uczciwy_regulamin_250x174

ONLINE SHOP TERMS AND REGULATIONS

CHAPTER 1.

GENERAL PROVISIONS AND DEFINITIONS

1. Regulations define the terms and conditions for the provision of electronic services, including the use of the Store and the rights, obligations and conditions of responsibility Vendor and Customer. Regulations also contains information that is required to transfer consumer Seller in accordance with applicable laws, including the Law of 30 May 2014 on consumer rights (Dz.U.2014.827 as amended.).

2. Each customer should read the terms and conditions.

3. Terms and conditions are available on the website of the Store and are available free of charge before the conclusion of the contract. At the request of the customer terms and conditions are also available in a way that allows you to grab, play and consolidating its content using a system of tele-informatics, which uses a client (eg. e-mail).

4. Basic definitions:
1) Terms and Conditions: Online Shop Terms and Conditions;
2) The Seller or Service Provider: Esmee Inez Szarzyńska, ul. Witkiewicz 7 / 9a 38-500 Sanok], conducting business under the name Esmee Inez Szarzyńska entered in the Central Register and Information on Economic Activity under the VAT number: 687-16-62-813, REGON: 180843776.
3) Customer or Client: natural person who is 18 years of age and has full legal capacity, legal person or an organizational unit without legal personality, but which is liable in its own name, acquire rights and incur obligations, which establishes a legal relationship with the Seller in terms of store operations. The customer is also a consumer, if in this point, there are no separate provisions with respect to the consumer;
4) Consumer: Client who is a natural person ma king with the Seller a legal transaction (purchase), not directly related to its business or professional activity;
5) Electronic Service – a service within the meaning of the Act of 18 July 2002 on electronic services (Dz.U.2016.1030 i.e., as amended.), Provided electronically by the Service Provider to the Customer through the Service;
6) store or shop online, or Service: Service Electronic, Online Shop, run by the Seller at the Internet address https://www.woodluck4kids.com;
7) Account – E-Service, marked an individual name (login) and password provided by the client, a collection of resources in the IT system of the Service Provider, which collects data provided by the customer, and information on activities in the Shop;
8) Goods or product – goods sold in the store, offered by the Seller;
9) Agreement – a distance contract concerning the purchase of the Goods, concluded as a result of the submission by the Customer orders in the store and its acceptance by the Seller;
10) form – the script provides a means of electronic communication, which allows submission of Orders
11) Order – instruction to purchase the Goods made by the Customer using the means of communication;
12) Newsletter – e- service, electronic distribution service provided by the Service Provider by
e-mail, which allows all users of its customers automatically receive information from service providers recurring content of the next edition of the newsletter-a, containing information on the Site, including new products and promotions in the shop.

CHAPTER 2.

GENERAL AND TECHNICAL INFORMATION

1. Seller offers the following types of services provided by electronic means:
1) online shop, acting through the website, in which customer enters into a contract of sale over the internet, the parties are informed of the sale by electronic mail automatically generated, and the execution of the agreement (in particular the delivery of the Goods), the outside of the internet;
2) newsletter, consisting of transmission by the Seller, on the e-mail client, messages in electronic form containing information on the Site, including new products or promotions in the store;
3) issuing opinions of allowing the Seller’s customers placing on store personal and subjective statements customer in particular relating to the Goods.

2. The Seller provides services electronically in accordance with the Regulations.

3. The technical condition of using the Store is having the client computer or other devices allow you to view the Internet, appropriate software (including browser), Internet access, and current and active e-mail account.

4. It is prohibited to supply the Customer illegal content.

5. Using the Store may be associated with risks typical for using the Internet, spam, viruses, hacker attacks. Seller take action to counter these threats.

6. Conclusion of an agreement for the provision of electronic services occurs via the Store on the Internet. The customer may at any time terminate the use of electronic services by lowering the store or by removing the Client’s account. In this case, the contract for the provision of services drogąelektronicznąrozwiązuje automatically without the need to submit additional declarations of the parties.

7. You can not use the Store anonymously or under a pseudonym.

CHAPTER 3.

PERSONAL DATA

1. The Seller’s personal data provided by the Seller is processed in accordance with applicable law, including pursuant to the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) (OJ L 119, 4.5.2016, hereinafter: “Regulation”). Especially:
1) The seller ensures that these data are:
a) processed in accordance with the law, fairly and transparently for Clients and other data subjects;
(b) collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
(d) correct and, where necessary, kept up to date;
(e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
(f) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures,
2) the Seller applies appropriate technical and organizational measures ensuring protection of the personal data being processed, appropriate to the nature, scope, context and purposes of the processing as well as the risk of violating the rights or freedoms of natural persons;
3) The Seller provides access to personal data and the use of other rights to Clients and other data subjects, in accordance with applicable laws.
2. The basis for the processing of personal data is the consent of the clients or the occurrence of another condition authorizing the processing of personal data according to the Regulation.
3. The Seller guarantees the exercise of the rights of persons whose personal data are processed on the terms resulting from the relevant provisions, including persons entitled to:
1) the right to withdraw consent regarding the processing of personal data;
2) the right to information regarding their personal data;
3) the right to control the processing of data, including their replenishment, updating, straightening or deletion;
4) the right to object to processing or to limit processing;
5) the right to complain to the supervisory body and use other legal means to protect their rights.
4. A person who has access to personal data processes it only on the basis of the Seller’s authorization or the contract to entrust the processing of personal data and only on the Seller’s instructions.
5. The Seller ensures that it does not share personal data with other entities than authorized under the applicable law, unless required by European Union law or Polish law.

