Information - Online Shop Regulations
Online Shop Regulations
§ 1 Preliminary Provisions
version for limited liability companies, general partnerships, partnerships limited by shares and joint-stock companies
- Szyję Szyję Online Shop available at https://szyjeszyje.com/en/ is operated by Brandmed sp. z o.o. with registered office in Warsaw, entered in the National Court Register by the District Court in/for WROCŁAW FABRYCZNA IN WROCŁAW, 9th Commercial Division of the National Court Register, under National Court Register (KRS) number 0000538581, with share capital of PLN 15,000.00, Tax Identification Number (NIP) 8842753307 and Statistical Number (REGON) 360566777.
- These Regulations are addressed to the Consumers and determine the principles and course of a Distance Sale Contract with the Consumer via the Shop.
§ 2 Definitions
- Consumer – a natural person concluding a contract with the Seller within the Shop, the subject of which is not connected directly with their business or professional activity.
- Seller – Brandmed sp. z o.o. with registered office in Warsaw, entered in the National Court Register by the District Court in/for WROCŁAW FABRYCZNA IN WROCŁAW, 9th Commercial Division of the National Court Register, under National Court Register (KRS) number 0000538581, with share capital of PLN 15,000.00, Tax Identification Number (NIP) 8842753307 and Statistical Number (REGON) 360566777.
- Customer – every entity purchasing via the Shop.
- Entrepreneur – a natural person, a legal person and an organisational unit not being a legal person, granted by legal capacity by a separate Act, conducting on its own behalf business activity, using the Shop.
- Shop – the online shop operated by the Seller at https://szyjeszyje.com/en/.
- Distance Contract – a contract concluded by the Customer within an organised distance contract conclusion system (within the Shop) without simultaneous physical presence of the parties, with exclusive use of one or more distance communication means to the moment of contract conclusion (inclusive).
- Regulations – these Shop Regulations.
- Order – a declaration of will of the Customer made by means of the Order Form and aimed directly at conclusion of the Product or Products Sale Contract with the Seller.
- Registration Form – the form available in the Shop, allowing for account creation.
- Order Form – the interactive form available in the Shop, allowing for Order placement, in particular through adding of Products to the Basket and determination of the terms & conditions of the Sale Contract, including the delivery and payment method.
- Product – a movable object/service available in the Shop, being the subject of the Sale Contract between the Customer and the Seller.
- Sale Contract – a sale contract for the Product being concluded or having been concluded between the Customer and the Seller via the online Shop. The Sale Contract shall be understood also as – according to the features of the Product – a service contract and a specific task contract.
§ 3 Contact with the Shop
Address of the Seller: ………….. E-mail address of the Seller: ……………….. Telephone number of the Seller: ……………… Number of the bank account of the Seller: ……………………………. The Customer may communicate with the Seller by means of the addresses and telephone numbers determined in this paragraph. The Customer may communicate with the Seller via the phone in the following hours: ……………
§ 4 Technical Requirements
The following elements shall be necessary for the use of the Shop, including for browsing through the assortment of the Shop and placement of orders for the Products:
- an end device with access to the Internet and Internet Explorer, Google Chrome, Mozilla Firefox, Opera or Safari web browser,
- an active e-mail account,
- enabled cookies,
- installed FlashPlayer software.
§ 5 General Information
- In the widest extent permitted by the law, the Seller shall not bear any liability for any disturbance, including breaks, in the functioning of the Shop caused by force majeure, prohibited action of third parties or incompatibility of the online Shop with the technical infrastructure of the Customer.
- Browsing through the assortment of the Shop does not require creation of an account. Placement of Orders for the Products included in the assortment of the Shop by the Customer is possible either after creation of an account in compliance with provisions of § 6 hereof or through provision of the necessary personal and address data allowing for realisation of the Order without creation of an account.
- The prices determined in the Shop are determined in PLN and are gross prices (include VAT).
- The end (final) amount for payment by the Customer is made up by the price of the Product and by the delivery cost (including fees for transport, delivery and postal services), on which the Customer is informed on the sites of the Shop in the course of Order placement, including also at the moment of expression of the will to be bound with the Sale Contract.
- In case of a Contract covering subscription or service provision for indefinite time, the end (final) price is the total price including all payments for the settlement period.
- If the nature of the subject of the Contract does not allow – in a reasonable assessment) – for earlier calculation of the amount of the end (final) price, the information on the manner of price calculation as well as on the fees for transport, delivery, postal services and other costs shall be determined in the Shop in the description of the Product.
§ 6 Order Placement Rules
To place an Order:
- select the Product being the subject of the Order and then click ‘Buy’;
- complete the Order Form through entry of the data of the recipient of the Order as well as of the address, to which the delivery of the Product is to be performed, select the type of shipment (manner of Product delivery) and enter the invoicing data if different from the data of the recipient of the Order;
- click ‘Order’ and confirm the Order;
- select one of the available payment methods and depending on the payment method pay for the Order within the specified time limit, subject to § 8 point 3.
