Online Store Terms & Conditions 

         § 1 General provisions 

 

              1.1. The following Sales Terms & Conditions, hereinafter referred to as the “Terms & Conditions”, shall apply to contracts concluded via the website https://shop.fakrousa.com between FAKRO AMERICA LLC, operating at the following address: 39 West Factory Road, Addison, Illinois 60101, Tax Identification Number #05-0571557, phone (630) 543-1010, e-mail: orders@fakrousa.com, hereinafter referred to as FAKRO, and Users of the Online Store, hereinafter referred to as Customers, placing orders for Goods, the description of which is available on the Online Store website.

               1.2. Definitions: 

• Online Store - an online store available at: https://shop.fakrousa.com
• Customer - a natural person, legal person or an organizational unit that is not a legal person, which has been granted legal capacity by a legal act and which under the Terms & Conditions makes purchases in the Store.
  
• Consumer - a natural person that makes a legal transaction not directly connected with his/her business or professional activity.
  
• Goods - products offered on the website of the Online Store.
  
• Sales contract - a sales contract within the meaning of the Civil Code, regarding the sale of Goods by the Online Store to the Customer for the payment of the product price increased by any additional charges, including shipping costs, the terms of which are set out in particular in these Terms & Conditions. The Sales Contract is concluded between the Customer and FAKRO with the use of means of distance communication. The Sales Contract specifies in particular Goods, their main features, price, shipping costs and other relevant conditions.
• Order - Customer’s declaration of intent expressing direct will to conclude a distance Sales Contract, submitted using means of distance communication, specifying Goods for which the Customer submits an offer to conclude the Sales Contract and the Customer’s data required for the conclusion and execution of the Sales Contract. The Order is given a unique number. Accepting the Order means concluding the Sales Contract.
• Working Day - one day from Monday to Friday, excluding public holidays.
• Newsletter – an electronic service that allows the Customer to subscribe and receive  free information from FAKRO to the e-mail address provided by the Customer.

                1.3. To use the Online Store, including browsing the Online Store’s offer, it is required to have a terminal device with Internet access and a web browser installed: Internet Explorer 11 and two earlier versions, Mozilla Firefox 91.0.1 and two earlier versions, Opera 78.0.4093.112 and two earlier versions, Google Chrome 93.0.4577.51 and two earlier versions and Safari 14.0 and two earlier versions.

                1.4. It is also necessary to have an active e-mail account to place orders.

                1.5. These Terms & Conditions are addressed to both Consumer and Non-Consumer Customers using the Online Store or concluding Sales Contracts (excluding section VIII of these Terms & Conditions, which is addressed exclusively to Non-Consumer Customers).

                1.6. Acceptance of the Terms & Conditions is voluntary, but necessary to create an Account and/or for the Customer to place Orders.

                1.7. The Customer is obliged in particular to:

• Provide only true, up-to-date and all necessary Customer details in the forms made available in the Online Store;
• Immediately update the data, including personal data provided by the Customer in connection with the conclusion of the Sales Contract, in particular to the extent necessary for its proper execution. The Customer may change the data entered when creating the Account at any time using the options available within the Account;
• Use the services and functionalities made available by the Online Store in a manner consistent with the law, the provisions of the Terms & Conditions as well as with the customs and principles of social coexistence accepted in a given area;
• Timely payment in full of the price specified in the Order Confirmation.

 

         § 2 Conditions for concluding a Sales Contract 

 

               2.1. The conclusion of the Sales Contract between the Customer and FAKRO takes place after the Customer has placed an Order.

