TABLE OF CONTENTS:
- 1. GENERAL PROVISIONS
- 2. ELECTRONIC SERVICES IN THE ONLINE STORE
- 3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
- 4. METHODS AND DEADLINES FOR PAYMENT FOR THE GOODS
- 5. COSTS, METHODS, AND DEADLINE OF DELIVERY AND COLLECTION OF THE GOODS
- 6. GOODS COMPLAINTS
- 7. OUT-OF-COURT METHODS FOR DEALING WITH COMPLAINTS AND PURSUING CLAIMS, AS WELL AS ACCESS RULES TO THESE PROCEDURES
- 8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
- 9. PROVISIONS CONCERNING ENTREPRENEURS
- 10. ADDING REVIEWS ABOUT GOODS
- 11. USE OF PROMOTIONAL COUPONS AND DISCOUNT CODES
- 12. FINAL PROVISIONS
- 13. MODEL WITHDRAWAL FORM
- 14. WARRANTY CONDITIONS FOR THE RACE ROCK PRODUCT SERIES
The Online Store www.frogum.com cares about consumer rights. A consumer cannot waive the rights granted to them under the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights to which they are entitled under mandatory provisions of law, and any potential doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, those provisions shall prevail and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.frogum.com is run by FROGUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Grodzisk Mazowiecki (registered office and address for service: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000963251; the registry court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital in the amount of: PLN 390,000; NIP: 5291807370; REGON: 362379750, b2c@frogum.com, telephone number: +48 2222 82 808 and fax number: +48 2222 82 808.
1.2. These Regulations are addressed both to consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed exclusively to entrepreneurs).
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, within the scope, and based on the principles and grounds indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains rules concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Contact with the Seller is possible:
1.4.1 by correspondence to the registered office address: FROGUM sp. z o.o., ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
1.4.2 by e-mail to: b2c@frogum.com;
1.4.3 via the chat available on the website https://frogum.com;
1.4.4 by telephone via the helpline number: 22 22 82 808 (information on helpline working hours is available on the Online Store pages; call fee - as for a regular telephone call according to the tariff of the operator of the person initiating the connection).
1.5. Definitions:
1.5.1. BUSINESS DAY - one day from Monday to Friday, excluding public holidays.
1.5.2. REGISTRATION FORM - a form available in the Online Store enabling the creation of an Account.
1.5.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Goods to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.5.4. CUSTOMER - (1) a natural person having full legal capacity, and in cases provided for by universally binding regulations, also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the statute grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.5.5. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.5.6. CONSUMER - a natural person making a legal transaction with the Seller (including concluding a Sales Agreement) not directly related to their business or professional activity.
1.5.7. "My Garage" ACCOUNT - Electronic Service, a collection of resources in the ICT system of the Service Provider, designated by an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are gathered.
1.5.8. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Goods, novelties, and promotions in the Online Store.
1.5.9. PARA-CONSUMER - a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of their business activity made available on the basis of provisions on the Central Registration and Information on Business.
1.5.10. REGULATIONS - these regulations of the Online Store.
1.5.11. ONLINE STORE - the Service Provider's online store available at the internet address: www.frogum.com.
1.5.12. SELLER; SERVICE PROVIDER - FROGUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Grodzisk Mazowiecki (registered office and address for service: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000963251; registry court where the company's documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register; share capital: PLN 390,000; NIP: 5291807370; REGON: 362379750, b2c@frogum.com, telephone number: +48 22 724 38 03 and fax number: +48 22 724 38 03.
1.5.13. GOODS - a movable item available in the Online Store being the subject of a Sales Agreement between the Customer and the Seller.
1.5.14. SALES AGREEMENT - a sales agreement for Goods concluded or being concluded between the Customer and the Seller via the Online Store.
1.5.15. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.5.16. SERVICE RECIPIENT - (1) a natural person having full legal capacity, and in cases provided for by universally binding regulations, also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the statute grants legal capacity; - using or intending to use an Electronic Service.
