Regulations

These regulations define the general terms, conditions, and sale methods conducted under the Fenbro.com brand by Fenbro Sp. z o.o. with its registered office in Poland, at Aleje Jerozolimskie 181 B, 02-222, Warsaw, NIP (tax identification number) VAT PL7011070120, VAT UK GB 422325925.

The Seller can be contacted at the e-mail address: [email protected] or via Messenger:  http://m.me/fenbropl .

§ 1 DEFINITIONS

Seller – means Fenbro Sp. z o.o. company, Poland, at Aleje Jerozolimskie 181 B, 02-222, Warsaw, NIP (tax identification number) VAT PL7011070120, VAT UK GB 422325925, which is the owner of Fenbro.com at the same time.

Regulations – means these Fenbro.com Regulations.

Goods – means the products presented by the Seller on the Fenbro.com website

Services – means the services offered by the Seller on the Fenbro.com website

Supplier – means an entity which the Seller cooperates with, in the delivery of Goods

Customer – means an entity for which services may be provided electronically or with which a Sales Contract can be concluded in accordance with the Regulations and legal provisions.

Order – refers to the Customer’s declaration of intent sent to the Seller, constituting an invitation to conclude a remote contract for the sale of goods, specifying, among others, Goods that the Customer intends to buy, their number and the Customer’s data necessary to conclude and perform the Sales Contract of Goods covered by the Order.

Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the Order.

Sales contract – means a sales contract concluded electronically on the terms defined in the Regulations, between the Customer and the Seller.

The Digital Services Act – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27/10/2022, pp. 1-102).

Illegal Content – information which, by itself or by reference to the operation, including the selling of Goods or providing Services, is not in accordance with the law of the European Union or with the law of any Member State that is consistent with the law of the European Union, regardless of the specific subject matter or nature of this right.

§ 2 GENERAL PROVISIONS

1. These Regulations lay down the terms and conditions under which the Seller sells and delivers goods and services ordered, and define the rights and obligations of the Seller and the Customer. These Regulations apply to all transactions for the sale of goods presented on the Fenbro.com website. Each Customer shall be obliged to read these Rules and Regulations before placing an order.
2. The Customer is obliged to use the Seller’s Goods and Services in a manner consistent with its intended purpose, with these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights, personal data as well as copyrights and intellectual property of the Seller, other Customers and third parties. The Customer is prohibited from providing unlawful content, including Illegal Content.
3. The Regulations are part of the Sales contract for the sale of Goods available at Fenbro.com
4. The Seller reserves the right to amend these Regulations in whole or in part at any time. The amendment to these Regulations shall be effective from the moment of publishing the amended Regulations. The Customer shall not be bound by the provisions of Regulations that have changed after the Order has been placed.
5. The Seller shall have the right to refuse to accept an Order, the content, or circumstances of which indicate that it was placed in breach of the provisions of these Regulations, or in breach of other provisions applicable to a given Order. The latter apply, in particular, to the rules of purchasing promotional goods, regulations related to periodic promotions, etc., as well as the provisions of generally applicable law.
6. As a Seller, we are obliged to provide you with Goods free from defects. We are also responsible for the compliance of our services in accordance with the Sales contract you will conclude with us. All products we sell are brand new, free from physical and legal defects.
7. All rights to the content of Fenbro.com website, including proprietary copyrights, intellectual property rights to its name, its internet domain, as well as to patterns, forms, logos posted on the fenbro.com website and related (except for logos and photos for goods presentation to which copyrights belong to third parties) belong to the Seller.

