REGULATIONS OF THE ONLINE STORE
www.dzieciokracja.pl
§ 1
GENERAL
1. The www.dzieciokracja.pl Store operates on the terms set out in these Regulations.
The owner of the www.dzieciokracja.pl store is:
Soltermo sp z o.o. with its registered office in Dzierżoniów, Świdnicka 24, postal code 58-200, entered into the National Court Register kept by the District Court for Wrocław-Fabryczna, IX Commercial Department, under KRS number: 0000848927, NIP: 8822135397, REGON: 38647342300000
2. The Regulations define the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.dzieciokracja.pl Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
3. Each Service Recipient at the moment of undertaking activities aimed at using the Electronic Services of the Store is www.dzieciokracja.pl obliged to comply with the provisions of these Regulations.
1) 4. In matters not covered by these Regulations, the following provisions shall apply:
a) the Act on the provision of electronic services of 18 July 2002,
b) the Consumer Rights Act of 30 May 2014,
c) the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016,
d) the Civil Code of 23 April 1964 and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
1. ORDER FORM – a form available on the website www.dzieciokracja.pl enabling the placement of an Order.
2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
3. CONSUMER – a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
4. ENTREPRENEUR - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
5. PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
6. REGULATIONS - these regulations of the Store.
7. SHOP - the Service Provider's online store operating at www.dzieciokracja.pl
8. SELLER, SERVICE PROVIDER – Soltermo Sp. z o.o.
9. SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
10. ORDER - the Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
11. PRICE – the value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
1. The www.dzieciokracja.pl Store sells Products via the Internet.
2. Products offered in the Store are new, in accordance with the contract and have been legally introduced to the Polish market.
3. The information on the Store's websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.
4. The Product price shown on the Store's website is given in Polish zlotys (PLN) and contains all ingredients. The price does not include delivery costs.
5. Orders can be placed via the website using the Order Form (www.dzieciokracja.pl Store) – 24 hours a day throughout the year.
6. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
§ 4
CONCLUSION OF A SALES CONTRACT
1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance in the manner made available by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
2. After placing the Order, the Seller shall immediately confirm its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with his Order. Confirmation of receipt of the Order takes place by sending an e-mail.
4. The confirmation of receipt of the Order shall contain:
a) confirmation of all essential elements of the Order,
b) withdrawal form,
3. these Regulations containing information on the right to withdraw from the contract.
5. Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
1. The Seller provides the following payment methods:
a) payment by traditional transfer to the Seller's bank account,
(b) payment by means of an electronic payment system.
2. In the case of payment by traditional transfer, the payment should be made to the bank account number: 94 1140 2004 0000 3902 8334 0953 (mBank S.A .) the transfer title should be entered the order number
3. In the case of payment via the electronic payment system, the Customer makes the payment before the start of the Order. The electronic payment system allows you to make a payment by credit card or a quick transfer from selected Polish banks.
4. The Customer is obliged to pay the price under the Sales Agreement within ....... business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
5. The product will only be shipped after it has been paid.
§ 6
COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT
1. The costs of delivery of the Product, which are covered by the Customer, are determined during the process of placing the Order.
2. The date of delivery of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
a) the time of completing the Products is up to 5 business days,
b) delivery of Products constituting movable property by the carrier takes place within the time limit declared by him, i.e. 5 working days from the moment of sending the shipment (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
