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Conditions of Use
Information about the Online Store
1. These regulations define the rules of sale via the Online Store operating at fixclima.eu;
2. The FixClima online store operates at fixclima.eu and is run by Fixclima Spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław at ul. Marszałka J.Piłsudskiego 74/320 Wrocław, entered into the register of entrepreneurs maintained by the District Court for the City of Wrocław, Commercial Division of the National Court Register under the KRS number 0000869190, with the NIP number 8971885703, with the REGON number 387512697.
3. Correspondence address: FIXCLIMA SP ZOO, ul. Marszałka J.Piłsudskiego 74/320, 50-020 Wrocław.
4. For the purposes of these Regulations, Fixclima spółka z ograniczoną odpowiedzialnością is hereinafter referred to as the "Company".
5. For the purposes of these Regulations, the Fixclima Online Store is hereinafter referred to as the Online Store. These Regulations, which constitute an integral part of the Transaction between the Customer and the Company, are made available in accordance with the requirements of art. 8 sec. 1 of the Act on the provision of services by electronic means (Journal of Laws No. 144 of 2002, item 1204, as amended), and at the same time (together with other documents prepared at the conclusion of the Transaction) constitute the fulfilment of the information obligation provided for in art. 12 sec. 1 and art. 18 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, consolidated text; Journal of Laws of 2017, item 683, 2361). Before placing an order, please read these regulations carefully. By making a purchase in the Online Store, the Customer accepts the provisions contained in these regulations.
Definitions
For the purposes of these regulations, the following words and expressions shall have the following meanings:
1. Website – the fixclima.eu website;
2. Online Store – an online sales service run by the Company based on the Website, within which Customers have the opportunity to purchase Goods;
3. Account – a set of information stored in the Online Store and in the Service Provider's IT system regarding a given User and the Orders placed by him/her and the Sales Agreements concluded, agreements for the provision of services within Products other than Goods, with the use of which the User may place Orders, conclude Sales Agreements, agreements for the provision of services within Products other than Goods or post Content;
4. Basket – an electronic form made available by the Service Provider in the Online Store, by means of which the User selects a Product in order to place an Order;
5. Product – a product offered to the Customer by the Company via the Online Store;
6. Consumer – a natural person who enters into a legal transaction with an entrepreneur that is not directly related to their business or professional activity, including purchasing Goods or using the Service, services within Products other than Goods, for purposes unrelated to their business or professional activity;
7. Customer – a natural person who uses the Website, including making a Transaction, or a legal person or organizational unit without legal personality, on whose behalf the Transaction is made;
8. Order – a statement by the Customer about the purchase of Goods offered by the Company via the Online Store, made by correctly filling out the form available on the Website, indicating, among other things, the Customer's data (as well as any data of the person acting on behalf of the Customer) and the Goods that the Customer intends to purchase from the Company via the Online Store;
9. Transaction – an agreement between the Customer and the Company, the subject of which is the purchase by the Customer of Goods from the Company in accordance with the provisions of these regulations, based on the Order placed by the Customer and confirmed by the Company;
10. Newsletter – information, including commercial information within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended);
11. Payment – the Customer's monetary payment made in connection with the Transaction;
12. PayPal – Payment intermediary executing fast payments for orders in the fixclima.eu store
13. PayU – Payment intermediary executing fast payments for orders in the fixclima.eu store
Terms of use of the website by the Customer
1. The purpose of using the Website by the Customer is to provide him with information about the offer of the Online Store and to enable him to place an Order and make a Transaction.
2. When providing his data as part of using the Websites, the Customer is obliged to provide true information. The Customer may not provide content that is against the law, in particular:
1) content that is generally considered offensive or contrary to good customs;
2) content containing false information;
3) content containing unwanted information (so-called spam);
4) content and/or files that may disrupt the proper functioning of the Site.
3. In the event of a breach of the above provisions by the Client, the Company may block the Client's access to the Site, block the Client's account, and notify the competent authorities of a suspected breach of the law. In addition, the Company may seek compensation for damage suffered as a result of the Client's unlawful actions, and at the same time shall not be liable for any damage suffered by the Client as a result of their actions inconsistent with this provision or other actions constituting a breach of the law.
4. The Company shall also not be liable for the execution of the Transaction in accordance with the information provided by the Client, if such information was untrue (which in particular concerns the delivery address, telephone number or e-mail address) and this affected the execution of the Transaction.
Parties to the transaction
1. The party making purchases in the Online Store is a natural person with full legal capacity or an entrepreneur (hereinafter referred to as the "Client").
2. The party making sales through the Online Store is Fixclima spółka z ograniczoną odpowiedzialnością (hereinafter referred to as the "Company").
3. The Online Store conducts retail sales only. Retail sales are understood as the sale of at most ten (10) identical or similar products.
Data protection and privacy policy
1. The Company is the Administrator of Personal Data of Online Store Customers in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended).
2. When registering in the Online Store, the Customer provides their personal data voluntarily.
3. The Company processes the Customer's personal data in order to fulfill the order. Providing personal data by the Customer is voluntary, but necessary to fulfill the order. In order to fulfill the order, the Company shares the Customer's personal data with other entities, such as courier companies, payment operators, insurers, auction services.