§ 3 ORDERS AND PAYMENTS

1. The offer contained on the Fenbro.com website is an invitation for Customers to get in touch with the Seller to submit offers and conclude a contract for the sale of Goods.
2. The Customer determines his preferences regarding the Goods pressing the ‘Get a quote’ button on the Fenbro.com website, using contact form on the Fenbro.com website or by contacting the Seller by e-mail or during a conversation with the Seller (via chat or by phone). Afterwards, the Seller provides the Customer with the quote, being the proposed total price of the selected Goods and/or Services and the proposed total cost of the selected method of Delivery.
3. Placing an order is making an offer by the Seller’s Customer to conclude a sales contract of the Goods being the subject of the order.
4. The offer is valid only for 7 days.
5. The applied minimum order value of products is over 2000 EUR net (i.e. 5 windows). Smaller orders will not be processed.
6. It is a Customer’s responsibility to check and confirm, the number of items and their dimensions), colour, side, and opening scheme; side, direction of windows and doors.
7. After placing the order, the Seller sends the confirmation of the placed order with the payment details to the e-mail address given by the Customer.
8. The basis for the start of the production process is the order confirmed by the Customer.
9. After confirming the order, the Customer’s data, delivery address and technological changes cannot be changed.
10. The Seller is not responsible for customer-generated mistakes, errors or defects, including incorrect sizes, styles, or other ordering errors. To prevent these errors from happening, Customers are asked to review the order carefully before submitting it.
11. Faulty Goods will be rectified free of charge. Any problems with any part of your received Goods must be reported to us within 48 hours of their receipt.
12. In the case that after confirming the acceptance of the Customer’s order, its implementation turns out to be impossible for various reasons, including when the purchase of Goods from the Seller’s suppliers will not be possible within the time provided for the implementation of the order and for the price specified in the order, the Seller will inform the Customer by e-mail or by phone about the resulting circumstances.
13. The exact date of completion of the Order is communicated by e-mail up to 5 days after the payment for the Order has been made (as a single payment or in instalments as agreed in the Sales contract).
14. Prices presented in the Pricelist on the Fenbro.com website:
    – are net prices and are defined in EUR, GBP, USD, PLN;
    – do not include changes in colours, accessories, dimensions, etc . – each change affects the final price of the product;
    – do not contain information about the costs of Delivery, about which the Customer will be informed when choosing the method of Delivery;
    – do not contain information on possible duties and taxes;
    – are not definitive and final;
    – are for information purposes only.
15. The Seller reserves the right to change the prices of the Goods in the Seller’s offer, introduce new products to the offer, carry out and cancel promotional campaigns on the Fenbro.com website and change them at any time. However, the final price binding the parties to the Sales Contract is the price of the Goods included in the confirmation of the order sent to the Customer together with the data for payment.
16. All and any promotions, special offers, rebates, and discounts in Seller’s offer shall not be used in combination with each other, unless otherwise explicitly specified in the promotion, special offer, information about the rebate or discount.
17. The number of Goods at promotional prices that can be purchased by one Customer may be limited.
18. Promotions and stock clearance are limited in time and may be limited in terms of quantity or until stocks last.
19. The Customer may not request a refund of the difference between the promotional price and the standard price if the Order has been placed before or after the period during which the promotion was valid.
20. The Customer may choose the following forms of payment for the ordered Goods: -electronic payment via bank transfers
21. The Customer has the following payment options: -single payment in advance (discount -2%);-payment in two instalments: 1st payment in advance (50%) and 2nd payment before dispatch (50%)
22. All the Seller’s products are bespoke Goods made to order, and they are manufactured according to the Customer’s specifications. Changes to orders cannot be made once the Order has been confirmed and signed off or paid in whole or in part. Orders for bespoke goods cannot be cancelled or changed (once the work has started on them).
23. When the payment for the Order is in two instalments, after producing the product, it is necessary for the Customer to transfer the second part of the payment. Then the Seller will issue the invoice for the full value of the Order. The Seller informs the Customer each time the status of the Order changes.

§ 4 ORDERS FULFILMENT

1. The Seller sends the Goods to all European countries, as well as the USA or Africa. If the Customer prefers to organise the transport on their own, they have to let the Seller know and they will be able to pick up the goods directly from the windows-, doors- or garage gates-factory or the Seller warehouse or from the designated location
2. Delivery does not include the service of carrying the windows and doors into the Customer’s premises. The joinery is carried by the fitters on the day of installation (only if installation is executed by the Seller).
3. If it is the Customer who arranges the transport, then Fenbro shall not be liable for damage caused during the delivery of the Goods to the Customer.
4. If the transport is organised by Fenbro, it takes place on a wooden pallet. If the product width exceeds 2000 mm, the Customer is responsible for unloading all the pallets. For pallets not exceeding 2000 mm in length, it is possible to use a tail-lift car for the delivery. The driver is able to unload the pallet from the car at the delivery location. The pallet will be placed on the ground but not unpacked, and the windows will not be brought into the customer’s premises by the transport company.
5. The Customer must ensure unloading (removal of pallets from the trailer of the truck / lorry), of all pallets (the whole order) using a forklift, manual or other method. Responsibility for unloading is on the customer’s side. Even if one pallet exceeds 2000 mm in length, it is the Customer’s responsibility to unload all pallets.
6. Upon receipt of the goods, the Customer has to verify the content of the consignment, compliance with the order and whether there is no damage to the goods that occurred during the transport. Any discrepancies must be reported to the Company within 48 hours of receipt of the goods, unless the installation is carried out by Fenbro, in which case the compliance of the order will be checked with the fitter on the day of installation.
7. If access to the indicated address is not possible due to access restrictions (narrow passages, narrow gates, street blocks, city centres), the goods will be left at the nearest possible place, agreed with the Customer.
8. CMR is a document confirming that you have received the goods. The document needs to be signed electronically within 48 hours of receiving the goods (not earlier). The CMR document is related only to the delivery and is signed by the transport company, sender and receiver. If Fenbro performs the installation, the CMR document can be signed on the day of installation.
9. Refusal to accept delivery on the scheduled date (according to the schedule provided) or postponing the delivery to the next week at the Customer’s request will result in an additional fee.

