providing:
    • the identification and address details of the Consumer or the Client-Consumer,
    • the name or symbol of the returned Goods,
    • the date of receipt of the Goods by the Consumer or the Client-Consumer,
    • bank account number or other method of refunding the costs of the Goods by the Seller.
  9. The Seller shall promptly send confirmation of receipt of the declaration of withdrawal from the contract to the Consumer or the Client-Consumer at the email address provided by them.
  10. In the event of withdrawal from the contract, the contract is considered as not concluded.

 

Section 7 - Exceptions to the right of withdrawal from the contract

  1. In accordance with Article 38 of the Act of May 30, 2014, on Consumer Rights, the Consumer and the Client-Consumer do not have the right to withdraw from the contract in the following cases:
    • for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the provision began that after the entrepreneur has performed the service, the consumer will lose the right to withdraw from the contract;
    • where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the withdrawal period expires;
    • where the subject of the service is a non-prefabricated item made to the consumer’s specifications or serving to meet their individualised needs;
    • where the subject of the service is an item that deteriorates quickly or has a short shelf life;
    • where the subject of the service is an item delivered in a sealed package which, once opened, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery;
    • where the subject of the service is items that, after delivery, are inseparably combined with other items due to their nature;
    • where the subject of the service are alcoholic beverages, the price of which was agreed upon at the time of the contract of sale, and which can be delivered only after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
    • where the consumer expressly requested the entrepreneur to visit them for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or delivers items other than replacement parts necessary to perform the repair or maintenance, the right of withdrawal applies to the additional services or items;
    • where the subject of the service is audio or visual recordings or computer software delivered in a sealed package if the package was opened after delivery;
    • for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
    • concluded through a public auction;
    • for the provision of accommodation services, other than for residential purposes, the transport of goods, car rental, catering, or services related to leisure activities, entertainment, sports, or cultural events, if the contract specifies a day or period for the service;
    • for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the withdrawal period expired and after being informed by the entrepreneur of the loss of the right to withdraw from the contract.

 

Section 8 - Refund and return of Goods after withdrawal from a distance contract

  1. The Seller shall refund the monetary funds paid by the Consumer or the Client-Consumer within 14 days of receiving the Consumer's or the Consumer Client's statement of withdrawal from the contract, using the same payment method that the Consumer or the Client-Consumer used, unless the Consumer or the Client-Consumer agrees to a different method of refund.
  2. The Seller may withhold the refund of monetary funds received from the Consumer or the Client-Consumer until the Seller receives the Goods from the Consumer or the Client-Consumer or until the Consumer or the Client-Consumer provides proof of returning the Goods.
  3. Before shipping the Goods, the Consumer or the Client-Consumer should contact the seller to determine the return address. It may vary for different goods.

 

Section 9 - Refund of delivery costs upon withdrawal from a distance contract

  1. The Consumer or the Client-Consumer shall not bear the cost of return, except for the ordinary costs of returning the Goods to the Seller.
  2. The ordinary return costs incurred by the Consumer or the Client-Consumer include the cost of packaging for shipping and the postage fees for sending the shipment to the Seller's address.
  3. The Seller shall refund to the Consumer or the Client-Consumer the cost of delivering the Goods to the Customer or the Customer-Client calculated as the cheapest ordinary method of delivery available in the Seller's offer.
  4. The Seller shall not be obliged to refund the delivery cost of the Goods to the Consumer or the Client-Consumer in the following situations:
    • The Seller provided the Goods free of charge.
    • The Consumer or the Client-Consumer returns part of the ordered Goods, and the delivery costs were not calculated per item but for the entire Order.

 

Section 10 - Consumer rights in the event of non-conformity of Goods with the contract

