Terms and Conditions • Fig&Pear

1. Seller and definitions

Seller and Service Provider – Diana Świtajewska, business address: ul. Kazimierza Pułaskiego 97, 18-400 Łomża, Polska, Polish tax ID (NIP): 7181993869, EU VAT ID: PL7181993869, REGON: 522994143, BDO: 000637763, e-mail: [email protected].
Store – the Fig&Pear online store at https://figandpear.com, operated by the Seller.
Customer – a natural person, legal person or organisational entity placing an Order or using the Store’s electronic services.
Consumer – a natural person entering into a legal transaction with the Seller for purposes outside that person’s trade, business or profession.
Entrepreneur with consumer rights – a natural person entering into an agreement directly connected with their business where the agreement is not of a professional nature for that person. Consumer provisions apply to that person to the extent required by law.
Product – a movable item or other performance offered in the Store, including, where stated on the product page, a gift card supplied electronically.
Order – the Customer’s offer to conclude a sales contract for the Products selected in the basket, submitted through checkout.
Sales Contract – a distance contract between the Customer and the Seller concluded under these Terms.
Business Day – Monday to Friday, excluding public holidays in Poland.

2. Scope and technical requirements

These Terms govern use of the Store, Orders, Sales Contracts, Accounts, the Newsletter, withdrawal rights and complaints.
Using the Store requires an Internet-connected device, a current browser supporting HTML5, JavaScript and cookies, and an active e-mail address. Disabling essential mechanisms may prevent use of the basket, Account or checkout.
The Customer must provide accurate and current information sufficient to perform the selected service and use the Store lawfully, in accordance with these Terms and accepted standards of conduct.
It is prohibited to provide unlawful content, attempt unauthorised access, introduce malicious code, disrupt the Store or infringe the rights of others.
The Seller may carry out maintenance and temporarily restrict access where necessary for security, fault repair or service development. This does not exclude liability imposed by mandatory law.

3. Customer Account

Creating an Account is voluntary and free. Purchases may be made without an Account unless a particular service clearly requires login.
The Customer is responsible for keeping login details confidential and should promptly report suspected unauthorised use. The Seller never asks for an Account password by e-mail or telephone.
The Customer may request Account deletion at any time through the contact form. Data which the Seller is required or entitled to retain by law, including order, accounting, complaint and legal-claim records, will not be erased merely because the Account is deleted.
The Seller may restrict or suspend an Account in case of a breach of law or these Terms, a security risk or abuse. Unless urgent action is required to protect security or the rights of others, the Customer will be informed of the reason and given an opportunity to stop the breach. Suspension does not affect existing Sales Contracts.

4. Products, prices and promotions

Product information, features, availability and prices displayed in the Store are an invitation to make offers and are not an offer by the Seller.
Product prices are gross prices and include taxes required for the sales destination shown in the Store. Delivery, payment and other additional charges are shown before the Order is placed. Where import charges not collected by the Store may apply outside the European Union, the Customer is informed before ordering to the extent required by law.
The price and conditions shown in the Order summary become binding for that Sales Contract once it is concluded. Later price changes do not affect existing contracts.
When announcing a price reduction, the Store provides all information required by law, including, where applicable, the lowest price charged during the 30 days before the reduction.
Discount codes, gifts, free-delivery thresholds and other promotions may have separate rules displayed before ordering. If a partial withdrawal means that the conditions for a promotional gift are no longer met, the gift must be returned or settled only in accordance with the clearly disclosed promotion rules.