§ 5 COMPLAINTS AND WARRANTIES

1. The transport organised by the Seller is fully insured.
2. The Customer is obliged to control the quality and quantity of the Goods upon delivery. The CMR document is a confirmation of delivery and proof that the Goods were received in good condition and that the transportation was concluded under the specified conditions.
3. Visible defects, such as scratches on glass or frames, must be reported to the Seller within 48 hours of collecting the goods. After the indicated deadline, the complaint is considered as arising from the Customer’s fault.
4. The Seller cannot be held responsible for normal wear and tear or damages resulting from abuse or misuse of the products.
5. Goods sold by the Seller are covered by the following types of guarantees:
   -5 years for all uPVC, aluminium Windows, doors, sliding doors;
   -5 years for Wikęd doors
   -10 years for all VELUX products
   -2 years for the installation (with service provided by the Seller)
6. The Customer receives an invoice with every Sales contract. All the invoices are archived for 5 years as evidence of the purchase.
7. In the case of Goods covered by the guarantee, the Customer may complain about a defective product using the rights resulting from the warranty. In such circumstances, the Customer is obliged to make a complaint directly to the Seller.
8. All complaints are to be sent using electronic forms of communication (preferably by e-mail). In case of any complaint, the Customer will be asked to provide photos and a description of what happened.
9. On the basis of the information provided to the Seller by the Customer, in particular information regarding the defect of the Goods, each time the Seller shall decide whether it is necessary to deliver the defective Goods to the Seller in order to resolve the complaint, and inform the Customer about it.
10. If, in accordance with the Seller’s decision, the Customer should send the defective Goods back to the Seller for the complaint to be resolved, the shipment containing such Goods should be secured to prevent damage during transport.
11. The Customer may demand replacement of the Goods with those free from any defects or removal of the defect. The Seller shall be obliged to replace defective Goods with Goods free from any defects or to remove the defect within a reasonable time without undue inconvenience to the Customer.
12. The Seller will ship new products as quickly as possible, and in the meantime, the complaint is being processed. The average time for considering a complaint is 3 to 4 weeks.
13. Depending on the type of complaint issue, the Seller is to decide whether to send new Goods, spare parts or refund the money.

§ 6 REFUNDS

1. In the event of circumstances obliging the Seller to refund the money, paid by the Customer to the Seller’s account, the refund shall be made within a maximum of 14 days, using the same payment method that the Customer selected while placing the Order, unless the refund with the use of the same form of payment that the Customer chose when placing the Order is not possible.
2. The Seller reserves the right to verify the Customer’s identity by submitting the return order. The Seller shall not be responsible for failure to refund or delay of the return date if the Customer, despite the request sent to the Customer’s e-mail address, fails to provide the bank account number to which payment is to be made, or if the Customer fails to provide the Seller with all the data necessary to make the payment (provided that such data has not been provided before).
3. The Seller shall not be held liable for failure to refund or for delay of the return if it was due to the Customer providing incorrect personal data (name, surname, address) or an incorrect account number.
4. All refunds shall only be cashless.

§ 7 CANCELLATION OF THE ORDER, WITHDRAWAL FROM THE SALES CONTRACT

1. All the Goods and their units are specially made to order, and consequently the contract is not subject to cancellation. If the Customer does cancel the contract, then the Company shall have the right to retain the deposit being 50% of the total price and in addition, to claim against the Customer for any costs incurred and for any loss of profit which accrues.
2. The Goods shall remain in the ownership of the Seller until the Seller receives payment in full without any deductions.
3. Should the Customer default on the agreed payment terms, then the Seller reserves the right to take possession of the Goods and to enter onto the Customer’s property to enable the recovery of the Goods.
4. By signing the Sales contract, the Customer confers permission on the Seller to enter onto the Customer’s property to enable the removal and/or recovery of the Goods.
5. The Seller will not be liable to the Customer for any works or remedial works that may be required once the Goods are removed.
6. Should it become necessary for the Seller to take possession of the Goods, the Customer will be liable to pay all outstanding sums immediately.
7. Should the Customer sell, transfer or assign the Goods prior to the Seller receiving payment in full for the Goods, then the Seller reserves the right to pursue the Customer for a sum equal to the outstanding sum due to the Seller, plus any costs incurred with recovering this sum.

