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Terms and Conditions

FOCH.net Online Store Terms and Conditions
These Terms and Conditions define the rules for concluding sales contracts through the store, containing the most important information about the Seller, the store, and Consumer rights.
TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Right of Withdrawal
§ 7 Exceptions to the Right of Withdrawal § 8 Complaints
§ 9 Personal Data
§ 10 Warnings
§ 11 Disclaimers
§ 12 PDF regulations link
§1 DEFINITIONS
Business Days – days from Monday to Friday, excluding public holidays. Account – a free feature of the Store (a service provided electronically), regulated by separate terms and conditions, through which the Buyer can create their own individual Account in the Store. Consumer – a Consumer within the meaning of the Civil Code. Buyer – any entity purchasing from the Store. Terms and Conditions – these terms and conditions. Store – an online store operating online at https://foch.net Seller – Marek Bodzioch, ul. Jerozolimska 12, Krakow 30-555 Poland, NIP (Taxpayer Identification Number): 6790175262, REGON (National Business Registry Number): 350042912
§2. CONTACT WITH THE SELLER
1. Postal address: ul. Jerozolimska 12, Krakow 30-555 Poland 2. E-mail address: mark@foch.net 3. Telephone: +48880844800 – The Seller does not guarantee fluent English communication.
§3. TECHNICAL REQUIREMENTS
1. For the Store to function properly, a Device with internet access and a working web browser that supports JavaScript and cookies is required. 2. To place an order in the Store, the Buyer must have an active email address.
§4. IN-STORE PURCHASES
1. Upon purchase, the Buyer receives an approximate delivery date. The delivery date is calculated from the time of payment. In the case of custom orders, the delivery date is delayed until the customer's correct measurements are received. The Seller will endeavor to ensure that the delivery time is no longer than 30 days.
2. Orders shipped outside the EU are shipped via FedEx. Shipments within the EU can also be shipped via other companies, such as DHL, DPD, GHL, UPS.
3. Product prices displayed in the Store are the total prices for the goods. Payment can be made in the Store by selecting one of 16 currencies. Product prices are converted automatically. The exchange rate is based on the National Bank of Poland's exchange rate table.
4. After selecting the item, select its size and then click the ADD TO CART button. The customer can purchase multiple items simultaneously. The Buyer then provides the address information necessary to complete the order.
5. The Customer is required to read and accept the Store Terms and Conditions and read the FAQ information. If the Customer places an order, it means they fully accept the Store Terms and Conditions.
6. The order is invalid and will not be processed if it has not been paid. The order is considered placed from the moment PayPal confirms payment.
7. The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their details with each subsequent order.
8. Confirmation of purchase is an invoice, or for customers in Poland, a receipt.
§5. PAYMENTS
1. Payments in the Store are made via PayPal. The Buyer does not need to be a PayPal user and can pay by card on the PayPal website. Order processing time is counted from the moment of payment.
§6 RIGHT OF WITHDRAWAL
1. The Consumer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Terms and Conditions, within 14 days without providing any reason.
2. The withdrawal period expires after 14 days from the date of receipt of the shipment.
3. To meet the withdrawal period, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal before the withdrawal period expires. The Buyer then has 14 days to return the goods.
4. If the goods are returned from outside the EU, the Seller will provide the Buyer with a CN22 customs declaration, which the Buyer must print and affix to the package. Failure to provide this declaration may result in the Seller not receiving the refund.
5. In the event of withdrawal from the contract, the Seller will refund the Consumer the full amount received from the Customer. The Consumer is responsible for the shipping costs. Refunds for the transaction are processed via PayPal.
6. If a Buyer from outside the EU incurred additional customs duties or local taxes, the seller will not refund these fees. The Buyer must request a refund from the institution that collected these fees.
§7 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
1. The right to withdraw from a distance contract does not apply to a consumer whose subject matter is a non-prefabricated item, manufactured according to the consumer's specifications, or intended to meet their individual needs. This rule should be interpreted to mean that only goods made in standard sizes and without any modifications may be returned. If the customer ordered a custom-made item or requested additional modifications, they lose the right to return it.
§8 COMPLAINTS
1. In the event of a defect in the goods, the buyer may file a complaint regarding the defective goods under the warranty or guarantee provided for in the Civil Code, provided a warranty has been granted.
2. Under the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code: request a price reduction, withdraw from the contract, request replacement of the item with a defect-free item, or request removal of the defect.
3. Complaints under the warranty should be submitted to the postal or e-mail address indicated in § 2 of the Terms and Conditions.
4. If it turns out that the complaint requires delivery of the goods to the Seller to resolve the complaint, the Buyer is obligated to deliver the goods, in the case of a Consumer at the Seller's expense, to the address indicated in § 2 of the Terms and Conditions. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Terms and Conditions. The Seller will review the complaint within 14 days. If the customer submits a complaint and it is approved, the Seller agrees to cover all costs associated with shipping the goods for repair or replacement and returning them to the customer.
5. Only the defect that existed at the time of receipt of the goods can be the basis for a complaint. If the buyer tore the clothing due to excessive force or improper handling, this means that the damage was caused by the buyer's fault and does not constitute grounds for accepting the complaint.
6. If the complaint procedure does not produce the expected result, the consumer may also use out-of-court complaint resolution and redress methods. Consumers may use, among others:
- Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance from the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for arbitration should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
- Free assistance from a municipal or district consumer ombudsman.
- The ODR online platform is available at: http://ec.europa.eu/consumers/odr/.
§9 PERSONAL DATA
1. Customers' personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR). The personal data controller is SILTER, 30-555 Kraków, Jerozolimska 12. Personal data are processed for the purpose of order fulfillment, invoicing, complaint handling, and – with the customer's consent – ​for marketing purposes. Every customer has the right to access their data, correct it, request its deletion or restriction of processing, and to file a complaint with the President of the Personal Data Protection Office. Detailed information regarding personal data protection can be found in the store's Privacy Policy.
§10 WARNINGS
1. Clothing made of natural rubber latex may cause allergies. People allergic to latex must refrain from using them. If you experience any symptoms that could be caused by an allergic reaction, you must immediately discontinue using clothing made of latex.
§11 DISCLAIMERS
1. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the terms and conditions. The contract is concluded for the time and for the purpose of fulfilling the order. 1. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the terms and conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
2. Nothing in these Terms and Conditions excludes or in any way limits the Consumer's rights under the law. If any provision of these Terms and Conditions is inconsistent with applicable law, it shall be deemed invalid.
3. The only binding text of these Terms and Conditions is the Polish text provided in PDF format. The Seller provides an English translation in the store, which is provided for guidance purposes, may not be accurate and does not constitute a basis for interpretation or legal claims.
§ 12 PDF regulations link§
The current text of the regulations in a PDF file PDF