  1. The Seller undertakes to deliver Goods in accordance with the contract.
  2. The Goods shall be deemed to be in conformity with the contract, in particular if:
    • its description, type, quantity, quality, completeness, and functionality remain consistent with the contract;
    • it is suitable for the purposes for which goods of this kind are usually used, taking into account the applicable legal provisions, technical standards, or good practices;
    • it is provided in such quantity and possesses such characteristics, including durability and safety, as are typical for goods of this kind.
  3. In the event of non-conformity of the Goods with the contract within a period of two years from the date of delivery of the Goods to the Consumer and the Client-Consumer, the Consumer and the Client-Consumer shall have the right to request the exchange or repair of the Goods, and in the event of impossibility or refusal to bring the Goods into conformity with the contract by exchange or repair, to request a reduction of the price or to withdraw from the sales contract of the Goods.
  4. Complaints can be lodged in any form. For evidentiary purposes, the Seller recommends that complaints regarding the Goods be sent in writing to the Seller's email address.
  5. Each complaint should contain at least:
    • full name, address including postal code,
    • name of the purchased Goods,
    • description of the complaint,
    • date of the manifestation of the non-conformity of the Goods with the contract,
    • confirmation of purchase from the Seller (depending on the circumstances, one of the following may be provided: proof of purchase, order number, payment confirmation, email confirming the acceptance of the Order by the Seller, etc.).
  6. The Seller will promptly consider the complaint, but no later than 14 days from the date of receipt, by sending a response to the address provided by the Consumer or Client-Consumer, including the email address, to allow them to review the Seller's position.
  7. The Seller shall refund the Consumer or the Client-Consumer the cost of returning the complained Goods immediately after accepting and considering the complaint due to non-conformity with the contract.
  8. The Seller shall be liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and revealed within two years from that time, unless the shelf life of the Goods, specified by the entrepreneur, his legal predecessors, or persons acting on their behalf, is longer.
  9. It is presumed that the lack of conformity of the Goods with the contract, which occurred before the expiry of two years from the delivery of the Goods, existed at the time of its delivery, unless proven otherwise or such presumption cannot be reconciled with the nature of the Goods or the nature of the lack of conformity of the Goods with the contract.
  10. The Seller shall carry out repairs or replacements within a reasonable time from the moment they were informed by the Consumer or the Client-Consumer of the lack of conformity with the contract, and without undue inconvenience to the Consumer or the Client-Consumer, taking into account the specificity of the Goods and the purpose for which the Goods were acquired.
  11. The costs of repair or replacement, including in particular postage, transport, labor, and materials costs, shall be borne by the Seller.
  12. The Consumer or the Client-Consumer shall make the Goods subject to repair or replacement available to the Seller.
  13. If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to bring the Goods into conformity with the contract.
  14. When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the significance of the lack of conformity of the Goods with the contract, the value of the Goods in accordance with the contract, and excessive inconveniences for the Consumer or the Client-Consumer resulting from the change in the method of bringing the Goods into conformity with the contract.
  15. The Seller shall not be liable for the lack of conformity of the Goods with the contract if they have clearly informed the Consumer or the Client-Consumer that a particular characteristic of the Goods deviates from the requirements of conformity with the contract, and the Consumer or the Client-Consumer, at the latest at the time of conclusion of the contract, has clearly and separately accepted the lack of a specific characteristic of the Goods, in particular by clicking the appropriate field confirming acceptance at the checkout or in the form of an email message sent to the Seller, confirming such acceptance.
  16. If the Goods are non-conforming to the contract, the Consumer or the Client-Consumer may submit a declaration of price reduction or withdrawal from the contract when:
    • the Seller refuses to bring the Goods into conformity with the contract due to impossibility or excessive costs,
    • the Seller does not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer,
    • the lack of conformity of the Goods with the contract persists despite the Seller's attempts to bring the Goods into conformity with the contract,
    • the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior repair or replacement, or from the statement of the Seller or the circumstances it clearly follows that they will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.
  17. The Seller shall reimburse the amounts due to the Consumer or the Client-Consumer as a result of the exercise of the right to reduce the price immediately, no later than within 14 days from the date of receiving the Consumer's statement on price reduction.
  18. The Consumer or the Client-Consumer cannot withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial.
  19. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Client-Consumer may withdraw from the contract only in relation to those Goods, as well as in relation to other goods purchased by the Consumer or the Client-Consumer along with the Goods non-conforming with the contract, if it cannot reasonably be expected that the Consumer or the Client-Consumer would agree to keep only the Goods conforming to the contract.
  20. In the event of withdrawal from the contract, the Consumer or the Consumer Client shall immediately return the Goods to the Seller at their own expense. The Seller shall refund the price to the Consumer or the Client-Consumer immediately, no later than within 14 days from the date of receiving the Goods or the proof of their return.
  21. The Seller shall make the refund using the same payment method as used by the Consumer or the Client-Consumer, unless the latter explicitly agrees to a different refund method that does not involve any costs for them.

 

Section 11 - Warranty

  1. Some Goods may be covered by a warranty provided by the Guarantor (manufacturer or distributor of the Goods).
  2. If a particular Good is covered by a warranty, it is accompanied by a warranty document provided by the manufacturer or distributor.
  3. The warranty period and the scope of the Guarantor's liability are specified in the warranty statement and the description of the Goods.
  4. Rights granted under the warranty are independent of the rights arising from the non-conformity of the Goods with the contract.

