Terms and conditions of electronic services for www.f-design.pl

Chapter 1

General provisions

§1
  1. These Regulations (hereinafter referred to as the Regulations) set out the technical terms and conditions for the provision of services electronically via the FDESIGN Website (www.fdesign-brand.com) in accordance with Article 8 of the UŚUDE, as well as the rules for the use of these services by Customers. The Customer is obliged to comply with the provisions of the Regulations.
  2. The activation of the relevant Service on the Website, including the submission of a complaint by e-mail, signifies the acceptance of the terms and conditions of the Terms and Conditions and the conclusion of an agreement for the provision of services by electronic means with the Service Provider without the need to draw up separate agreements. Use of the Website by the Customer implies acceptance of the provisions of the Terms and Conditions.
  3. The Regulations set out:
  • Types and scope of electronic services;
  • Terms and conditions for the provision of electronic services;
  • Terms and conditions for the conclusion and termination of contracts for the provision of electronic services;
  • Complaint procedure.

§2

  1. The following terms are defined in the Rules of Procedure:
    1. Customer(s) – a legal person, an organisational unit without legal personality, or a natural person of full legal age visiting the Website or using Provider’s Services in accordance with these Terms and Conditions;
    2. Service(s) – all services provided electronically by the Service Provider to Customers under the terms of these Terms and Conditions;
    3. Service provider – FERRO S.A. based in Skawina, ul. Przemysłowa 7, 32-050 Skawina, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Krakow – Śródmieście in Krakow, XII Economic Division of the National Court Register under KRS number: 0000289768, which is the administrator of the Website and the entity providing the Services.;
    4. Website – the website for Customers concerning the Provider’s premium brand products, i.e. the FDesign brand, operated by the Provider at the following addresshttps://www.f-design.pl;
    5. Web browser – a computer program that makes it possible to download and display web pages hosted on a web server;
    6. Telecommunications Act – Act of 16 July 2004. Telecommunications Law (t.j. Dz. U. z 2019 r. poz. 2460 z późn. zm.);
    7. UŚUDE – Act of 18 July 2002 on the provision of electronic services ( (t.j. Dz. U. z 2020 r. poz. 344).
    8. Cookies – so-called cookies, i.e. small files (usually text files) stored on the Customer’s terminal equipment (local disk of the computer, telephone, etc.) when using the Website and storing settings, preferences and information relating to the Customer’s use of the Website, such as the type of browser, etc.;
    9. Newsletter – an electronic newsletter sent to customers by e-mail after they have subscribed to it;
    10. Facebook – social network  www.facebook.com/FDESIGN-106335057865281 through which functions and services are made available in accordance with the portal’s terms and conditions;
    11. E-mail address  so-called email address enabling the transmission of Internet messages (electronic letters) via a computer network, including the Internet, consisting of a user ID, the @ sign and the domain name of the mail server;;
    12. ICT system – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network, as defined in the Telecommunications Law;
    13. Means of electronic communication – technical solutions, including ICT devices and software tools cooperating with them, enabling individual communication at a distance using data transmission between ICT systems, and in particular electronic mail.

Technical and Cookies requirements

§1

  1. In order to use the Website, it is necessary for the Client to have a device with access to the Internet and a correctly configured Internet browser, e.g. Google Chrome, Mozilla Firefox, Microsoft Internet Explorer. The Service Provider is not responsible for technical problems or limitations of the software or hardware used by the Client which prevent him from using certain Services. The Service Provider does not guarantee the correct operation of the Client’s ICT System and is not responsible for it.
  2. When using the Services, Cookies are stored on the Client’s local drive on the Client’s ICT system in order to ensure the proper functioning of the Website, to determine the Client’s regionalisation, to research the usefulness of the Website and for statistical purposes, e.g. research into the popularity of individual tabs and services. A prerequisite for the correct functioning of the Website Services is the correct configuration of the Internet Browser so that it can accept Cookies.
  3. The Customer may prevent Cookies from being stored on his/her end device by configuring the Internet Browser accordingly. The Customer may delete already stored Cookies from his/her terminal device by using the appropriate functions of the Internet Browser, other software/applications for this purpose. The methods for deleting Cookies in the various browsers can be found, among other things, at the following addresses:
  • Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
  • Mozilla Firefox: http://support.mozilla.org/pl/kb/usuwanie-ciasteczek,
  • Microsoft Internet Explorer: http://support.microsoft.com/kb/278835/pl,

By clicking on the button “I accept all cookies”, the Customer consents to the use of Cookies. If the Customer wishes to edit the Cookie settings, click on the “Cookie Settings” button.