1.5.17. CONSUMER RIGHTS ACT, ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).
1.5.18. ORDER - the Customer's declaration of intent submitted via the Order Form and aiming directly at concluding a Sales Agreement for Goods with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: "My Garage" Account, Order Form, and Newsletter.
2.1.1. "My Garage" Account - use of the Account is possible after the Service Recipient completes a total of two successive steps - (1) filling out the Registration Form, (2) clicking the "Create account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data: first name and last name, e-mail address, contact telephone number, and password.
2.1.1.1. The "My Garage" Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: b2c@frogum.com or in writing to: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Goods to the electronic basket in the Online Store. An Order is placed after the Customer completes a total of two successive steps - (1) after filling out the Order Form and (2) clicking the "Buy and pay" field on the Online Store website after filling out the Order Form - until this moment, there is a possibility of independent modification of entered data (to this end, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following Customer data: first name and last name/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number, and Sales Agreement data: Goods, quantity of Goods, place and method of delivery of Goods, payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP (tax identification number).
2.1.2.1. The Order Form Electronic Service is provided free of charge, is of a one-off nature, and terminates upon the placement of an Order via it or upon earlier cessation of placing an Order via it by the Service Recipient.
2.1.3. Newsletter - use of the Newsletter occurs after entering the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website, accepting the regulations and privacy policy by checking the appropriate checkbox, and confirming by clicking the button with the envelope icon. You can also subscribe to the Newsletter by checking the appropriate checkbox during account creation - upon creating an Account, the Service Recipient is signed up for the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: b2c@frogum.com or in writing to: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to e-mail; (3) web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, having regard to the respect for personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the factual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Goods complaint procedure indicated in points 6 and 7 of the Regulations) can be submitted by the Service Recipient, for example:
2.4.2 in writing to: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
2.4.3 in electronic form via e-mail to: b2c@frogum.com;
2.4.4. It is recommended that the Service Recipient provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Service Recipient's demand; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence are of a recommendation nature only and do not affect the effectiveness of complaints submitted with the omission of the recommended complaint description.
2.4.5. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order using the Order Form in the Online Store in accordance with point 3.3.1. of the Regulations.
3.2. In the case of Goods from the ProLine and RaceRock series ("PREMIUM GOODS"), it is possible to purchase a maximum of 3 pieces of each model of a given Premium Good in the Online Store at a time. If you wish to purchase a larger quantity of Premium Goods, the Customer is obliged to contact the Seller in advance, using one of the methods indicated in point 1.4. of the Regulations.
3.3. The price of the Goods visible on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Goods being the subject of the Order, as well as delivery costs (including transport, delivery, and postal services fees) and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, on the Online Store pages during the process of placing the Order, including at the time of expressing the Customer's will to be bound by the Sales Agreement.
3.4. In the event that information about a reduction in the price of the Goods is present in the Online Store, the displayed price before the reduction (e.g. "crossed-out" price or previous price presented in another way) is the lowest price of the given Goods that was in force in the Online Store during the 30-day period prior to the introduction of the reduction, with the proviso that if a given Good is offered for sale in a period shorter than 30 days, the price before the reduction is the lowest price of this Good that was in force in the Online Store during the period from the date of starting to offer this Good for sale to the date of introducing the reduction.
3.5. All FROGUM brand Goods are the Seller's own products and are not licensed goods.
3.6. Procedure for concluding a Sales Agreement in the Online Store using the Order Form:
3.6.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.6.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order, which contains at least the Seller's declarations of receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.7. Recording, securing, and making available to the Customer the content of the concluded Sales Agreement takes place by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.6.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the ICT system of the Seller's Online Store.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE GOODS
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon receipt of the shipment.
4.1.2. Payment by bank transfer to the Seller's bank account:
4.1.2.1. Bank: ING Bank Śląski S.A.
4.1.2.2. Account number: PL 67 1050 1025 1000 0090 3207 4537
4.1.3. Electronic payments and payment card payments via the Przelewy24.pl service - current possible payment methods are specified on the Online Store website in the "FAQ" tab under the point "What are the payment methods in the FroGum?" and on the website https://www.przelewy24.pl/metody-platnosci.
