TERMS AND CONDITIONS OF THE ONLINE SHOP
Definition of the Seller
The Shop is owned by:
OPTIMIST Danuta Słomińska-Kłys
with an office in Wrocław, ul. Więzienna 19/11
NIP: 885 107 49 07
Phone +48 662 422 060
- The online shop [further referred to as the Shop] conducts retail sale via the Internet pursuant to these Terms and Conditions [further referred to as Regulations].
- A consumer (further referred to as the Client) is a natural person performing legal action with the Shop not directly related to its business or professional activity. (Art. 22 of the Civil Code)
- An Entrepreneur [further referred to as the Entrepreneur] is a legal person/institution performing legal action with the Shop directly related to its business or professional activity.
- These Regulations are an integral part of a contract of sale concluded with the Client/Entrepreneur.
- Prices presented in the Shop are gross prices. (inclusive VAT)
- Products available in the Shop are free from physical or legal defects with exception of products featured in the Shop with a physical defects clearly stated in its description. Such products are available at a discount price.
- Orders may be placed as follows:
- via a form available on the Shop website (the cart),
- via e-mail sent on the address available on the Shop website,
- via a form available on the Shop website (the cart).
- The condition of the contract is to provide data allowing to verify the Client/Entrepreneur and recipient of the goods. The Shop confirms the order by sending a message describing the ordered object to the e-mail address provided during ordering. The Shop has a right to decline an order, limit methods of payment or demand payment in advance once the order evokes reasonable doubts concerning credibility of the provided data or the method of payment.
- The parties are bound by the information concerning the bought product, price, description, features of the product, elements included in the set, deadlines and methods of payment, available on the Shop website at the moment of placing the order.
- The information on the Shop website does not constitute an offer within the meaning to the Civil Code. The Client/Entrepreneur presents the offer of purchase of a particular product while placing an order.
- The Client/Entrepreneur makes an offer of concluding a contract of sale concerning the ordered products while placing an order.
- Once the order is placed, a message including information about further stages of realizing the order is sent to an e-mail address provided while placing the order;
- After the order is verified, the Shop sends an information concerning acceptance of the order to further realization to the provided e-mail address. The information is also the Retailer’s statement of accepting the offer, which is also mentioned in §3 p. 5 above and once the Client/Entrepreneur receives it, the contract of sale is concluded.
- After concluding the Contract, the Shop confirms its terms to the Client/Entrepreneur by sending an e-mail to the Client’s/Entrepreneur’s address or via a letter sent to the Cline/t/Entrepreneur’s address indicated while the order was placed.
- Should a transfer be chosen as a means of payment, the order completion date is defined on the basis of the date of depositing the Client’s/Entrepreneur’s payment on the bank account of the Shop.
- The Shop is accountable to the Client/Entrepreneur on the basis of a statutory warranty claims regulated by the Civil Code of 23 April 1964 (Dz. U. [Journal of Laws] no 16, item 93 as amended) through the period of 24 months (in the case of new products) or through the period of 12 months (in the case of second-hand products). A detailed description of the procedure is included in §6 of Terms and Conditions.
- The Client/Entrepreneur can choose from two means of payment:
- via transfer (in advance),
- via online payments PayPal (PayPal).
- Prices of packages are stated in the summary of an order.
- Release of products is conditional on the payment for the goods and the shipping.
- In terms of choosing a transfer payment, the procedure should be completed in 7 working days from the moment of the order confirmation sent by the Shop. Should it not be done, the Shop cancels the order.
- Ordered goods are sent by the Shop through Polish Postal Services, shipping companies…..
- In the case of incompatibility of the received goods with the contract, the Client/Entrepreneur should send the claimed product back to the Shop with a description concerning the incompatibility. Delivery costs are covered by the Client/Entrepreneur. The address to which such product should be sent:
Optimist Danuta Słomińska-Kłys
- The Shop shall reply to the filed complaint within 14 days from the moment of receiving the product and the description.
- Should a justified complaint result in sending the Client/Entrepreneur a new product or in the necessity of removing the incompatibility, the delivery costs shall be covered by the Shop.
- Once the complaint is accepted, the Shop returns delivery costs covered by the Client/Entrepreneur.
- Every Client/Entrepreneur is free to recourse to an out-of-court complaint and redress mechanisms. It includes using mediations. Lists of mediators and available mediation centres are issued and shared by Presidents of Circuit Courts. More information concerning resolving consumers’ conflicts is available on: http://www.uokik.gov.pl/spory_konsumenckie.php
- The complaint form sample forms appendix no 2 to the Terms and Conditions.
- The Shop is accountable to the Client/Entrepreneur on the basis of a statutory warranty claims regulated by the Civil Code of 23 April 1964 (Dz.U. [Journal of Laws] no 16, item 93 as amended) through the period of 24 months (in the case of new products) or through the period of 12 months (in the case of second-hand products).