  1. The Website uses both Cookies from the Administrator and Cookies from third parties, i.e. Google Ads, or Google Analytics, a web analytics service offered by Google Inc. Google Analytics uses Cookies that are stored on your computer and allow you to use the Website. Google uses the information sent to it to analyse, for the benefit of the Clients, the ways in which the Clients use the Website, to compile reports on Website activity, as well as to provide other services to the Provider related to the use of the Website and the Internet. In addition, Cookies will be used by the advertising networks of Google Inc. to display advertisements tailored to the way the Client uses the Website. If the Client does not wish to receive personalised advertisements, he or she can disable them using the Google Ads Preference (Personalisation) Manager according to the instructions available at the link: https://support.google.com/ads/answer/2662856?co=GENIE.Platform%3DAndroid&hl=pl
    The IP address identified by Google Analytics will not be combined with other data collected by Google. Google does not use the collected data to identify the customer nor does it combine this information to enable identification. Detailed information on data collection in connection with this service can be found at the link: https://www.google.com/intl/pl/policies/privacy/partners
  1. The website uses Cookie remarketing tools to target advertisements on Facebook (Facebook Pixel) and Google (Google Advertising Network).
  2. Third parties supporting the Service Provider in its operations, such as marketing agencies, PR agencies, may also use Google Analytics to analyse information from Google Ads and DoubleClick cookies for purely statistical purposes and to analyse the behaviour of Customers when using the Website.
  3. The Website contains social media plug-ins (Facebook, Instagram). When using the Website, the IP address of the device and the browser ID used by the Customer are transferred to social media providers. Service providers receive information that the Customer’s browser has displayed the Website, even if the Customer does not have a profile with a given service provider or is not logged in to it. In addition, clicking on social media plug-ins establishes a direct connection to the servers of social media providers, who may collect other data from the Customer’s device. The service provider has no influence on what data is collected by social media after clicking their button. More information on the principles of processing personal data by these entities, including your rights, can be found on the websites of these entities, e.g.Facebook Ireland Ltd., Irlandia („Facebook”):  https://pl-pl.facebook.com/privacy/explanation, zand information about how Facebook processes personal data for statistical purposes is available at the link: https://www.facebook.com/legal/terms/information_about_page_insights_data

Chapter 2

Types and scope of services provided

§4

  1. These Regulations cover the following Services:
        1. Sending the Newsletter based on registration (form);
        2. Submitting a complaint using the electronic application form (warranty), as well as sending a message with content other than complaints using the contact form;
        3. Using Facebook based on registration;
  1.  
  2. The current scope of Services offered to Customers is available on the Website.
  3. Due to the continuous development of the Services, their functional scope may change.
  4. Information about modifications is published on the Website and does not constitute a change to the Regulations.

§5

The Service Provider reserves the right to limit or change the Services for a specified or indefinite period. The Service Provider will inform about the planned reduction of the functional scope via an appropriate message on the Website.

Chapter 3

Conditions for concluding and terminating contracts

§6

  1. The Service Provider provides Services to its Customers to the extent and under the conditions specified in these Regulations.
  2. From the moment of using a given Service, each Customer is obliged to comply with the provisions of these Regulations..
  3. These Regulations constitute an integral part of the contracts for the provision of electronic services concluded by the Service Provider with its Customers.
  4. Each Customer may read the content of these Regulations in advance before using the Services on the Website.
  5. Starting to use the appropriate Service is tantamount to concluding an agreement with the Service Provider to use the given Service.
  6. The Customer is obliged to monitor the provided e-mail address on an ongoing basis, and in the event of its change, to immediately provide this information by sending a notification by e-mail to the Service Provider’s contact details. The e-mail address is a necessary form of identification of the Customer and will be used for all correspondence regarding the provision of Services between the Customer and the Service Provider.
  7. The agreement regarding the newsletter service is concluded for an indefinite period.
  8. The Service Agreement may be terminated by either Party at any time.