4.1.3.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via the Przelewy24.pl service. Electronic and payment card payment processing is operated by:
4.1.3.1.1. Przelewy24.pl - PayPro S.A. with its registered office in Poznań (registered office address: PayPro S.A. - ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000347935, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 476,300.00 fully paid up, NIP: 779-236-98-87.
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payments, or payment card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
5. COSTS, METHODS, AND DEADLINE OF DELIVERY AND COLLECTION OF THE GOODS
5.1. Delivery of the Goods is available within the territory of the Republic of Poland, Belgium, the Czech Republic, Estonia, the Netherlands, Lithuania, Latvia, Luxembourg, Germany, Slovakia, Hungary, Denmark, Sweden, Bulgaria, Croatia, Finland, Spain, Ireland, Portugal, Slovenia, and Italy.
5.2. Delivery of the Goods to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store pages in the "FAQ" tab in the point "Fast delivery - how long will I wait for the parcel and what is the cost of delivery?" and during the placement of the Order, including at the time of the Customer's expression of will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Goods:
5.3.1. Courier shipment, cash-on-delivery courier shipment.
5.3.2. Delivery to an Inpost parcel locker.
5.4. The deadline for delivery of the Goods to the Customer is up to 6 Business Days, unless a different deadline is specified in the description of a given Good or during the placement of the Order. In the case of Goods with different delivery deadlines, the delivery deadline is the longest specified deadline, which, however, cannot exceed 6 Business Days. The beginning of the delivery deadline of the Goods to the Customer is calculated as follows:
5.4.1. In the case of the Customer choosing the method of payment by bank transfer, electronic payments, or payment card - from the day of crediting the Seller's bank account or settlement account.
5.4.2. In the case of the Customer choosing cash on delivery - from the date of conclusion of the Sales Agreement.
6. GOODS COMPLAINTS
6.1. The basis and scope of the Seller's liability towards the Customer who is a Consumer or Para-Consumer, if the sold Goods are inconsistent with the Agreement, are defined by universally binding provisions of law, in particular the Consumer Rights Act.
[In connection with the provisions on warranty and liability for the lack of conformity of the Goods with the Agreement applicable from January 1, 2023, the Seller informs that contracts concluded before that date, including contracts concluded by Consumers or Para-Consumers, are governed by the previous provisions of the Civil Code on warranty, i.e., provisions in force before January 1, 2023.]
6.2. The Seller is obliged to deliver Goods consistent with the Agreement to the Customer who is a Consumer or Para-Consumer. Detailed information regarding the Seller's liability for the lack of conformity of the Goods with the Agreement and the rights of the Customer who is a Consumer or Para-Consumer are specified on the Online Store website in the "FAQ" tab under the point "How to make a complaint?" and in the "Returns and complaints" tab.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
6.3.2. in electronic form via e-mail to: b2c@frogum.com;
6.4. The complaint should contain: (1) data of the person submitting the complaint (first name and last name, correspondence address or e-mail, optionally contact telephone number); (2) information and circumstances regarding the subject of the complaint, in particular, where possible, the type and date of occurrence of the defect; (3) where possible, a request for the method of bringing the Goods into conformity with the Sales Agreement.
6.5. It is recommended to attach photographs showing the inconsistency of the Goods with the Agreement to the complaint, if possible. Sending such photographs to the Seller may allow for the positive consideration of certain complaints without the need - depending on the request of the Customer who is a Consumer or Para-Consumer and the basis of the complaint - for the Seller to collect the Goods inconsistent with the Agreement from the Customer who is a Consumer or Para-Consumer, or for the Customer who is a Consumer or Para-Consumer to return the Goods inconsistent with the Agreement to the Seller.
6.6. The Seller shall respond to the complaint of the Customer who is a Consumer or Para-Consumer immediately, no later than within 14 calendar days from the date of its submission. The Seller shall notify the person submitting the complaint about the method of considering the complaint by letter sent to the address provided in the complaint or by e-mail - depending on the method of submitting the complaint.