5. Placing an Order and concluding the Contract

The Customer selects Products, variants and quantities, supplies the information required for performance, chooses delivery and payment, and reviews the summary. Basket contents and details can be corrected until the checkout button is used.
Using the “Order and pay” button or an equivalent button clearly communicating an obligation to pay submits the Customer’s binding offer to enter into a Sales Contract on the terms shown in the summary.
An automatic message acknowledging receipt of an Order is not acceptance of the offer and does not itself conclude a Sales Contract.
The Sales Contract is concluded when the Customer receives a separate message confirming that the Order has been accepted for fulfilment. For advance payment this follows successful authorisation or receipt of payment; for cash on delivery it follows acceptance by the Seller.
The Seller accepts or rejects an offer without undue delay and no later than 2 Business Days after submission. If it is not accepted by then, the offer ceases to bind the Customer. Rejection requires an objective reason, such as lack of stock, failed payment, incomplete details preventing performance, a justified fraud concern, or an obvious pricing error which the Customer could reasonably recognise.
If the offer is rejected, the Seller promptly informs the Customer and refunds any payment by the original method unless the Customer expressly agrees to another method at no cost.
For methods requiring payment before acceptance, the deadline shown in checkout or the payment instructions applies. Failure to pay within that deadline may cause the offer and stock reservation to lapse. This does not apply to a valid cash-on-delivery selection.
The Seller supplies confirmation of the concluded Contract on a durable medium, normally by e-mail, together with legally required information and the model withdrawal form.

6. Payment

Available payment methods and any charges are shown in checkout and may depend on country, currency, Order value and provider availability. They may include Przelewy24, payment cards, BLIK, PayPal, Klarna and cash on delivery.
Electronic payments are handled by external providers under the conditions shown when the method is selected. The Seller does not receive full payment-instrument details where payment is handled directly by the provider.
Refunds are made in accordance with the relevant section of these Terms and mandatory law.

7. Availability and extended fulfilment times

The Seller updates availability information, but until an Order is accepted a stock discrepancy may occur, particularly where several customers purchase simultaneously.
If a Product is unavailable before acceptance, the Seller rejects the offer in the affected part and refunds any payment. The Customer may place a new Order for another Product, but no substitution is made without the Customer’s express agreement.
If performance of an existing Contract becomes impossible, the Seller promptly informs the Customer and performs all statutory obligations, including reimbursement. A substitute Product or later delivery requires the Customer’s agreement.
For a Product marked as pre-sale, preorder or subject to an extended lead time, the period stated before ordering applies. Where Products have different dispatch dates, the latest date applies unless split delivery is offered.

8. Delivery

Countries and delivery methods available for an Order are shown in checkout. The Store delivers only to destinations covered by active delivery zones.
The delivery charge and estimated delivery time are shown before ordering. Seller processing time and estimated carrier transit time may be stated separately.
The Seller remains responsible to a Consumer for the Product until it is delivered to the Consumer or a third party designated by the Consumer other than the carrier. The Seller does not exclude this responsibility because a professional carrier performs delivery.
Visible parcel damage should be reported to the carrier and documented where practical, but the absence of a damage report does not deprive a Consumer of complaint rights against the Seller.
Failure to collect a parcel is not automatically treated as a withdrawal statement. The Seller will contact the Customer to agree next steps. Any claim for proven actual loss may be pursued only under general law and does not restrict statutory consumer rights.

9. Right of withdrawal

A Consumer and an Entrepreneur with consumer rights may withdraw from a distance contract without giving a reason within 14 days. For Products, the period generally begins when the entitled person or their designated third party other than the carrier takes possession; statutory rules apply to other cases.
Sending an unequivocal withdrawal statement before the deadline is sufficient. The Customer may use the Store’s return form, the model form supplied with the Contract confirmation, or their own statement. Use of the Store form is optional.
The Product must be sent back without undue delay and no later than 14 days after the withdrawal statement to Jana Matejki 6/318, 80-232 Gdańsk, Polska, unless the Store provides another valid address or return method during return handling.
The Customer bears the direct return cost unless the Seller agrees to bear it or failed to give the required prior notice. Any paid return-label service is optional and its price is shown before selection.
The Seller refunds all payments, including the cost of the least expensive standard delivery offered for the Order, without undue delay and no later than 14 days after receiving the withdrawal statement. The Seller may withhold the refund until receiving the Product or evidence of dispatch, whichever occurs first.
The refund uses the original payment method unless the entitled person expressly agrees to another method which does not cause any cost.
The Customer is liable for diminished value caused by handling beyond what is necessary to establish the Product’s nature, characteristics and functioning.
Withdrawal is excluded only in cases provided by law, including Products made to the Customer’s specifications and sealed Products which cannot be returned for health-protection or hygiene reasons once unsealed after delivery. Merely trying on underwear does not itself remove the right, although excessive handling may cause liability for diminished value.
For gift wrapping services or digital content not supplied on a tangible medium, including an electronic gift card, the right may expire before 14 days only if the statutory conditions are met, including prior express consent to begin performance and acknowledgement of the loss of the right. Statutory rights apply otherwise.