§ 7 Offered Delivery and Payment Methods
- The Customer may use the following methods of delivery or pick-up of the ordered Product:
- courier shipment
- payment via a transfer to the account of the Seller,
- payment via payment system on the website.
§ 8 Performance of the Sale Contract
- The Sale Contract between the Customer and the Seller is concluded after the Customer places an Order by means of the Order Form in the online Shop in compliance with § 7 of the Regulations.
- After Order placement, the Seller shall immediately confirm its receipt and shall at the same time accept the Order for realisation. Confirmation of receipt of the Order and its acceptance for realisation shall be made through sending of a relevant e-mail by the Seller to the Customer to the e-mail address determined in the course of Order placement, containing at least a representation of the Seller on receipt of the Order and on its acceptance for realisation as well as confirmation of conclusion of the Sale Contract. Upon receipt of the e-mail determined above by the Customer, the Sale Contract between the Customer and the Seller is concluded.
- In case of payment via a transfer to the account, the Customer shall be obliged to make the payment within 5 calendar days from the Sale Contract conclusion date – otherwise the Order shall be cancelled.
- The Product delivery term shall start running as of the date of booking of the payment in the account of the Seller.
- The delivery of the Product shall be performed solely on the area of Poland.
§ 9 Right to Withdraw from the Contract
- The Consumer may withdraw from the Sale Contract within 14 days without determination of any reason.
- The time limit determined in section 1 shall start running as of delivery of the Product to the Consumer or to another person indicated by them, other than a carrier.
- In case of a Contract covering a lot of Products being delivered separately, in batches or in parts, the time limit determined in section 1 shall start running as of delivery of the last object, batch or part.
- In case of a Contract consisting in regular delivery of Products for definite time (subscription), the time limit determined in section 1 shall start running as of taking of the first object into possession.
- The Consumer may withdraw from the Agreement, submitting a representation on withdrawal from the Agreement to the Seller. It shall be sufficient that the Consumer sends the representation before expiry of this time limit for observance of the time limit for withdrawal from the Contract.
- The representation may be send by a traditional post, via fax or electronically through sending of the representation to the e-mail address if the Seller or through submission of the representation on the website of the Seller – the contact data of the Seller has been determined in § 3. The representation may be also submitted on the form, the template of which constitutes Appendix 1 hereto and Appendix to the Act on Consumer Rights of 30 May 2014, yet it shall not be obligatory.
- In case when the Consumer sends the representation electronically, the Seller shall send confirmation of receipt of the representation on withdrawal from the Contract immediately to the Consumer to the e-mail address determined by the Consumer.
- Effects of withdrawal from the Contract:
- In case of withdrawal from a Distance Contract, the Contract shall be considered as non-concluded.
- In case of withdrawal from a Contract, the Seller shall return all payments made by the Consumer, including the costs of delivery of the object, with exclusion of additional costs resulting from the delivery methods selected by the Consumer, other than the cheapest ordinary delivery method offered by the Seller, to the Consumer immediately, not later than within 14 days from the date of receipt of the representation of the Consumer on withdrawal from the Contract
- The return of the payments shall be performed by the Seller with the use of the same payment methods as the ones used by the Consumer in the original transaction, unless the Consumer expressly consents to another solution, which is not connected with any costs for them.
- The Seller may suspend the return of the payments to the time of receipt of the return of the Product or to the time of receipt of a proof for its sending back, depending on which happens first.
- The Consumer should send the Product back to the address of the Seller determined herein immediately, not later than within 14 days from the date, on which they informed the Seller on withdrawal from the Contract. The time limit shall be observed if the Consumer sends the Product back before expiry of the period of 14 days.
- The Consumer shall bear the direct costs of the return of the Product, also the costs of the return of the Product if due to its nature it was not possible to send this Product back by post in an ordinary course.
- The Consumer shall be liable for a decrease of the value of the Product being a result of their use of the Product in a different manner than the one being necessary for determination of the character, features and functioning of the Product.
- In case when due to the nature of the Product it is not possible to send this Product back by post in an ordinary course, information on this fact as well as on the costs of the return of the Product shall be found in the description of the Product in the Shop.