6.7. Taking into account the option that can be voluntarily used in accordance with section 6.5. above, the Customer who is a Consumer or Para-Consumer makes the Goods inconsistent with the Agreement, subject to repair or replacement, available to the Seller. The Seller collects the Goods from such a Customer at its own expense. The details of collecting the Goods are agreed individually within a given complaint.
6.8. Taking into account the option that can be voluntarily used in accordance with section 6.5. above, in the event of withdrawal from the Agreement due to the inconsistency of the Goods with the Agreement, the Customer who is a Consumer or Para-Consumer immediately returns the Goods to the Seller at the Seller's expense.
6.9. The Seller shall refund the amount to the Customer who is a Consumer or Para-Consumer immediately, no later than within 14 days from the date of receiving the Goods or proof of their return shipment.
6.10. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for defects in the Goods towards a Customer who is not a Consumer or Para-Consumer is excluded.
7. OUT-OF-COURT METHODS FOR DEALING WITH COMPLAINTS AND PURSUING CLAIMS, AS WELL AS ACCESS RULES TO THESE PROCEDURES
7.1. Detailed information regarding the possibility for a Customer who is a consumer to use out-of-court methods for dealing with complaints and pursuing claims, as well as access rules to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. A contact point operates under the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The Consumer has the following exemplary opportunities to use out-of-court methods for dealing with complaints and pursuing claims: (1) a request to resolve a dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court resolution of a dispute to the voivodeship Trade Inspection inspector (more information on the website of the inspector competent due to the place of business activity performed by the Seller); and (3) assistance from a poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g., Consumers' Federation, Association of Polish Consumers). Advice is provided, among other ways, via e-mail at porady@dlakonsumentow.pl and under the consumer helpline number 801 440 220 (helpline active on Business Days, from 8:00 to 18:00, call fee according to operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr, an online platform for dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform constitutes an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or service contract (more information on the platform's own website or at the internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A Customer who is a Consumer, as well as a Customer who is a Para-Consumer, who has concluded a distance contract, may withdraw from it within 30 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the Contract may be submitted, for example:
8.1.1. in writing to: ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki;
8.1.2. in electronic form via e-mail to: b2c@frogum.com;
8.2. An exemplary template of the withdrawal form is included in attachment no. 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Returns policy" tab. The Consumer may use the model form, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a Contract in execution of which the Seller delivers the Goods, being obliged to transfer their ownership (e.g. Sales Agreement) - from taking possession of the Goods by the Consumer or Para-Consumer or a third party indicated by them other than the carrier, and in the case of a Contract which: (1) includes many Goods that are delivered separately, in batches, or in parts - from taking possession of the last Good, batch, or part, or (2) consists in regular delivery of Goods for a designated period - from taking possession of the first of the Goods;
8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered unconcluded.
8.5. The Seller is obliged to return immediately, no later than within 14 calendar days from the date of receipt of the Consumer's or Para-Consumer's statement of withdrawal from the Contract, all payments made by them, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Consumer or Para-Consumer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall refund the payment using the same payment method used by the Consumer or Para-Consumer, unless the Consumer or Para-Consumer has expressly agreed to a different return method that does not involve any costs for them. If the Seller has not offered to collect the Goods from the Consumer or Para-Consumer themselves, they may withhold the refund of payments received from the Consumer or Para-Consumer until receipt of the Goods back or delivery of proof of their return shipment by the Consumer or Para-Consumer, depending on which event occurs first.
8.6. The Consumer or Para-Consumer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller to collect them immediately, no later than within 14 calendar days from the day on which they withdrew from the Contract, unless the Seller offered to collect the Goods themselves. To meet the deadline, it is sufficient to send back the Goods before its expiry. The Consumer or Para-Consumer may return the Goods to the address: Frogum Sp. z o.o. Moszna Parcela 29/ Hala C0, 05-840 Moszna Parcela.