CHAPTER 4.

ADDITIONAL INFORMATION

1. Account

1. Registering an account in the Store website is free and requires the following actions: Buyers should complete the registration form stating the specific data and making a statement. On the e-mail client provided by him in the process of registering an account will be sent a link to verify your account. Login to your account is to provide the e-mail address of the Client and password, set by the customer. The password is confidential and should not be shared with anyone. The account allows the Customer to modify the data, checking the history of procurement and procurement. The customer may at any time resign from the account on the Store website by sending an appropriate request to vendors electronically.

2. The account allows the Customer to the introduction or modification of data, making and checking procurement and view the history of procurement.

3. Electronic Account service is provided free of charge for an indefinite period.

4. The customer may at any time resign from the account in the store by sending the appropriate request to the Seller by e-mail: contact@woodluck4kids.com or in writing to the Seller.

2. Newsletter

1. Newsletter service is intended to provide the customer requested information.

2. Using Newsletter-and requires no account registration by the client, but requires an email address and a declaration on the acceptance of the Rules, the processing of personal data, commercial communication.

3. The e-mail client will be sent a link to confirm subscription Newsletter-a.

4. Newsletter service is provided free of charge for an indefinite period.

5. The customer may at any time resign from-Newsletter by sending a request to the appropriate vendors by e-mail: contact@woodluck4kids.com or in writing to the Seller.

3. Opinions

1. Seller allows customers to store the individual and subjective expression (opinion) of the Client, in particular relating to the Goods.

2. The service is provided free of charge for an indefinite period.

3. Using the service is possible anonymously.

4. The seller can use the comments to the needs of content on the store.

CHAPTER 5.

SALES

1. Goods

1. All products offered in the store are new and have no defects.

2. A detailed description of the Goods is located on the side of the store.

3. Goods may be granted a warranty or after-sales services. Detailed information in this regard is the description of the Goods.

2. Orders and their implementation

1. Orders can be submitted by filling out a Form, available in the store.

2. Orders can be placed after registering an account on the Store website or without registering for an account on the Store website (guest purchases).

3. The customer is obliged to carefully fill in the form with all the data in accordance with the facts and identifying the selected method of payment and delivery.

4. The customer gives the Form data and makes a statement on the acceptance of the Rules, the processing of personal data, transfer of commercial information and privacy policy and cookies.

5. Orders in the store can be placed 24 hours a day, 7 days a week. orders
Saturdays, Sundays and holidays are processed the next working day.

6. Confirmation of submission of the Order made by the customer to select a button (field) marked “buy and pay.” Seller will send the customer specified by the customer e-mail confirmation of orders.

7. Delivery time (ie. The date of dispatch of Goods) is from 1 to 30 working days.

3. Payments

1. All prices of goods given in the Store are gross prices in Polish zlotys (prices include VAT). Commodity price does not include the costs referred to in paragraph 2 below. Commodity price indicated at the time of order is binding for both parties.

2. Costs associated with the delivery of the Goods (eg. Transport, delivery, postal services), and any other costs shall be borne by the customer. The amount of these costs may depend on the choice of the customer as to the manner of delivery of the Goods. Information on the amount of these costs are passed on to the stage of procurement.

3. The customer can select the form of payment:
1) transfer of traditional – payment before shipment of the Goods (prepayment). After placing orders Customer shall pay / transfer the amount due to the bank account Store. Execution of orders after the payment is the customer’s bank account Store;
2) Payment through payment system PayPal and Allegro – payment before shipment of the Goods (prepayment). After placing orders Customer shall make the payment via the PayU system and PayPal. Execution of orders after the payment is the customer in the payment system PayPal and Allegro;
3) payment by personal delivery of the Goods (cash or credit card) – customer pays the amount due immediately upon receipt of personal Goods from store Seller. Performance of the contract occurs after the adoption of the Order.
4) payment on delivery of the Goods (COD) – the client pays the amount due immediately upon receipt of the Goods at the courier. Performance of the contract occurs after the adoption of the Order.

4. For each product sold store issued proof of purchase and deliver it to the customer.

5. The Client is obliged to pay within 30 days from the date of the contract of sale. If within this period the customer fails to pay, then – according to art. 491 § 1 of the Civil Code (Dz.U.2016.380 as amended.) – Seller shall designate the customer additional time for payment, failing which will be entitled to withdraw from the contract.

4. Delivery

1. The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.

2. The product is delivered through courier or via post to the Client’s choice. Cash realized through the postal operator should be delivered within 5 working days from the date of dispatch of the Goods, while courier service – within a maximum of 48 hours working day from the date of dispatch of the Goods.