 

Section 12 - Protection of personal data

  1. The Seller is the Data administrator provided during the use of the Store.
  2. The Buyer's personal data is processed for the purpose of concluding and performing the sales contract, including the delivery of the Goods, based on art. 6(1)(b) of the GDPR. Providing personal data for this purpose is necessary.
  3. The purposes and scope of data processing, the entities to which the data will be transferred, and the rights of the data subjects have been described in the Privacy policy (GDPR) available on this website.

 

Section 13 - Technical requirements necessary to use the Store and its services

  1. To use the Store, the Buyer must have:
    • a device with internet access (computer, tablet, phone);
    • a properly configured web browser that supports cookies – Microsoft Edge, Opera, Mozilla Firefox, Safari, Google Chrome (Mozilla Firefox version 24.0 minimum recommended, Opera from version 10, Google Chrome version 28.0 or newer), which ensures cookie and JavaScript support; the use of other versions of web browsers is permissible if they provide full compatibility with the versions mentioned above;
    • an active and properly configured email account capable of receiving emails by the Buyer.
  2. For the security of using the Store, it is recommended that the device used by the Buyer has, in particular:
    • an up-to-date antivirus system,
    • an effective firewall,
    • installed system updates and internet browser updates related to security,
    • activated cookie acceptance and JavaScript functions in the web browser,
    • software enabling the reading of files in .PDF, .DOC, .XLS formats.
  3. The Seller is not responsible for the Buyer's failure to comply with the above-mentioned technical requirements necessary for cooperation with the tele-informatics system used. This particularly applies to cases where the Buyer has incorrectly configured or not configured an email account at all, resulting in emails from the Buyer not reaching the Seller or from the Seller not reaching the Buyer.

 

Section 14 - Contact form

  1. The Seller allows the Buyer to send inquiries to the Seller using a dedicated contact form available on the Store's website.
  2. Using the form by the Buyer is voluntary.
  3. In addition to the form, the Seller also provides the Buyer with a phone number and an email address on the Store's website, which the Buyer can use to effectively contact the Seller.
  4. The purposes and scope of data processing, the entities to which the data will be transferred, as well as the rights of the individuals whose data is processed, are described in the Privacy policy.

 

Section 15 - Economic copyrights

  1. The exclusive rights to the content provided within the Store, in particular copyright to photos, names, trademarks of the Store, including their graphic elements, software, and rights concerning databases, are legally protected and belong to the Seller or third parties with whom the Seller has entered into appropriate agreements.
  2. Copying or other forms of using any elements of the Website/Store without the Seller's consent are prohibited.
  3. In case of infringement of economic copyrights to photos, names, trademarks of the Store, including their graphic elements, software, and rights concerning databases, the person who committed the infringement (including the Buyer) will bear the liability provided by copyright law or intellectual property law.

 

Section 16 - ODR Platform

  1. The ODR (Online Dispute Resolution) platform is an interactive website for Consumers and Sellers who wish to resolve disputes out of court.
  2. The ODR platform is available here.
  3. Through the ODR platform, a Consumer residing in the EU, Norway, Iceland, or Liechtenstein can file a complaint regarding goods or services purchased online from a Seller based in the EU, Norway, Iceland, or Liechtenstein.
  4. Filing a complaint is done by completing an electronic form and finding the appropriate entity to handle the dispute resolution.
  5. All institutions listed on the platform have been verified to ensure they meet the appropriate regulations and are registered by national authorities. In the territory of Poland, this authority is the Office of Competition and Consumer Protection (UOKiK).

 

Section 17 - Final provisions

  1. In matters not regulated by these Terms of service, the relevant generally applicable provisions of Polish law shall apply.
  2. The place of performance of the service is, in particular, the designated place to which the Seller is obliged to send the Goods to the Buyer in accordance with the contract.
  3. The Consumer has the right to refer the dispute to an entity authorised for out-of-court consumer dispute resolution in accordance with the Act on Out-of-Court Consumer Dispute Resolution (Journal of Laws 2016.1823 of 2016.11.09), without prejudice to the possibility of bringing a lawsuit before a common court.
  4. Buyers can access the Terms of service free of charge at any time on the Store's website and may print it out.
  5. These Terms of service come into force on the day of their publication on the Seller's website.