8.7. The Consumer or Para-Consumer is liable for any reduction in the value of the Goods resulting from the use of the Goods in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
8.8. Possible costs related to the withdrawal from the Contract by the Consumer or Para-Consumer which the Consumer or Para-Consumer is obliged to bear:
8.8.1. If the Consumer or Para-Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery available in the Online Store, the Seller is not obliged to refund additional costs incurred by the Consumer or Para-Consumer.
8.8.2. The Consumer or Para-Consumer bears the direct costs of returning the Goods.
8.8.3. In the case of Goods being a service, the performance of which - at the express request of the Consumer or Para-Consumer - began before the expiry of the deadline for withdrawal from the Contract, the Consumer or Para-Consumer who exercises the right to withdraw from the Contract after making such a request is obliged to pay for services performed up to the moment of withdrawal from the Contract. The amount of payment is calculated in proportion to the scope of the performance provided, taking into account the price or remuneration agreed in the Contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9. If a product was attached to the order as a free item, the Customer who is a Consumer or Para-Consumer is obliged to return the entire order, including this free item. In the event of failure to return the free item, the refund amount will be reduced by the value of the product attached to the order.
8.10. In the case of ordering a set of products and returning only a part of it, the Customer who is a Consumer or Para-Consumer loses the right to the discount. In this case, the refund amount will be reduced by the difference between the price of the product in the set and the price of the product without the set.
8.11. The right of withdrawal from a distance contract referred to above does not apply to the Consumer or Para-Consumer in cases referred to in Article 38 section 1 points 1-14 of the Act, i.e., inter alia, in relation to contracts: (1) for the provision of services for which the Consumer or Para-Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer or Para-Consumer, who was informed before the commencement of the performance that after the performance by the Seller they will lose the right to withdraw from the Contract, and acknowledged this; (2) in which the subject of the performance is a non-prefabricated good, manufactured according to the specifications of the Consumer or Para-Consumer or serving to satisfy their individualized needs; (3) in which the subject of the performance is a good delivered in a sealed package which, after opening the package, cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; (4) in which the subject of the performance are goods which, after delivery, due to their nature, are inseparably connected with other things; (5) in which the Consumer or Para-Consumer expressly requested the Seller to come to them for the purpose of urgent repair or maintenance; if the Seller provides services additionally other than those requested by the Consumer or Para-Consumer, or delivers goods other than spare parts necessary to perform repair or maintenance, the right of withdrawal from the Contract applies to the Consumer or Para-Consumer in relation to additional services or goods; (6) for the provision of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract designates the day or period of service provision.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9. of the Regulations and all provisions contained herein are addressed to and thus bind exclusively a Customer or Service Recipient who is neither a Consumer nor a Para-Consumer.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit available payment methods, including requiring advance payment in full or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the paid price and delivery costs under the Sales Agreement, however, not more than up to the amount of one thousand PLN. The financial limitation referred to in the preceding sentence applies to any claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or claims not related to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for a delay in the transport of the shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court competent for the seat of the Seller/Service Provider.
10. ADDING REVIEWS ABOUT GOODS
10.1. The Seller verifies reviews about Goods posted in the Online Store in the manner described below.
10.2. Only Customers who have created a "My Garage" Account in the Online Store and purchased a given Good after logging in have the right to add reviews about purchased Goods.
10.3. In order to add a review about a purchased Good, the Customer should log in to their "My Garage" Account.
10.4. Then, go to the Good's card and press the "Add review" button in the Customer reviews section. The "Add review" button is visible only to Customers who have previously purchased a given Good in the Online Store.
10.5. After the text window appears, write the content of the review. After finishing writing the review, press the [Send review] button. After pressing this button, the review will appear on the Online Store website.
11. USE OF PROMOTIONAL COUPONS AND DISCOUNT CODES
11.1. The issuance of promotional and discount codes is entirely voluntary for us and serves advertising purposes. Our coupons cannot be bought or sold. Coupon codes apply only to those goods and/or basket values that meet the coupon conditions specified below. We reserve the right to exclude certain brands, product categories, or individual items from the promotion. The coupon code should be used by the customer during the order placement process by filling in the appropriate code in the basket before proceeding to payment and order realization. We are not obliged to retroactively recognize or pay out the promotional amount. We reserve the right to exclude certain users from the above offers.