§7

  1. Commercial information is considered ordered if the Customer has agreed to receive such information by registering and providing an e-mail address in the Newsletter on the Website.
  2. The Service Provider is obliged to collect consents sent by customers to send commercial information electronically.
  3. The e-mail address is used to send only information ordered by the Customer.
  4. The Service Provider undertakes not to send illegal content within the meaning of Art. 8 section 3 point 2 letter b) the Act on the provision of electronic services.

Chapter 4

Personal data protection

§8

  1. The Service Provider applies the provisions of 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 (General Regulation on data protection, hereinafter referred to as “GDPR”), as well as the Act of May 10, 2018 on the protection of personal data. Detailed principles and purposes of the processing of personal data collected while using the Website are presented below.
  2. [Personal data administrator] the administrator of the Customer’s personal data is FERRO SA. You can contact the Service Provider via: e-mail: info@ferro.pl or in writing to the following address: FERRO SA, ul. Przemysłowa 7, 32-050 Skawina.

    [Data Protection Officer] the administrator has appointed a Data Protection Inspector. Contact with the Inspector is possible via:
    e-mail: iod@ferro.pl or in writing to the following address: FERRO SA, ul. Przemysłowa 7, 32-050 Skawina.
  1. [Purposes and legal basis for processing] personal data are processed in connection with the provision of various Services offered via the Website to Customers. The Service Provider each time determines the data that is necessary to provide a given Service.
  • Newsletter

As part of sending the newsletter, the Service Provider processes personal data in the form of the e-mail address provided by the Customer during registration. Providing data to receive the newsletter is voluntary, but necessary to subscribe to the newsletter. The Service Provider sends information about new products and events if the Customer has expressed consent, which may be withdrawn at any time – without affecting the lawfulness of the processing carried out before its withdrawal. The customer may unsubscribe from the Newsletter at any time by clicking the link contained in the received Newsletter or by sending a message to the e-mail address: info@f-design.pl.

Personal data collected during subscription to the newsletter are processed in order to send information regarding the Service Provider’s offer by e-mail as part of the newsletter. The legal basis for processing is the legitimate interest of the Service Provider (art. 6 ust. 1 lit. f GDPR), consisting in the possibility of sending the newsletter to interested persons in connection with the consent given to receive the newsletter.

  • Contact form

Using the contact form requires providing personal data necessary to contact the Customer and respond to his message (name, surname, e-mail address). The customer may provide other data to facilitate contact or message handling. Providing data marked as mandatory is required to accept and handle the message, and failure to provide it results in the inability to handle it. Providing other data is voluntary. Personal data is processed for the purpose of identifying the Customer, handling the Customer’s message sent via the contact form provided, and contacting the Customer for this purpose. The legal basis for processing is the need for processing to perform the contract for the provision of a service (art. 6 ust. 1 lit. b GDPR); and in the case of data that is not necessary to establish contact or handle messages – the legal basis for processing is the Customer’s consent (art. 6 ust. 1 lit. a GDPR);

  • Application form (guarantee)

Using the application form (warranty) requires providing personal data necessary to contact the Customer and consider complaints about FDesign products, based on the warranty granted by the Service Provider. For this purpose, the Service Provider collects the data indicated in the application (warranty) form available at www.f-design.pl/kontakt/. These are contact details such as: name, surname/company name, Customer’s e-mail address, Customer’s contact telephone number, address where the product is located, information about the product and its defects/faults. Providing data marked as mandatory is required to accept and handle complaints, and failure to provide them results in the inability to process the complaint. Providing such data is voluntary, but may be necessary to handle complaints about FDesign products. Personal data is processed for the purpose of providing services related to the warranty granted for FDesign products, including accepting and considering complaints and fulfilling the Service Provider’s obligations arising from this warranty, i.e. i) repair of the product, ii) replacement of the product with a new one or iii) refund of costs purchase of the product – which is intended to implement the warranty contract(art. 6 ust. 1 lit. b GDPR).

  • Social media

The Service Provider processes personal data of Customers (in accordance with Customer profiles on social networking sites) who visit its profiles on social media (Facebook, Instagram). In such a case, the data is processed in connection with maintaining profiles, including for the purpose of informing Customers about the Service Provider’s activity in the field of FDesign brand products, for statistical and analytical purposes. The legal basis for the processing of personal data by the Service Provider for this purpose is the legitimate interest of the Service Provider (art. 6 ust. 1 lit. GDPR), which involves promoting the FDesign brand and improving the quality of services provided.