§ 8 INSTALLATION SERVICES

1. The Seller provides the Customers with installation services.
2. If installation services are included in the offer presented by the Seller, then the Customer receives a full warranty for the installation as well as the after-installation and after-sales support.
3. If the Customer chooses installation services offered by the Seller, they have a warranty that the dimensions of the received Goods will be correct. When the Seller’s fitter has measured the openings before the purchase, the Seller takes full responsibility for the correctness of the dimensions of the joinery ordered.
4. The exact installation date is confirmed up to 5 days after the contract is signed and payment is done.
5. The installation date may be changed if the parties (the Seller and the Customer) agree upon it. The date of the installation is scheduled between 3 up to 7 working days after the delivery.
6. The fitters carry the Goods into the building on the day of installation.
7. The scope of installation services include:
   -new building installation: openings in the raw state prepared for the installation of windows/doors (joinery);
   -renovation: the scope of work includes removal of old windows/doors, installation of new joinery, plastering around the joinery and disposal of old joinery
8. The scope of the installation work does not include the renovation of floors, the preparation of drains on the outside of the building for the drainage of water during rainfall, construction such as the reconstruction of roofs, the construction, or improvement of roof structures, garage openings, or performing of additional work not previously agreed with the installation team or not included in the Sales contract.
9. Any additional work which goes beyond the scope of the joinery installation must be agreed directly with the Seller or the installation team, as it may incur additional charges.

§ 9 PERSONAL DATA AND “COOKIES”

1. The Seller processes the Customer’s personal data in accordance with applicable law and the Seller’s own privacy policy.
2. The rules according to which the Seller processes the Customer’s personal data are described in the Privacy Policy to be found at the website: https://fenbro.com/privacy-policy/. At this address, the Customer will find detailed information about the processing of their personal data, including information about their rights.
3. The controller of the Customer’s personal data is Fenbro Sp. z o.o. with a registered office in Poland, at Aleje Jerozolimskie 181 B, 02-222, Warsaw, NIP (tax identification number) VAT PL7011070120, VAT UK GB 422325925.
4. The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when using the Fenbro.com website.
5. The use of “cookies” is aimed at the correct operation of the Fenbro.com website on customer end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Cookies are not intended to identify the Customer.
6. The Seller uses the “cookies” mechanism in order to:
   -remember information about Customer’s end devices;
   -verify and develop the Seller’s offer;
   -for statistical reasons.
7. Each Customer may close the “cookies” mechanism in the web browser of his end device.