11.2. Conditions of the 5% coupon for newsletter subscription:
11.2.1 The promotion applies to orders placed via the website www.frogum.com
11.2.2 The promotion does not combine with other discount codes and does not apply to discounted goods; it applies to all items.
11.2.3 The value of the coupon is 5%
11.2.4 The discount code is issued indefinitely.
11.2.5 The discount does not cover delivery costs, only the cost of purchased goods.
11.2.6 The discount is valid only at the time of order; there is no possibility of granting a discount retroactively for an already placed order.
11.2.7 The discount code is granted to each user once. This means that after finalizing the order, the code is considered used by the user. Thus, there is no possibility of its reuse even in the event of cancellation of the original order.
11.2.8 Any complaints regarding product defects or returns for purchases made using a Discount Code will be considered under the general conditions specified in the Store Regulations.
11.3. Conditions of the "THX10 DISCOUNT CODE" promotional campaign
11.3.1 The discount code can be used only for orders placed via the website www.frogum.com
11.3.2. The code does not combine with other discount codes, promotions, or markdowns in force in the Online Store
11.3.3. The promotion applies to FroGum floor mats and trunk mats, excluding products of the Race Rock series and excluding goods from other manufacturers
11.3.4. The campaign lasts from 05.08.2026 at 00:00 to 31.08.2026 at 23:59. The possibility to use the Campaign is determined by the date and time of effective order placement registered by the ICT system of the Online Store. There is no possibility of granting a discount retroactively for an already placed order
11.3.5. The value of the coupon is 10%
11.3.6. The discount is calculated from the total current gross selling price of products covered by the code and does not include delivery costs
11.3.7. The condition for obtaining the discount is entering the code received in the e-mail in the designated field in the basket before placing the order
11.3.8. The discount code is granted to each user once. This means that after finalizing the order, the code is considered used by the user. Thus, there is no possibility of its reuse even in the event of cancellation of the original order
11.3.9 Any complaints regarding product defects or returns for purchases made using a Discount Code will be considered under the general conditions specified in the Store Regulations
11.3.10 The discount is not exchangeable for cash, other payment means, or any other equivalent
11.4. Conditions for granting special discounts
11.4.1. Granting special discounts for purchases in the FroGum Premium Moto Shop is voluntary for us. The amount of discounts is agreed individually with the user. Discounts apply only to those goods and/or basket values that meet the conditions agreed individually with the user. We reserve the right to exclude certain brands, product categories, or individual items from the promotion.
11.4.2. The discount is visible in the form of a lower product price visible on the product card after logging into the account of the user who has been granted a special discount.
11.4.3. The condition for using the discount is placing an order for the product at a reduced price as a logged-in user who has been granted the discount. By placing an order, the user confirms acceptance of the final price. In case of problems with displaying the special price, the error should be reported to the store customer service before placing the order.
11.4.4. We are not obliged to retroactively recognize or pay out the promotional amount.
11.4.5. We reserve the right to withdraw special discounts.
11.5. Conditions for granting special discounts
11.5.1. Granting special discounts for purchases in the FroGum Premium Moto Shop is voluntary for us. The amount of discounts is agreed individually with the user. Discounts apply only to those goods and/or basket values that meet the conditions agreed individually with the user. We reserve the right to exclude certain brands, product categories, or individual items from the promotion.
11.5.2. The discount is visible in the form of a lower product price visible on the product card after logging into the account of the user who has been granted a special discount.
11.5.3. The condition for using the discount is placing an order for the product at a reduced price as a logged-in user who has been granted the discount. By placing an order, the user confirms acceptance of the final price. In case of problems with displaying the special price, the error should be reported to the store customer service before placing the order.