10. Product complaints – conformity with the Contract

The Seller is liable to a Consumer and an Entrepreneur with consumer rights for lack of conformity under the applicable consumer law. Liability generally lasts for 2 years from delivery.
The entitled person may initially request repair or replacement. The Seller may replace instead of repair, or repair instead of replace, where the chosen remedy is impossible or disproportionately costly. In statutory cases the entitled person may request a price reduction or terminate the Contract; termination is unavailable where the lack of conformity is minor.
A complaint may be submitted in any form, including through the contact form or to [email protected]. It is helpful to identify the purchase, describe the issue and state the requested remedy. A receipt or any particular form of proof of purchase is not a condition for accepting a complaint.
The Seller responds to a Consumer complaint within 14 days of receipt. Failure to respond has the consequences provided by law.
The Seller bears repair or replacement costs, including collection, transport, labour and materials. If the Contract is terminated for lack of conformity, the Product is returned at the Seller’s cost.
If a complaint is rejected, the Seller and Customer agree a collection method and reasonable deadline. This does not prevent either party from pursuing justified claims under general law.

11. Newsletter and personal data

The Newsletter is a voluntary and free electronic service. The Newsletter agreement is concluded after valid signup and, where used, e-mail confirmation.
The Newsletter may contain information about Fig&Pear products, content and promotions within the scope of consent. Consent may be withdrawn at any time through the unsubscribe link or by contacting the Seller, free of charge.
Withdrawal of consent or termination does not affect the lawfulness of earlier communication or retention of minimal records needed to demonstrate consent, honour an objection or defend claims.
Personal-data, cookie and analytics rules are set out in the Privacy Policy.

12. Electronic-service complaints

Complaints about the Account, Newsletter, forms or other electronic services may be sent to [email protected] or through the contact form, with a description and information needed to respond.
The Seller handles an electronic-service complaint without undue delay and no later than 14 days after receiving a complete submission.

13. Intellectual property

Store content, including text, photographs, graphics, layout and signs, may be protected by copyright, trade mark rights and other rights of the Seller or third parties.
Content may be used for personal purposes and within other limits permitted by law. Any use beyond those limits requires the relevant right holder’s consent.

14. Alternative dispute resolution

A Consumer may seek assistance from a municipal or district consumer ombudsman, consumer organisations, the European Consumer Centre relevant to a cross-border dispute, and information services provided by competent consumer authorities.
After completing the complaint process, a Consumer may use an appropriate out-of-court consumer dispute procedure where its conditions are met. The Seller’s participation requires consent unless participation is mandatory by law.
We are neither obliged nor willing to participate in proceedings for the out-of-court resolution of consumer disputes.

15. Changes to these Terms

These Terms may be changed for an important reason, including a change in law or an authority’s decision, changes to Store functionality, payment or delivery methods, removal of ambiguity, prevention of abuse or improved security, provided that the scope of the change corresponds to its reason.
A change does not affect Sales Contracts concluded before it takes effect or restrict accrued rights.
Customers with an Account or continuous electronic service are informed on a durable medium at least 14 days before a change takes effect, unless an immediate change is required by law or an urgent security threat. The Customer may terminate a free continuous service before the change takes effect.
For persons not using a continuous service, the current version applies from publication to future actions and Orders.

16. Final provisions

Polish law applies, but this choice does not deprive a Consumer of mandatory protection granted by the law of the country of their habitual residence.
Consumer disputes are determined by the courts having jurisdiction under applicable law. These Terms do not impose a court which lacks statutory jurisdiction.
If a provision is invalid or ineffective, the remaining provisions continue to apply and the relevant law applies in place of the defective provision.
The current Terms are available free of charge in a format which can be saved and printed. This version applies from 1 September 2026.