4. With the Customer's consent, the Company processes the Customer's personal data for marketing purposes.
5. The Client has the right to supplement, update, correct, discontinue processing, delete personal data if it is incomplete, outdated, untrue or has been collected in violation of the Act or is no longer necessary to achieve the purpose for which it was collected. Other rights and obligations of the Client in the scope of personal data are specified in the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended).
6. By subscribing to the Company's Newsletter, the Client consents to receiving commercial information within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
7. The Client may resign from receiving the Company's Newsletter at any time.
8. Data transmissions made via the Website are protected against access by unauthorized persons.
9. Detailed content of the Privacy Policy can be found on the website: Privacy Policy.
Products
1. The Online Store offers goods and services (hereinafter referred to as "Products").
2. Photos of Products are illustrative illustrations, which in some cases may differ from the actual appearance of the Product. However, this does not affect the properties of the Product.
3. Announcements, advertisements, price lists and other information posted on the Online Store website are considered, in case of doubt, not as an offer, but as an invitation to conclude a contract (Article 71 of the Civil Code).
4. Promotional, sale products or Products not included in the permanent offer of the Online Store are available in limited quantities. The fulfillment of an order for these Products depends on the order in which the order is received.
5. The Online Store reserves the right to withdraw some Products from the offer, in particular those that are not available from the manufacturers or distributors of the Company.
Prices
1. All prices presented by the Online Store are given in the following currencies: Polish złoty (PLN), US Dollar ($), Euro (€), British pound (£), Czech koruna (CZK).
2. The prices given include 23% value added tax (VAT).
3. The price of the Product does not include fees for delivering the Product to the Customer.
4. The Online Store reserves the right to change the price of the Products in the offer.
Order
1. The condition for placing an order for products offered by the online store is registration (in the case of a Customer who has never made a purchase or created an account in the Online Store before) and acceptance of the regulations together with other terms of sale and the Privacy Policy and clauses regarding the processing of personal data.
2. Orders in the Online Store can be placed 24 hours a day throughout the calendar year.
3. Orders placed on weekdays after 3:00 p.m., on Saturdays, Sundays and holidays will be processed the next business day.
4. The delivery of the order placed by the Customer is confirmed by an electronic message (e-mail) sent by the Online Store. This message is only information about the delivery of the electronic message to the online store server. The Online Store examines the placed order in terms of correctness and completeness.
5. The Online Store reserves the right to verify the order in cases raising justified concerns and when these Regulations are not observed. In such a situation, the Online Store may withdraw from the order within 14 days.
6. The Customer has the right to modify the order until the online store has confirmed the possibility, readiness and commencement of the order.
7. The Online Store confirms the possibility, readiness and commencement of the order by sending an electronic message (e-mail) to the Customer. The content of the placed order and the content of the Regulations accepted by the Customer constitute essential terms of the sales agreement and are available on the Customer's Account.
8. The Online Store will make every effort to ensure that the order processing time is convenient for the Customer. The order processing time depends on the availability of the Product and delivery dates. Details regarding order processing times can be found in the tab entitled "DELIVERY INFORMATION".
Payment
The online store offers various methods of payment for the order, visible during the order placement.
Refunds
All refunds are made automatically to the account indicated by the Customer in the withdrawal form (Appendix No. 1) within 14 days of delivery of the declaration of withdrawal from the contract. In the case of payment by bank transfer to the account, the payments will be returned to the account from which the transfer was made. In the case of payment by PayPal or credit card, the refund will be made to the associated PayPal account or credit card account. The Company may withhold the refund until the Goods are received or until the Company is provided with proof of their return, depending on which event occurs first.
Procedure for receiving the parcel from the courier
It is recommended that the Customer carefully inspect the parcel immediately after its delivery, before confirming its receipt to the courier, in order to determine any mechanical damage to the Product (its packaging). In the event of any mechanical damage to the Product (its packaging), it is recommended that the Customer request that the courier delivering the parcel prepare a protocol and sign the protocol. In particular, if the packaging of the parcel shows signs of damage, it is recommended that the Customer does not accept the parcel, and immediately notifies the Customer of the situation via the contact form.
Invoice
An invoice is issued for each order and sent with the parcel. Conditions for the consumer to withdraw from the contract for the sale of goods:
1. A consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a written declaration within 14 days from the date of delivery of the Product.
2. To effectively withdraw from the contract, it is enough to send a signed declaration of withdrawal from the contract to the Store (scan electronically to fixclima@wp.pl or in the original by post to the Store's address).
3. The return of the Goods should take place immediately, preferably together with sending the declaration of withdrawal, or separately - but no later than fourteen (14) days from the date of sending the declaration of withdrawal from the contract.
4. The original signed declaration of withdrawal from the contract should be attached to the shipment with the returned Product, unless such a declaration was previously sent by post or courier or submitted in person at the Company's registered office.
5. In the event of effective withdrawal from the contract, the contract is considered not concluded and the Consumer is released from all obligations.