11.5.4. We are not obliged to retroactively recognize or pay out the promotional amount.
11.5.5. We reserve the right to withdraw special discounts.
12. FINAL PROVISIONS
12.1. Agreements concluded via the Online Store are concluded in the Polish language.
12.2. Amendment of the Regulations:
12.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, to the extent that these changes affect the implementation of the provisions of these Regulations, i.e.: changes in provisions of law or their interpretation applied by courts or public authority bodies; issuance of a ruling, decision, recommendation, or other similar act by a court or authorized public authority body; expansion of the assortment of Goods with Goods subject to specific legal regulations requiring their inclusion in the Regulations; addition of new online sales channels run by the Online Store (e.g., mobile application); introduction of promotional activities in the Online Store; prevention of violations of the Regulations or counteracting abuses; removal of any mistakes, errors, ambiguities, or interpretive doubts regarding the content of the Regulations; changes in the procedure of registration, conclusion of the Agreement, or the process of placing, modifying, or canceling Orders; change in the functionality of the Online Store; changes in names, addresses, links, or company data indicated in the content of the Regulations; necessity of updating technical requirements or security standards indicated in the content of the Regulations; improvement of User service; changes in payment and delivery methods.
12.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g., provision of the Electronic Service - Account), the amended Regulations bind the Service Recipient if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in current ones, the Service Recipient has the right to withdraw from the contract.
12.2.3. In the event of concluding contracts of a different character than continuous contracts on the basis of these Regulations (e.g., Sales Agreement), amendments to the Regulations shall not in any way violate the acquired rights of Service Recipients/Customers before the effective date of the amendments to the Regulations; in particular, amendments to the Regulations shall not affect Orders already placed or being placed and Sales Agreements concluded, implemented, or performed.
12.3. In matters not regulated in these Regulations, universally binding provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); the Consumer Rights Act; and other relevant provisions of universally binding law.
13. MODEL WITHDRAWAL FORM
(ATTACHMENT NUMBER 2 TO THE CONSUMER RIGHTS ACT)
(this form should be filled out and sent back only in the event of wishing to withdraw from the contract)
Addressee:
FROGUM Spółka z Ograniczoną Odpowiedzialnością
ul. Cieszyńska 22, 05-825 Grodzisk Mazowiecki
frogum.com
b2c@frogum.com
– I/We (*) hereby inform about my/our (*) withdrawal from the sales contract of the following items: ___________.
– Date of contract conclusion / order placement: ___________.
– First name and last name of the consumer(s): ___________.
– Address of the consumer(s): ___________.
– Signature of the consumer(s) (only if the form is sent in paper version): ___________.
– Date: ___________.
You can use the ready-made form:
Download Return Form (PDF)
14. WARRANTY CONDITIONS FOR THE RACE ROCK PRODUCT SERIES
§ 1 GENERAL PROVISIONS
1) The Guarantor grants a 5-year warranty for the proper operation of floor mats from the Race Rock series offered by the Guarantor, regardless of the sales channel (stationary or electronically via the Guarantor's online store or the Guarantor's marketplace sales, as well as wholesale sales made electronically (e-mail) or via sales platforms intended for wholesale Customers), calculated from the invoice- or receipt-documented date of purchase of such floor mat.
2) The warranty is valid within the territory of the European Union.
3) The following are covered by this warranty:
a) any permanent deformations of the product,
b) any surface abrasions of the product,
c) any cracks in the material from which the product is made,
d) any fading of the product,
e) any damage to the product resulting from the action of water,
f) any damage to the product resulting from the action of temperature within the range provided by the product manufacturer.
4) Under the warranty, the customer has the right to a free replacement of the defective product with a new one or another with parameters as close as possible within the same vehicle model. If for any reason replacement with the same new copy of the product is not justified (too long waiting time, model withdrawal, etc.), the Guarantor may decide to refund the price. In each case, the validity of the warranty claim is decided by the Guarantor after its thorough analysis. The Guarantor does not repair products, but only replaces them with new ones, after prior consideration of the warranty claim.