In addition, Customer data may be processed in order to establish, pursue or defend claims related to the implementation of rights or obligations arising from e.g. guarantees, which is the legitimate interest of the Service Provider, which is the basis for data processing. (art. 6 ust. 1 lit. f) GDPR). Legal provisions require the Service Provider to keep accounting books and tax documentation. In such a case, the basis for data processing is the legal obligation imposed on the administrator (art. 6 ust. 1 lit. c) GDPR w zw. z art. 74 ust. 2 Accounting Act).

  1. [Recipients of personal data] The Service Provider may transfer Customers’ personal data to its service providers to whom it will commission services related to the processing of Customers’ personal data, e.g. IT support, hosting, suppliers responsible for operating IT and mailing systems used to handle complaints about FDesign products. In each case, entrusting personal data to other entities will be based on a personal data processing agreement compliant with the GDPR. In addition, the Service Provider may transfer personal data to commercial companies belonging to the Service Provider’s capital group (in the European Union).

Customers’ personal data may also be transferred to public authorities. This will only be the case where required by applicable law.

  1. [Personal data storage period] The period of personal data processing depends on the type of Service and the purpose of their processing. Customers’ personal data will be processed for the period necessary to achieve the purpose for which they were collected, i.e. for the period:
  • using the Website;
  • in the case of data collected via the contact form – the Service Provider conducts correspondence with the Customer regarding the Customer’s message/complaint. The Service Provider will process Customers’ personal data during the period of maintaining current business relations (e.g. answers to questions, exchange of correspondence, presentation of offers), and after the termination of the relationship for a period of one year. After this period, the Service Provider may contact the Customer to ask him about the possibility of further processing of personal data;;
  • in the case of data collected via the application form (warranty) – performance by the Service Provider of activities related to the recognition of complaints and completion of service activities to be carried out, and after considering the complaint for a period of one year;
  • in the case of processing personal data for the purposes of sending a newsletter – maintaining a newsletter or from the moment of withdrawing consent or reporting an effective objection to data processing.

The period of storage of personal data may be extended each time by the limitation period for claims of 3 years, if the processing of personal data is necessary to pursue any claims or defend against such claims by the Service Provider.

  1. [Rights related to the processing of personal data] In situations and under the terms specified in detail in Art. 15-22 GDPR, the Service Provider ensures that Customers exercise the following rights:the right to access your own personal data (copies thereof) and correct them;
  • the right to rectify incorrect personal data or complete incomplete data;
  • the right to request the deletion of personal data if:
  • the Customer’s personal data are no longer necessary for the purposes for which they were collected or processed;
  • the customer has withdrawn consent on which the processing was based and there is no other legal basis for the processing;
  • the Customer objects to the processing and there are no other legitimate grounds for processing by the Service Provider, or objects to processing for marketing purposes;
  • the Customer’s personal data were processed unlawfully;
  • the Customer’s personal data must be deleted in order to comply with the legal obligation provided for in European Union or Polish law.

The Customer’s right to request the deletion of personal data cannot be exercised to the extent that the Service Provider must continue to process this data to comply with a legal obligation, or if further processing is necessary to establish, pursue or defend the Service Provider’s claims.

  • the right to restrict the processing of personal data;
  • the right to transfer data – if it is lawful,
  • the Customer may demand that the provided personal data be returned or transferred to a third party

Customers have the right to object to data processing due to their special situation, to the extent that data processing is based on a legitimate interest. Customers have the right to object to the processing of their personal data for direct marketing purposes, including profiling related to direct marketing.

Customers have the right to withdraw consent at any time if the basis for processing is the Customer’s consent. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. The consequence of withdrawing consent will be the cessation of providing the Service

In order to exercise any of the above rights, please contact the Service Provider at the address indicated in point 2 of this paragraph. Additionally, you can unsubscribe from the newsletter service via the link included in each message from the Service Provider containing the newsletter.