- On the moment of the appearance of a flaw, the Client/Entrepreneur may expect from the Shop (statutory warranty claims) to:
- replace the defective product with a new one;
- fix the defective product;
- discount the price;
- terminate the contract – in case of major defects.
The Shop shall reply to the demands within 14 days from the moment of receiving the demand. The shop will consider the Client’s/Entrepreneur’s demands taking into consideration:
- how quickly and easily a replacement or repair can be conducted;
- the nature of a defect – minor or major;
- if the product was a subject of any complaint before.
The Shop may refuse to claim the Client’s/Entrepreneur’s demands concerning replacement or repair of the product provided that the replacement or repair of the product is impossible to achieve (for example due to ceased production of certain parts or the whole product), or in comparison with the second of the possible demands would require excessive costs (for example a request to replace the entire device with a new one if the damage concerns one part of a low value). In such case the Shop shall propose an alternative.
Right of withdrawal
- On the basis of the Law on Consumer Rights of 30 May 2014 The customer has the right to withdraw from agreement without providing any reason.
- The right of withdrawal is effective if a statement of withdrawal from the contract is sent within 14 days from receiving the product. It is enough to file a statement before 14 days pass to keep the deadline. The statement may be submitted on the form, which sample is an appendix to the Law on Consumer Rights from 30 May 2014 (appendix no 1 to the Regulations) or sent to the e-mail address: email@example.com
- The Client shall return the product to the Shop within 14 days from filing a statement of withdrawal from the contract and covers all delivery costs.
- Within 3 working days from receiving the returned product, the Shop shall check the condition of the product.
- The Shop returns the payment using the same means as the Client have. In case of paying through credit cards, the money are returned to the card.
- If the customer opted for a delivery of the object other than the cheapest offered by Shop, Shop does not reimburse any additional costs the Client incurred. The Shop shall only return the cost of the cheapest delivery of the product to the Client.
- The customer covers all direct cost of the return (such as the cost of packaging, security, deposit slip).
- The right of withdrawal does not apply in the following situations:
- a contract in which the service concerns non-prefabricated product, created according to the Client’s specifications or serving the purpose of satisfying the Client’s individual needs;
- contract for the supply of digital content which is not supplied on a tangible medium, if the service has begun with the consumer’s prior consent within the period of withdrawal expired and with the acknowledgement of the consumer of losing the right to withdraw;
- where the goods supplied were sealed audio or video recordings or computer software and have been unsealed after delivery;
- where the goods supplied were sealed, have been unsealed by the consumer and are not then suitable for return due to health protection or hygiene reasons;
- where the Shop completed the service with the consumer’s prior consent, who was prior acknowledged that after the service is completed, the consumer loses the right of withdrawal;
- a contract for the supply of goods or related services for which the price depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- a contract for the supply of goods which are liable to deteriorate or expire rapidly;
- where the goods supplied have, according to their nature, been inseparably mixed with other items after delivery;
- a contract for the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days from the time of conclusion of the contract and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. Where on the occasion of such a visit the trader provides related services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal applies to those additional related services or goods;
- a contract for the sale of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- a contract concluded at a public auction;
- a contract for services related to accommodation, other than for housing purposes, transportation, car rental, gastronomy, services connected to leisure activities, entertaining, sport or cultural events which provides for a specific date or period of performance.
- The Entrepreneur is entitled to the right of withdrawal without providing any reason.
- The consumer is liable for any diminished value of the goods only where that results from handling of the goods in any way other than what is necessary to establish the
nature, characteristics and functioning of the goods.
- It is forbidden to use any materials published on the Shop website (inclusive of photographs and descriptions of products) without obtaining a written consent from the Shop.
- By placing an order the Customer agrees to the processing of personal data only to implement the order.
- The processing of personal data carried out in accordance to the Act of protection of Personal Data of 29 August 1997 (Dz.U. [Journal of Laws] of 2002 No 101, item 926 as amended).
- The customer has the right to access their personal data and correct them, to require the cessation the processing and object to their treatment.
- In order to use online store, including browsing the assortment, placing orders, it is necessary have:
- a) a terminal device (such as a computer, tablet, smartphone) with access to the Internet and a browser, for instance Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
- b) an active electronic mail account (e-mail);
- c) enabled Java scripts;
Entry into force and amendments to the Regulations
- Regulations come into force from the date of publication on the website store.
- These Rules may be changed.
- Amendments to the Regulations will be published on the Store.
- Information on changes to the Regulations will be sent to the Client’s/Entrepreneur’s e-mail address indicated while placing an order.
- Amendments to the Regulations come into force after 14 days from the date of their publication in the manner specified in article 3.
- The Shop recognizes that the Client/Entrepreneur approved the changes to the regulations, if the Client did not withdraw from the contract by the end of the expiry of the period specified in article 5.
- In matters not covered by the provisions of these Regulations the Polish law is applicable, in particular the provisions of the Civil Code and the Act of 30 May 2014 consumer rights.