3. Products purchased in the Store are sent only within the Polish via Polish Post or courier.
§ 7
PRODUCT COMPLAINT
1. Complaint for non-compliance of the Product with the contract.
a) The basis and scope of the Seller's liability towards the Customer who is a Consumer for non-compliance of the Product with the contract are specified in the Act on consumer rights of 30 May 2014,
2. the basis and scope of the Seller's liability towards the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of 23 April 1964,
3. The Seller is liable to the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that moment, unless the shelf life of the Product specified by the Seller or persons acting on his behalf is longer,
4. notification of non-compliance of the Product with the contract and submission of an appropriate request may be made via e-mail to the following address: dzieciokracja@gmail.com or in writing to the following address: Soltermo sp. Zoo Mickiewicza 3/5, 57-200 Ząbkowice Śl
5. The above message in written or electronic form should provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Seller,
6. in order to assess irregularities and non-compliance of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at his own expense,
7. The Seller will respond to the Customer's request immediately, no later than within 14 days from the moment of submitting the complaint,
8. in the case of a complaint of a Customer who is a Consumer – failure to consider the complaint within 14 days of its submission is tantamount to its acceptance,
9. in connection with a justified complaint of the Customer who is a Consumer, the Seller respectively:
a. covers the costs of repair or replacement and re-delivery of the Product to the Customer,
b. reduces the price of the Product (the reduced price must remain in proportion to the price of goods in accordance with the contract to goods not in conformity with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days of receiving the statement on price reduction from the Consumer,
c. in the event of withdrawal from the contract by the Consumer – the Seller returns the price of the Product to him no later than within 14 days from the date of receipt of the returned goods or proof of its return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the expense of the Seller,
10. The response to the complaint is provided on paper or other durable medium, e.g. by e-mail or SMS.
§ 8
RIGHT OF WITHDRAWAL
1. Subject to point 10 of this paragraph, the Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days.
2. In the event of withdrawal from the contract, the Sales Agreement is considered void, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed, that he will collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry.
3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Soltermo sp. Zoo Mickiewicza 3/5, 57-200 Ząbkowice Śl
4. The Consumer shall be liable for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product, unless the Seller has not informed the Consumer or the entity referred to in § 10 about the method and date of exercising the right to withdraw from the contract and has not provided him with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle the Products and check them only in the same way as he could do in a stationary store.
5. Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the moment of receipt by the Seller of the statement of withdrawal from the Sales Agreement.
6. If the Consumer has chosen a method of delivery of the Product other than the cheapest usual delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by him.
7. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the item back or provides proof of its return, whichever occurs first.
8. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
9. The fourteen-day period within which the Consumer may withdraw from the contract is counted for the contract under which the Seller issues the Product being obliged to transfer its ownership - from the date on which the Consumer (or a third party other than the carrier indicated by him) took possession of the Product.
10. The right to withdraw from a distance contract is not entitled to the Consumer in the case of a Sales Agreement m.in., in which the subject of the service is non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.
11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the contract to perform its obligation within a strictly defined period.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of the Electronic Service via the Store, which is the conclusion of Product Sales Agreements.
2. The provision of Electronic Services to the Customers in the Store takes place under the conditions specified in the Regulations.
3. The Service Provider has the right to post advertising content on the Store's website. These contents are an integral part of the Store and the materials presented in it.
§ 10
CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
2. The contract for the provision of Electronic Services consisting in enabling the placement of an Order in the Store is concluded for a definite period of time and is terminated upon placing the Order or ceasing to place it by the Service Recipient.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
1. computer (or mobile device) with Internet access,
2. access to e-mail,
3. web browser,
4. enabling Cookies and Javascript in the web browser.
4. The Customer is obliged to use the Store in a manner consistent with the law and morality, bearing in mind respect for personal rights and intellectual property rights of third parties.
5. The Customer is obliged to enter data consistent with the facts.
1. The Service Recipient is prohibited from providing illegal content.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: dzieciokracja@gmail.com
2. In the above e-mail, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities and contact details. The information provided will significantly facilitate and accelerate the consideration of the complaint by the Service Provider.
3. The complaint shall be considered by the Service Provider immediately, no later than within 14 days from the date of notification.
4. The Service Provider's response to the complaint is sent to the Customer's e-mail address provided in the complaint notification or in another manner provided by the Customer
§ 12
FINAL PROVISIONS
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved first through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, the disputes will be settled by the competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Customer (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting a request for mediation or a request for consideration of the case by an arbitration court after the complaint procedure has been completed (the application can be downloaded on the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court redress after the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, lodge a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.