  1. The Service Provider makes every effort to ensure the protection of Customers’ personal data in accordance with the provisions of applicable law. However, the Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if he considers that the processing of data by the Service Provider violates the provisions of the GDPR.
  2. The use of cookies does not allow downloading any personal and address data of the user or any confidential information from his computer. Cookies (and other similar technologies) are used by the Service Provider for purposes the implementation of which constitutes the legally justified interest of the Service Provider (Article 6(1)(f) of the GDPR), i.e. analytical and statistical analysis of the Website’s viewership, as well as adapting the content of the Website to Customer preferences. The legitimate interest of the Service Provider consists in conducting analyzes of Customers’ activity and preferences when using the Website in order to improve the functionalities used. Data collected using Cookie technology is processed in an automated manner, which enables the assessment of some factors relating to natural persons (e.g. analyzing subpage viewing, analyzing Website viewing). No significant decisions are made to Customers based on such collected data.
  3. The Service Provider reserves the right to collect IP addresses of visitors to the Website, which may be helpful in diagnosing technical problems with the IT System and creating statistical analyzes (e.g. determining from which regions the Website receives the most visits). Additionally, they may be useful in administering and improving the Website. IP addresses are collected anonymously, which means that they are not associated with any user data.

Chapter 5

Use of the Services

§9

  1. The website is available to customers 24 hours a day, 7 days a week. The Service Provider reserves the right to interrupt access to the Website due to the need to perform periodic maintenance.
  2. The time appropriate for the Website is the time appropriate for the territory of Poland.
  3. The Customer is obliged to check the correctness of the execution of the ordered instructions on an ongoing basis, and in the event of any irregularities, he is obliged to contact the Service Provider in accordance with the provisions of §12.

§10

  1. The Customer is obliged to comply with the prohibition on misusing means of electronic communication and the prohibition on providing the following content::
      1. causing disruption or overload of the Service Provider’s IT Systems or other entities directly or indirectly involved in the provision of Services;;
      2. violating the rights of third parties, generally accepted social norms or inconsistent with generally applicable laws, as well as any other illegal content;
      3. false, inaccurate or outdated information or Personal Data.
  2. The Service Provider does not control the Customer’s computer environment, but recommends that the Customer make sure before using the Website whether his computer environment is safe and compliant with the requirements. The Service Provider is not responsible for any possible consequences of not following the above recommendations.
  3. The service provider also recommends the use of antivirus programs. The Service Provider is not responsible for the operation of any destructive programs (e.g. viruses) in the Customer’s IT infrastructure.
  4. In special cases affecting the security or stability of the IT System, the Service Provider has the right to temporarily discontinue or limit the provision of Services, without prior notice and without carrying out work aimed at restoring the security and stability of the IT System.
  5. The Service Provider is not liable for any damage resulting from illegal use of the Website or the Services provided via it.

§11

  1. The Customer may resign from the Services at any time by submitting instructions to the Service Provider in this regard.
  2. The resignation referred to in section 1, is equivalent to the termination of the contract for the provision of Services, however, it does not constitute the termination of other contracts.

 

Chapter 6

Complaint procedure

§12

  1. The customer may submit inquiries, comments and complaints related to the Services provided:
      1. by phone: +48 12 256 21 00
      2. via e-mail at: info@ferro.pl
    2. Inquiries, comments and complaints should include the name and surname and exact address of the person submitting the complaint, as well as a detailed description and reason for the complaint.
    3. Inquiries, comments and complaints related to the provision of Services are considered as soon as possible (but no later than within 14 days from the date of receiving the inquiry, comment or complaint from the Customer), electronically or by telephone.

 

Chapter 7

Final Provisions

§13

    1. The Service Provider reserves the right to change the Regulations for important reasons. Important reasons are considered:
      1. Introduction of new legal provisions and repeal or amendment of legal provisions already in force;
      2. Adaptation to necessary changes introduced in the applicable IT System of the Service Provider;
      3. Changes in the Service Provider’s offer.
  1. WIn the event of changes to the Regulations, the Service Provider notifies all its Customers about the content of the changes in an appropriate message published on the Website.
  2. These Regulations are available on the Website.

§14

  1. The Service Provider is not liable for interruptions in the provision of Services resulting from failures or cases of malfunction of ICT Systems that are beyond the control and operation of the Service Provider..
  2. The Service Provider is not responsible for the inability to access the Services resulting from incorrect registration of the Customera.
  3. Any disputes arising between the Customer and the Service Provider in connection with the provision of Services via the Website will be resolved by the courts appropriate to the seat of the Service Provider. In the case of Customers who are consumers, the jurisdiction of the court is determined by the Code of Civil Procedure or other provisions of generally applicable law.
  4. In matters not regulated by these Regulations, the provisions shall apply UŚUDE, Telecommunications law, act of 4 february 1994 r. on copyright and related rights and the Act of 23 april 1964 r. Civil Code.