Terms of service

 

Terms & Conditions

§ 1

Introductory Provisions

 

1. The Whimsy Shelters online store, available at the internet address www.whimsyshelters.pl, is run by Zuzanna Smolec, conducting unregistered business in accordance with art. 5 sec. 1 of the Act of 6 March 2018 - Business Law.

2. Sales conducted within the Whimsy Shelters online store do not constitute business activity within the meaning of the law, and these regulations define the rules for using the store, placing orders, delivering ordered products, paying the sales price, withdrawing from the agreement and submitting and considering complaints.

3. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance

§ 2

Definitions

1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

2. Seller - a natural person conducting unregistered activity within the meaning of art. 5 sec. 1 of the Act of 6 March 2018 - Entrepreneurs' Law, operating under the name and surname Zuzanna Smolec, with whom the Customer can contact at the e-mail address: zuzanna.smolec@gmail.com.

3. Customer - any entity making purchases through the Store.

4. Entrepreneur - a natural person, legal person and organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which uses the Store.

5. Store - online store run by the Seller at the internet address www.whimsyshelters.pl

6. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract inclusive.

7. Regulations - these Store regulations.

8. Order - a declaration of will of the Customer submitted using the Order Form and aimed directly at concluding a Product or Products Sales Agreement with the Seller.

9. Account - the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.

10. Registration form - a form available in the Store, enabling the creation of an Account.

11. Order form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

12. Cart - an element of the Store software, in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.

13. Product - a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

14. Sales Agreement - a Product sales agreement concluded or entered into between the Customer and the Seller via the online Store. The Sales Agreement also means - applying to the features of the Product - a service agreement and a contract for specific work.

§ 3

Contact with the Store

1. Seller's address: Zwrotnicza 6, 01-219 Warsaw

2. Seller's e-mail address: zuzanna.smolec@gmail.com

3. Seller's telephone number: 661144730

4. Seller's bank account number ……………………………………….

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

6. The Customer may communicate with the Seller by telephone between 9:00 and 17:00.

 

§ 4

Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are required:

a. a terminal device with access to the Internet and a web browser,

b. an active e-mail account,

c. cookies enabled.

§ 5

General information

1. The Seller shall not be liable to the fullest extent permitted by law for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.

version for stores selling in złoty

3. Prices given in the Store are given in Polish złoty and are gross prices (include VAT).

version for stores selling in another currency

Prices given in the Store are given in …………………….. and are gross prices (include VAT).

4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services), about which the Customer is informed on the Store's pages when placing the Order, including when expressing the will to be bound by the Sales Agreement.

§ 6

Creating an Account in the Store

1. To create an Account in the Store, you must fill in the Registration Form. It is necessary to provide the following data: first name, last name, phone number, e-mail address, billing address, and shipping address (if different from the billing address).

2. Creating an Account in the Store is free of charge.

3. Logging into the Account is done by entering the login and password set in the Registration Form.

4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7

Principles of placing an Order

In order to place an Order, you must:

1. log in to the Store (optional);

2. select the Product that is the subject of the Order, and then click the "Add to cart" button (or equivalent);

3. log in or use the option of placing an Order without registration;

4. if the option of placing an Order without registration was selected - fill out the Order Form by entering the details of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice details, if different from the details of the recipient of the Order,

5. click the "Order and pay" button/click the "Order and pay" button and confirm the order by clicking the link sent in the e-mail,

6. select one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.

 

§ 8

Offered delivery and payment methods

1. The Customer may use the following methods of delivery or collection of the ordered Product:

a. Courier delivery,

b. Personal collection

2. The Customer may use the following payment methods:

a. Payment by bank transfer to the Seller's account

b. Electronic payments

3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.

§ 9

Execution of the sales agreement

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.

2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending the Seller an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.

3. The Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled

4. If the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the Product's readiness for collection by sending an appropriate e-mail message to the Customer's e-mail address provided when placing the Order.

5. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller on the date indicated in its description, in the manner selected by the Customer when placing the Order.

6. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.

7. In the case of ordering Products with different delivery dates, the Customer may request delivery of the Products in parts or delivery of all Products after completing the entire order.

8. The beginning of the delivery period of the Product to the Customer is counted from the date of crediting the payment to the Seller's bank account.

9. Delivery of the Product takes place within the European Union.

10. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the "Shipping costs" tab and during the placement of the Order, including when the Customer expresses their will to be bound by the Sales Agreement.

11. Personal collection of the Product by the Customer is free of charge.

§ 10

Right to withdraw from the contract

1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

2. The period specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person indicated by him other than the carrier.

3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 begins with the delivery of the last item, batch or part.

4. In the case of an Agreement that involves the regular delivery of Products for a specified period (subscription), the period specified in paragraph 1 begins with the taking possession of the first item.

5. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for the Consumer to send the declaration before the expiry of this period.

version for stores where the buyer can send

a declaration of withdrawal from the agreement in any way

6. The declaration may be sent by traditional mail, fax or electronically by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which is Annex No. 1 to these Regulations and an annex to the Act of 30 May 2014 on consumer rights, but this is not obligatory.

7. In the event of sending the declaration by the Consumer electronically, the Seller shall immediately send the Consumer a confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.

8. Effects of withdrawal from the Agreement:

a. In the event of withdrawal from the Agreement concluded remotely, the Agreement shall be deemed not to have been concluded.

b. In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.

c. The Seller shall return the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.

d. The Seller may withhold the return of the payment until the Product is received back or until proof of its return is provided to him, depending on which event occurs first.

e. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the 14-day period expires.

f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by post in the usual manner.

g. The Consumer is only liable for the reduction in the value of the Product resulting from its use in a manner other than necessary to determine the nature, characteristics and functioning of the Product.

9. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Contract:

a. where the subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet their individual needs,

b. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has performed the service, the Consumer will lose the right to withdraw from the Contract,

c. where the subject of the provision are items that, due to their nature, are inseparably connected with other items after delivery,

 

§ 11

Complaint and warranty

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1. The Sales Agreement covers new Products.

2. The Seller is obliged to deliver a defect-free item to the Customer.

3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.

4. The complaint should be submitted in writing or electronically to the Seller's addresses provided in these Regulations.

5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.

version for stores selling to consumers and for those who want the lack of response to a complaint submitted by the buyer to be its automatic acceptance

6. The Seller will respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it is considered that the Customer's request was considered justified.

7. Goods returned under the complaint procedure should be sent to the address provided in § 3 of these Regulations.

8. Products purchased in the Store are covered by a two-year warranty period.

§ 12

Out-of-court complaint and claim settlement methods

1. Detailed information on the possibility of using out-of-court complaint and claim settlement methods by the Consumer and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

2. The Consumer has the following examples of possibilities of using out-of-court complaint and claim settlement methods:

a. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve the dispute arising from the Agreement concluded with the Seller.

b. The Consumer is entitled to contact the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.

c. The consumer may obtain free assistance in resolving the dispute between him/her and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).

 

§ 13

Personal data in the Online Store

1. The administrator of the personal data of Customers collected via the Online Store is the Seller.

2. The personal data of Customers collected by the administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer consents to this - also for marketing purposes.

3. The recipients of the personal data of Customers of the Online Store may be:

a. In the case of a Customer who uses the postal or courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to a selected carrier or intermediary carrying out shipments on behalf of the Administrator.

b. In the case of a Customer who uses the electronic payment method or payment card in the Online Store, the Administrator makes the collected personal data of the Customer available to a selected entity handling the above payments in the Online Store.

4. The Customer has the right to access the content of their data and correct it.

5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

§ 14

Final provisions

1. Agreements concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.

3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.

4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, you can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.