               2.2. FAKRO enables the Customer to place Orders via the Online Store in the following manner:

• The Customer ads the selected Goods to the shopping cart. FAKRO provides additional services for Goods added to the shopping cart, eg. personalisation, adding other Goods, adding discount codes.
• The Customer who has an Account confirms in the order form that the data required to conclude and execute the Sales Contract is up-to-date. The Customer who does not have an Account must complete the order form on his/her own with his/her data required to conclude and execute the Sales Contract. In any case, providing outdated or false Customer data may prevent the execution of the Sales Contract. In the Order form the Customer is required to provide the following data: first and last name, address (street, building number, apartment number, zip code, city, country), e-mail address, contact telephone number and data concerning the Sales Contract: Goods, their quantity, if available, their type, colour and size, place and method of payment. In the case of Non-Consumer Customers it is also required to provide their company name. Within the framework of the development of Goods available in the Online Store, the Seller may introduce the obligation to provide in the content of the Order form or in another appropriate place, other information regarding Goods or the Customer, and in the case of personal data, also necessary data, in particular due to the specificity of Goods, eg. to personalise Goods.
• Taking into account the size of the ordered Goods, the most favourable delivery option for the Customer is selected by FAKRO. The Customer chooses the method of payment of the price of Goods and any other costs of the Sales Contract indicated in the Order form.
• The Customer sends FAKRO an Order (submits an offer) using the functionality of the Online Store made available for this purpose (button: “Order and pay”). Acceptance of the Terms & Conditions is required at this stage.
• When placing Orders, the Customer has an option of correcting the entered data on his/her own in the “Shopping Cart” panel by adding or removing a given item from the Shopping Cart until the moment of pressing the “Order and pay” button. Removal of an item may automatically remove another item from the Shopping Cart due to the direct relationship between them.
• Depending on the selected payment method, the Customer may be redirected to the website of an external payment service provider in order to make the payment.

              2.3. After placing the Order, the Customer will receive an automatically generated e-mail confirming the order placement in the FAKRO online store sent to the e-mail address provided by the Customer during the order placement process along with information about the order status.

              2.4. Independently, the Seller may inform the Customer about the Order status, in particular by sending messages to the e-mail address provided by the Customer, SMS or by phone contact.

              2.5. If the data contained in the e-mail confirming the order placement is incorrect, the Customer should contact FAKRO within 24 hours of receiving the e-mail by sending a message to the e-mail address: orders@fakrousa.com with a request to correct the data.

              2.6. The Sales Contract is concluded in English.

              2.7. The sale is carried out only on the territory of the United States of America. If the Customer wants to order Goods outside the territory of the United States of America, he/she should contact the distributor in his/her country.

 

          § 3 Prices

           

              3.1. All prices are given in American dollars USD.

              3.2. All prices given for Goods are binding at the time of placing the Order by the Customer. The price of the ordered Goods, charges and total purchase value are visible at the stage of the Order summary.

              3.3. FAKRO reserves the right to change the prices of Goods on offer, introduce new Goods to the Online Store’s offer, carry out and cancel promotional campaigns on the Online Store’s website and introduce changes to it. The above right does not affect the prices of Goods in Orders placed before the effective date of the price change or the terms of promotional campaigns.

              3.4. Promotions valid in the Online Store cannot be combined, unless the provisions of the Promotion clearly state otherwise.

              3.5. Settlements of electronic payment and payment card transactions are carried out according to the Customer’s choice via authorised services.

              3.6. Customer data necessary to make the payment will be shared and processed by: CyberSource Corporation, P.O. Box 947, American Fork, UT 84003 

             

        § 4 Order processing

 

              4.1. The Customer can place Orders 24/7. Orders are processed on working days from Monday to Friday, from 8 am to 4 pm Central Time.

              4.2. The total waiting time for the Customer to receive his/her Order includes the time required to prepare the Order for shipment by FAKRO and the time of delivery of Goods by the carrier.

              4.3. The time of preparing the Order for shipment is determined individually depending on the ordered Goods. The approximate total waiting time for the preparation of Goods for shipment is presented each time on the Goods page and starts on the nearest working day following the day the payment.  In a transaction in which several products are purchased, the estimated delivery date is the longest date presented in the online store’s offer from among the selected products in this transaction.

              4.4. The delivery time starts when Goods are handed over to the carrier.

              4.5. Information on the available delivery methods, their costs and delivery time can be found in the “DELIVERY” tab on the Online Store’s website. Delivery information is also included in the e-mail with the Order status.