5) In the event of noticing any damage or irregularities related to the product, you should:
a) immediately stop using it,
b) carefully dismantle the product from the vehicle in which it was used,
c) prevent unauthorized access to the product,
d) immediately inform the Guarantor.
6) If you wish to use the warranty, you should first inform the Guarantor of this fact using the communication channels indicated below. Shipments with products returned under the warranty claim sent in the "cash on delivery" payment option will not be accepted.
7) Failure to meet the conditions indicated above will result in the loss of the warranty in the event of failure to immediately inform the Guarantor about the damage.
§ 2 SUBMISSION OF WARRANTY CLAIMS
1) In order to make a warranty claim, the Guarantor should be informed about the observed defects, documented in order to verify reservations, without the need to return the product to the Guarantor. Additionally, presenting proof of purchase, i.e., a receipt, invoice, or invoice number, is required for the warranty claim.
2) The claim can be made in electronic form to the Guarantor's e-mail address provided on its website: frogum.com, using the dedicated complaint form posted on the Guarantor's website, or in writing to the address provided above. In the case of products purchased as part of wholesale cooperation, claims should be directed exclusively in electronic form to the e-mail address: complaints@frogum.pl.
3) The Guarantor shall take a position on the claim and inform the customer who is a consumer about further proceedings within 14 business days from the date of receiving the complaint. In the case of customers who are not consumers, this period is 30 business days. The Guarantor shall immediately notify the person submitting the claim in writing or via e-mail to the e-mail address provided in the claim about the result of considering the claim.
4) If necessary, the transport of the product covered by the claim for the purpose of assessing its condition to the Guarantor's seat takes place at the Guarantor's expense via the shipping form indicated by them. In some cases, it is not necessary to send the claimed product, and the Guarantor may limit themselves to inspecting photos provided by the customer, about which they will inform them after receiving the claim.
5) The warranty claim will be rejected if the claim form does not describe what defects occurred in the product. In such a case, the claimant will be called upon once by the Guarantor to supplement this information. In the absence of supplementation, the claim will be rejected.
6) In the event of the necessity to send the product to the Guarantor, it must be thoroughly cleaned beforehand and properly secured for transport.
§ 3 EXCLUSIONS
1) THE WARRANTY DOES NOT COVER:
a) damage caused by improper operation of the product inconsistent with the instructions,
b) damage resulting from the lack of ongoing and periodic maintenance or its improper performance,
c) damage resulting from repairs or adjustments made independently by the user.
d) damage to the floor mat's mountings to the vehicle,
e) damage to the velour floor mat being part of the main floor mat,
f) mechanical damage such as cuts, scuffs, cracks, and other damage not resulting from defects existing in the product,
g) mechanical damage resulting from using the product outside the tolerance ranges provided by the manufacturer,
h) mechanical wear of the product resulting from its normal use,
i) damage resulting from using the product in an inappropriate vehicle (inappropriate model or version),
j) damage resulting from incorrect installation of the product in the vehicle.
2) The warranty does not cover in particular ongoing and periodic maintenance of the product, including its cleaning.
3) Any costs arising from the execution of the warranty (including the costs of transporting the product to the Guarantor's seat if necessary) are borne by the Guarantor. In the event of an unjustified claim by the customer regarding the necessity of replacing the product under warranty, the customer is obliged to cover the costs incurred by the Guarantor in connection with activities undertaken as a result of this claim, including transport to the Guarantor (if necessary) and technical analysis.
4) The Guarantor is not responsible for damages resulting from the existence of a defect, e.g., loss of income, damage to the company's reputation, vehicle repair costs, and accidental damage not caused by reasons inherent in the product.
§ 4 FINAL PROVISIONS
This warranty in no way excludes, limits, or suspends the customer's rights resulting from the provisions on statutory warranty for defects of the sold item. The claim under the warranty and the claim under the statutory warranty are separate and independent of each other, therefore the customer has the right to pursue their rights on both grounds against the responsible entities. If you wish to use the right of statutory warranty, the customer should consult the regulations of the store where they purchased the product.