- The Consumer does not have the right to withdraw from a Distance Contract in relation to a Contract:
- in which the subject is a non-prefabricated object manufactured according to specification of the Consumer or used for satisfaction of their individualised needs,
- in which the subject is an object delivered in sealed packaging, which after opening of the packaging may not be returned due to health protection or for hygienic reasons, if the packaging has been opened after the delivery,
- in which the subject is an object that is perishable or has short best-before date,
- on provision of services if the Seller has performed the service in its entirety upon express consent of the Consumer who was informed before commencement of the performance of the service that after performance of the service by the Seller they would lose the right to withdraw from the Contract,
- in which the price or remuneration depends on the fluctuations on the financial market, over which the Seller has no control and which may occur before expiry of the time limit for withdrawal from the Contract,
- in which the subject are objects that after their delivery – due to their nature – become inseparably connected with other objects,
- in which the subject are alcoholic beverages, the price of which has been agreed on upon conclusion of the sale contract and the delivery of which may be performed only after the expiry of the period of 30 days and the value of which depends on the market fluctuations being beyond control of the Seller,
- in which the subject are audio or video records or computer software delivered in a sealed packaging if the packaging was opened after the delivery,
- on delivery of dailies, periodicals or magazines, with exclusion of a subscription contract,
- on delivery of digital contents which are not recorded on a material carrier if performance has commenced upon express consent of the Consumer before expiry of the time limit for withdrawal from the Contract and after informing them by the Seller on the loss of the right to withdraw from the Contract.
§ 10 Complaint and Guarantee
- The Sale Contract covers new Products.
- The Seller shall be obliged to deliver a defect-free object to the Customer.
- In case of occurrence of a defect of the goods purchased from the Seller, the Customer shall have the right to lodge a complaint on the basis of the statutory warranty provisions included in the Civil Code.
- The complaint should be lodged in writing or electronically to the addresses of the Seller determined herein. It is recommended that the complaint includes inter alia the brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer lodging the complaint and the request of the Customer in connection with the defect of the goods.
- The Seller shall present its standpoint on the complaint request immediately and if the Customer is a Consumer – not later than within 14 days.
- If the Customer is a Consumer and the Supplier fails to present its standpoint on the complaint request within 14 days, it shall be considered that it decided that the request of the Customer was legitimate.
- The goods that are being sent back within the complaint procedure should be sent to the address determined in § 3 hereof.
§ 11 Out-of-court Manners of Settlement of Complaints and Pursuing of Claims
- The detailed information relating to the possibilities of the Consumer to use the out-of-court manners of settlement of complaints and pursuing of claims as well as the principles for access to these procedures are available in the premises and on the websites of poviat (municipal) Consumer Ombudsmen, social organisations, the statutory tasks of which include protection of consumers and Voivodeship Trade Inspectorates as well as at the following web addresses 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.
- The Consumer shall have the following example possibilities to use the out-of-court manners of settlement of complaints and pursuing of claims:
- The Consumer shall be entitled to apply to the Permanent Consumer Arbitration Court determined in art. 37 of the Trade Inspectorate Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) for settlement of a dispute resulting from a Contract concluded with the Seller.
- The Consumer shall be entitled to apply to the Voivodeship Trade Inspector in compliance with art. 36 of the Trade Inspectorate Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) for institution of mediation proceedings relating to amicable solution of a dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance relating to settlement of the dispute between the Customer and the Seller, using also the free assistance of the poviat (municipal) Consumer Ombudsman or a social organisation, the statutory tasks of which include protection of consumers (inter alia Consumer Federation, Association of Polish Consumers).
§ 12 Personal Data in the Online Shop
- The Seller is the Controller of the personal data of the Customers collected via the online Shop.
- The personal data of the Customers collected by the Controller via the online Shop is collected for the purposes of performance of the Sale Contract and if the Customer expresses their consent thereto – also for marketing purposes.
- The recipients of the personal data of the Customers of the online Shop may be:
- In case of a Customer using in the online Shop the post shipment or courier shipment delivery method, the Controller provides the collected personal data of the Customer to the selected carrier or intermediary realising the shipments upon the order of the Controller.
- In case of a Customer using in the online Shop the electronic payment or card payment method, the Controller provides the collected personal data of the Customer to the selected entity handling the payments determined above in the online Shop.
- The Customer shall be entitled to have access to the content of their data as well as to rectify it.
- Provision of the personal data is voluntary yet a failure to provide the personal data determined in the Regulations, necessary for conclusion of the Sale Contract, shall result in lack of the possibility to conclude this Contract,
§ 13 Final Provisions
- The Contracts concluded via the online Shop are concluded in Polish.
- The Seller reserves the right to make changes in the Regulations for important reasons, i.e.: change of legal provisions, change of payment and delivery methods – in the extent, to which these changes affect performance of the provisions hereof. The Seller shall inform the Customer on each change at least 7 days in advance.
- Provisions of the Polish law, in particular provisions of the following legal acts, shall be applicable to the issues not governed herein: Civil Code, Electronic Service Provision Act, Act on Consumer Rights, Personal Data Protection Act.
- The Consumer shall be entitled to use the out-of-court manners of settlement of complaints and pursuing of claims. For this purpose, they may lodge a complaint through the Union online platform, ODR, available at: http://ec.europa.eu/consumers/odr/.