§ 10 ILLEGAL CONTENT AND OTHER CONTENT NOT COMPLYING WITH THE REGULATIONS

1. This section of the Regulations contains provisions arising from the Digital Services Act regarding the Seller. The Customer is generally not obliged to provide content when using The Seller’s Goods and Services, unless the Regulations require providing specific data (e.g. data for placing an Order). In each case of providing content by the Customer, he or she is obliged to comply with the rules contained in the Regulations.
2. The Seller designates the e-mail address: [email protected] as a single contact point. The contact point enables direct communication of the Seller with the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables Customers to have direct, fast and friendly communication with the Seller by electronic means, for the purposes of applying the Digital Services Act. The Seller indicates Polish and English for the purposes of communication with its contact point.
3. Procedure for reporting Illegal Content and actions in accordance with Art. 16 of the Digital Services Act:
   • Any person or entity may report to the Seller the presence of certain information that the person or entity considers to be Illegal Content by e-mail at: [email protected] .
   • The notification should be sufficiently precise and properly justified. For this purpose, the Seller enables and facilitates submission of reports to the e-mail address provided above containing the following elements (when providing them is possible): (1) a sufficiently justified explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) name and surname or name and e-mail address of the person or entity making the report; and (4) a statement that the reporting person or entity has a good faith belief that the information and allegations contained herein are accurate and complete.
   • The notification referred to above is deemed to constitute the basis for obtaining actual knowledge or information for the purposes of Art. 6 of the Digital Services Act in relation to the information it concerns, if it enables the Seller acting with due diligence to determine – without a detailed legal analysis – the illegal nature of a given activity or information.
   • If the report contains electronic contact details of the person or entity that submitted the report, the Seller shall, without undue delay, send such person or entity confirmation of receipt of the report. The Seller shall also notify such person or entity without undue delay of its decision with respect to the information covered by the report, providing information on the possibility of appealing against the decision.
   • The Seller considers all reports it receives under the mechanism referred to above and makes decisions regarding the information referred to in the reports in a timely, non-arbitrary and objective manner and with due diligence. If the Seller uses automated means for such consideration or decision-making, it includes information on this subject in the notification referred to in the previous point.
4. The Seller is bound by the following rules when providing any content as part of Goods and Services:
   • the obligation to post any Customer-related content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of the Customers and third parties;
   • the obligation to enter content consistent with the facts and in a non-misleading manner;
   • prohibition on providing content of illegal nature, including the prohibition on providing Illegal Content;
   • prohibition on sending unsolicited commercial information (spam);
   • prohibition on providing content that violates generally accepted rules of netiquette, including content containing vulgar or offensive content;
   • the obligation to have – if necessary – all required rights and permissions to provide such content on the Fenbro.com website, in particular copyrights or required licences, permissions and consents to their use, dissemination, making available, or publication, in particular the right to publish and disseminate at the Fenbro.com website and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
   • the obligation to use the Fenbro.com website in a way that does not pose a threat to the security of the IT system or third parties
5. The Seller reserves the right to moderate the content provided by Customers on the Fenbro.com website. Moderation is carried out in good faith and with due diligence and on the Seller’s own initiative or upon a received report in order to detect, identify and remove Illegal Content or other content inconsistent with the Regulations or to prevent access to them or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Regulations.
6. The moderation process may be performed manually by a human or based on automated or partially automated tools that help the Seller identify Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Seller decides whether to remove or prevent access to the content or otherwise limit its visibility or take other actions it considers necessary (e.g. contacting the Customer to clarify reservations and change the content). The Seller will, in a clear and easily understandable way, inform the Customer who provided the content (if the latter provided their contact details) about his decision, the reasons for making it and the available options for appealing against this decision.
7. When implementing its rights and obligations under the Digital Services Act, the Seller is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legally justified interests of all parties involved, including Customers, in particular taking into account the rights set out in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedom.
8. Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Seller based on the notification received or the Seller’s decision made in accordance with the provisions of these Regulations may be reported in a manner analogous to the complaint procedure indicated in point 5 of the Regulations. Using this procedure is free of charge and allows you to submit complaints electronically to the provided e-mail address. The use of the complaint procedure is without prejudice to the right of the person or entity concerned to bring proceedings before a court or other rights.
9. The Seller will consider any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Seller on the basis of the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Seller to consider that its decision not to take action in response to the report is unjustified or that the information referred to in the complaint is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant’s action was not justifies the measure taken, the Service Provider shall without undue delay repeal or change its decision to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary.
10. Customers, persons or entities who have reported Illegal Content, to whom the Seller’s decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any extrajudicial dispute resolution body certified by the digital services coordinator of a Member State in order to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Seller’s internal complaint handling system.

§ 11 FINAL PROVISIONS AND CHANGE OF THE REGULATIONS

1. The Customer is obliged to inform the Seller about the change of the electronic address and the telephone number under which the contact between the Seller and the Customer is conducted, under the pain of recognising the information sent to the address indicated by the Customer as effectively delivered.
2. The Seller and the Customer undertake to resolve disputes arising in connection with the submission and implementation of the order and the performance of obligations by each party through mediation. The sale and provision of services by the Seller are governed by the properties of Polish law.
3. If it is not possible to resolve the dispute through mediation, the court competent for the case is the court competent for the seat of the Seller.
4. The Regulations apply from the date of publication on the Fenbro.com website and replace the previously applicable Regulations.
5. Regulations may change. Each Customer will be informed about the content of the changes to the Regulations by placing a message by the Seller on the Fenbro.com website, containing a list of changes to the Regulations and maintaining this information on the Fenbro.com website for a period of at least 7 following days. The notification about the change of the Regulations in the manner specified above will take place no later than 7 days before the introduction of the changed Regulations.
6. All orders accepted by the Seller for implementation before the date of the changes in the Regulations are implemented on the basis of the regulations that were in force on the date of placing the order by the Customer
7. In the event of a dispute arising from the concluded Sales Contract, the parties will try to resolve the case amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law.
8. You are requested not to copy or distribute any information contained in the Regulations and the website fenbro.com