6. The returned Product should be in an unchanged condition, unless the change was necessary to determine the nature, characteristics and functioning of the Product and did not exceed the customary accepted use of the Product.
7. The Consumer should return the Product in the same quantity and quality as received (subject to the previous sentence). In particular, the Product should be accompanied by all parts, accessories, instructions, terms of use and other documents received with the Product, as well as a document confirming the purchase. It is recommended that the returned Product be packed in the original packaging, unless it has been removed in order to determine the nature, characteristics and functioning of the Product and does not exceed the customary use of the Product. In such a case, it should be ensured that the Product is safely packed in order to avoid the risk of damage during transport. The parcel should be marked with the correct address of the Company before sending.
8. If the consumer has chosen a method of delivery of the goods other than the cheapest standard method of delivery offered by the Online Store, the Company is not obliged to refund the additional costs incurred by the consumer.
Complaints and statutory liability for product defects
1. The Company undertakes to deliver products free from defects. In the event of any defects in products ordered via the Online Store, the Company shall bear statutory liability under the warranty for defects, resulting from art. 556 and subsequent articles of the Act of 23 April 1964 - Civil Code.
2. A product complaint under the warranty may be filed within 2 years from the date of sale, if it turns out that the goods are damaged, incomplete, defective or not in accordance with the description.
3. The Store is obliged to consider all complaints submitted by the Customer regarding irregularities, faults or interruptions in the provision of Services and the functioning of the Online Store within a period not longer than 14 days, and in justified cases up to thirty (30) days. The provision regarding the extension of the response period to 30 days does not apply to complaints about Goods submitted by Customers who are Consumers.
4. A complaint may be submitted in one of the following ways:
- in electronic form via the contact form provided on the website of the online store,
- in electronic form via e-mail to the following address: sklep@fixclima.eu,
- in writing to the following address: ul. Marszałka J.Piłsudskiego 74/320, 50-020 Wrocław.
Conditions for filing a complaint:
1. When filing a complaint, the following must be presented:
a) proof of purchase of the product;
b) details of the complaint (what and why is subject to complaint, when the event complained about took place, circumstances justifying the complaint);
c) the complained product or its photos (in the case of large-sized goods).
2. If the Product purchased by the Customer has physical defects or is inconsistent with the contract, the Customer may return it to the following address: FIXCLIMA SP ZOO, ul. Marszałka J.Piłsudskiego 74/320, 50-020 Wrocław.
The Customer is obliged to immediately inform the Online Store about the product's non-compliance with the contract and send photos of the delivered product and describe what the non-compliance with the contract is. In the event of a justified complaint, it will be considered in accordance with the Customer's request within 14 days from the date of filing the complaint. The costs associated with the purchase of the complained product will be refunded immediately after the justified complaint is considered. In the event that the complaint is deemed unjustified, the shipping costs will be borne by the Customer.
3. Shipments sent back cash on delivery will not be accepted.
4. The Company is liable for physical defects of the Product that existed at the time of transfer of the risk to the Customer or resulted from a cause that was inherent in the Product at that time. In general, the following are not considered as defects attributable to the Company:
a) damage caused by ordinary, normal wear and tear of the Product;
b) mechanical damage to the Product;
c) damage caused by improper use of the Product, in particular poor maintenance, use in a manner inconsistent with its intended purpose or improper fit;
5. It is presumed that the defect or its cause existed at the time of transfer of the risk to the Consumer if the defect was found within one year from the date of delivery of the Goods;
6. Due to the protection provided to the Customer by the rights granted to him based on the institution of warranty, the Product is not covered by an additional guarantee.
Final Provisions
1. Disputes between the Customer and the Company resulting from the placed Order or the Transaction will be considered by a common court competent in accordance with the provisions of the Code of Civil Procedure.
2. The Customer who is a consumer within the meaning of the Civil Code has the possibility of using out-of-court methods of handling complaints and pursuing claims, including in particular the right to:
a) apply to the permanent consumer arbitration court operating at the Trade Inspection with a request to resolve the dispute resulting from the concluded sales agreement,
b) apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute with the entrepreneur,
c) obtaining free assistance in a dispute with an entrepreneur using the free assistance of a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection, including the Federation of Consumers, the Association of Polish Consumers.
3. In matters not regulated by these regulations, the provisions of generally applicable law shall apply, in particular: the provisions of the Civil Code and the provisions of specific acts, including the Act of 18 July 2002 on the provision of services by electronic means, the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product, the Act on specific conditions of consumer sale and on amending the Civil Code, as well as the Act on the protection of personal data.
4. These regulations may be amended by the Company by means of a declaration submitted on the Website and by electronic correspondence addressed to users of the Website who have their own account on the Website on the termination of the current provisions of the regulations covering the new content of the regulations or its individual provisions. The notice period (which is also the date of entry into force of new provisions of the regulations) will be determined by the Company, however it will not be shorter than 7 days from the date of submission by the Company of the notice of termination, in the form described in the preceding sentence. Any changes to the regulations shall not apply to Transactions already initiated by placing an Order. The Transaction shall be governed by the provisions of the regulations in force at the time of placing the Order.
5. These regulations shall apply from 01.01.2026.