              4.6. Each placed Order comes with an electronic invoice included in the e-mail. 

              4.7. When collecting the shipment, the Customer shall check the condition of the outer packaging and the ordered Goods in the presence of the courier. In the event of damage to the shipment, the Customer should make a note about the damage on a delivery documents.  
The procedure to be followed in the case of damage to the shipment during transport is described in FAQ section under “What should I do if the product I ordered arrived damaged in transit?”

              4.8. In the event of damage caused during transport due to the fault of the courier company, after drawing up a damage protocol with the courier, please contact FAKRO within 24 hours to determine details of the return or replacement.

           

        § 5 Personal data 

 

Personal data protection policy can be found here.

 

        § 6 Withdrawal from the Sales Contract (Return Policy)

 

              6.1. The Customer who is a Consumer has the right to withdraw from the Sales Contract without giving any reason within 30 days from the date of delivery of Goods. The withdrawal can take place through completing the Return Authorization Form and sending it to FAKRO:

• via e-mail to the following address: orders@fakrousa.com
• by mail to the following address: FAKRO America LLC, 39 West Factory Road Addison, IL 60101 with a note: Online Store
• Customer panel in the Online Store.

To meet the above deadline it is sufficient to send the return request form to FAKRO no later than on the last day of the thirty-day period. Sending back the proof of purchase together with the return authorization form or with the returned Goods will facilitate the return process. Return Authorization Form

              6.2. The returned Goods should be returned in “as new condition” and in an original packaging.

              6.3. All returns are subject to a 15% restocking fee. If the product(s) has not been returned to us in original, undamaged packaging and/or if we find that the product has been damaged additional fees will apply.

              6.4. Return shipping costs are covered by the Customer. FAKRO does not accept any cash on delivery shipments. To make the return process faster, the returned Goods must be marked with the return number assigned when submitting a request or with the Order number.

              6.5. The return of Goods by the Customer should take place immediately, but no later than within 14 days from the date of sending the Return Authorization Form. 
 Goods should be sent to the following address:

FAKRO America LLC

Shop online

39 West Factory

Road Addison, IL 60101.

• The right to withdraw from the distance Sales Contract is not entitled to the Consumer in the cases of the Sales Contract in which the subject of the service is a custom made item, manufactured according to the Consumer’s specification or used to meet his/her individual needs.

              6.6. FAKRO will refund the payment within 14 days from the date of receipt of the returned Goods.

              6.7. FAKRO reserves the right to reject the refund if:

• the return is made by a person not authorised to do so;
• the returned Goods are not in the condition specified in point 6.2 above.
  

        § 7 Complaints in the case of Consumers

 

              7.1. FAKRO is obliged to deliver Goods without defects to the Customer.             

              7.2. The Customer who has the status of a Consumer has the right to file a complaint within 2 (two) years from the date of purchase in the event non-compliance of the purchased Goods with the Sales Contract. To meet this deadline it is sufficient to send the notice before its expiry.

              7.3. Complaints should be sent to the following e-mail address: orders@fakrousa.com or via the online complaint form available on the FAKRO website. The complaint together with the proof of purchase and the claimed Goods can also be sent to the following address: FAKRO America LLC - Shop online, 39 West Factory Road, Addison, IL 60101.

              7.4. If, due to the properties of the claimed Goods, the Customer cannot deliver them to FAKRO, he/she should inform FAKRO within the time limit set out above about the defect in order to verify it at the Customer’s site.

              7.5. The complaint will be considered within 14 calendar days from the date of delivery of the damaged Goods together with the complaint and proof of purchase or from the date of complaint in the situation specified in point 3.

              7.6. If Goods have a defect, the Customer may submit a declaration on price reduction or withdrawal from the Sales Contract, unless FAKRO immediately and without undue inconvenience to the Customer will replace the defective item for the one free from defects or remove the defect. This limitation does not apply if the item has already been replaced or repaired by FAKRO or the seller has failed to satisfy the obligation to replace the item to the one free from defects or remove the defect.

              7.7. If the Customer is a Consumer, instead of the defect removal proposed by FAKRO, he/she may demand the item to be replaced to the one free from defects or demand the defect removal instead, unless it is impossible to bring the item into the compliance with the Sales Contract in a manner chosen by the Customer or it would require excessive costs compared to the method proposed by FAKRO.

              7.8. The Customer must not withdraw from the Sales Contract if the defect is insignificant.

              7.9. If the item sold has a defect, the Customer may demand the item replacement for the one free from defects or the defect removal. FAKRO is obliged to replace the defective item to the one free from defects or remove the defect within a reasonable time wihout undue inconvenience to the Customer. FAKRO may refuse to satisfy the Customer’s request if it is impossible to bring the defective item into the compliance with the Sales Contract in a manner chosen by the Customer or it would require excessive costs compared to the second possible method of bringing the item into the conformity with the Sales Contract.

              7.10. Differences resulting from the individual settings of the Consumer’s computer (colour, proportions, etc.) must not be the basis for the effective complaint of the purchased Goods.

           

         § 8 Complaints in the case of entrepreneurs 

 

In the event of the complaint filed by the entrepreneur, the following rules apply:

• FAKRO is obliged to deliver Goods without defects to the Customer.
• FAKRO, to the fullest extent permitted by law, excludes entrepreneurs from the statutory warranty for products sold in the Online Store.

 

         § 9 Warranty 

 

              9.1. FAKRO guarantees the highest quality of the offered products and delivery of Goods without defects. All Goods purchased in the Online Store come with the FAKRO warranty.

              9.2. The warranty conditions can be found on the Warranty page.

              9.3. The warranty for the sold Goods does not exclude, limit or suspend the Consumer’s rights under the provisions on the statutory warranty for Consumer

 

         § 10 Newsletter

 

              10.1. The Customer may agree to order the Newsletter service. The Newsletter service consists in receiving regular messages with FAKRO marketing content and commercial information to the e-mail address provided.

              10.2. Newsletter subscription is done through:

• providing the e-mail address and selecting the appropriate option in the registration form and on the Online Store website in the “Sign up for our Newsletter” option or in the “Newsletter” tab in the Customer panel when logged-in;
• clicking the link or button in the received e-mail titled “Subscription Confirmation”.

              10.3. Newsletter subscription is voluntary and free of charge. The Newsletter service is provided for an indefinite period of time.

              10.4. The user may at any time, without giving any reason and at no cost, remove the e-mail address from the list to which the Newsletter is sent, resigning from the Newsletter service provided so far by clicking on the link “Unsubscribe from Newsletter” to be found in the footer of each Newsletter. It is also possible to unsubscribe from Newsletter in the “Newsletter” tab in the Customer panel when logged-in.

           

         § 11 Final provisions

 

              11.1. In matters not covered by these Terms & Conditions, the provisions of the U.S. law shall apply, in particular the Civil Code and the Act on Consumer Rights.

              11.2. Withdrawal and complaint forms are only templates. The Customer may withdraw or make a complaint without using templates provided by FAKRO.

              11.3. FAKRO reserves the right to change these Terms & Conditions. Any changes to these Terms & Conditions will be effective as of the date of their publication on the FAKRO Online Store website, but the changes will not apply to Orders placed before the change of these Terms & Conditions, which will be processed under the current terms.

              11.4. Any disputes that may arise during the execution of the Sales Contract shall be settled by a common court in accordance with applicable law.

              11.5. In the event of any doubts related to the Order, the Customer can contact FAKRO (e-mail: shop@fakrousa.com; via the contact form on the Online Store’s website; phone: (630) 543-1010). Detailed contact details can be found in the Contact tab.

              11.6. In case of questions concerning the installation or service of products purchased in the Online Store it is required to contact the Service Dept. (service@fakrousa.com).