3. Together with the Goods Seller seems Customer all elements of its equipment and manuals, maintenance, and other documents required by the rules of common law.

5. Additional Information for Consumers

1. The agreement is not concluded for an indefinite period and will not be subject to automatic extension.

2. The minimum duration of the consumer’s obligations under the Agreement is the duration of the Agreement, ie. Making the payment and receipt of the Goods.

3. Using the Store by Consumer is not connected with the obligation to provide a deposit or other financial guarantees.

4. Seller is not applicable code of practice referred to in Article. 2 Section 5 of the Act of 23 August 2007. On counteracting unfair market practices (Dz.U.2016.3 as amended.).

CHAPTER 6.

LIABILITY

1. Acceptance of the Goods to the Customer or the carrier to the customer pass the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods. When selling to the consumer the risk of accidental loss or damage to the Goods shall pass to the consumer at the moment of the Goods consumer. For issuance of the Goods believed to his delegation by the Seller to the carrier, if the seller did not affect the choice of the carrier by Consumer.

2. The liability under the warranty is excluded in legal relations with clients.

3. The seller is liable to the consumer if the product has a defect natural or legal person (warranty) pursuant to the provisions of the Civil Code (Dz.U.2016.380 as amended.), On the following principles:
a) physical defect lies in the non-conformity. In particular commodity is inconsistent with the contract if:
i) Goods does not have properties that favor this type should be to the purpose of the agreement marked or resulting from circumstances or destination;
ii) Goods does not have jurisdiction, the existence of which Seller has provided consumer;
iii) Goods not suitable for the purpose for which the consumer has informed the Seller at the conclusion of the contract, and the seller did not raise objections to that of its destination;
iv) consumer goods were released in incomplete state.
c) Goods has the disadvantage legal, if the merchandise is owned by a third party, or if it is loaded with the right of a third party, and if the restriction on the use or disposal of the Goods due to the decision or judgment of a competent authority; in the event of the sale of a seller it is also responsible for the existence of a right;
d) The seller is liable under the warranty for physical defects which existed at the time of the transition danger to the Consumer or resulting from causes inherent in the Goods at the same time.
e) The Seller is exempt from liability under warranty, if the consumer knew of the defect at the time of conclusion of the contract;
f) if a physical defect has been found within one year from the date of the Product, it shall be presumed that the defect or cause existed at the time of transition danger to the Consumer;
g) the seller shall be liable under the warranty if the defect physical will be established within two years from the date of the Product to the consumer, and if the Goods being acquired by the Consumer is used for the movable, the seller shall be liable under the warranty if the defect physical will be established within one year of the date of the Goods;
h) Consumer rights under the warranty are:
i) a reduction in the price of the Goods or a withdrawal from the agreement unless the Seller immediately and without undue inconvenience to the consumer, replace the faulty thing to defect-free or defect remove;
ii) A consumer may instead proposed by the Seller to remove defects require replacement of the product free from defects or instead of exchanging things require removal of defects, unless they bring things into compliance with the agreement in a manner chosen by the consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller. When assessing these costs take into account the value of the goods free of defects, the nature and the importance of the defect, and also takes into account the inconvenience to which subject the Consumer otherwise meet;
i) A consumer who exercises the powers under warranty, is obliged to provide the Seller’s cost for the defective to the place designated in the contract, and if such a place is not specified in the contract – to the place in which the thing was he released.

CHAPTER 7.

PROCEDURE FOR EXAMINATION OF COMPLAINTS

1. Claims relating to defects in the Goods Consumers should be addressed to the Seller in writing. The dispatch of the notice can also inform the Seller by e-mail: contact@woodluck4kids.com

2. The complaint should include a detailed description of the defect Consumer Goods and demand, possibly also photographic documentation.

The Seller shall examine the complaint within 14 days. If the Seller does not reply to the complaint the Consumer within 14 days, it is believed that it considered it justified.

3. If the complaint is accepted, the Seller will take appropriate action as requested by the consumer, referred to in Chapter 6 of the Regulations.

4.You can use the non-judicial means of dealing with complaints and claims in legal relationships with consumers, including:
1) the possibility of resolving disputes electronically via the platform ODR (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;
2) the possibility of arbitration proceedings before an ordinary court or a court of arbitration;
3) the possibility of mediation proceedings with the participation of an independent mediator.

CHAPTER 8.

WITHDRAWAL FROM THE CONTRACT

1. Termination of the Agreement by the Seller or the customer may be on the terms specified in the provisions of the Civil Code (Dz.U.2016.380 as amended.).

2. The consumer has the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.

3. Information about the withdrawal from the Agreement by the Consumer are included in the informed about the right of withdrawal available at the store.

4. The right to withdraw from the Agreement is not entitled to a consumer in respect of contracts:
1) the provision of services if the seller made a full service with the express consent of the consumer, who has been informed before the provision that under the provision by the Seller will lose the right to withdraw from the Agreement;
2) in which the price or remuneration depends on fluctuations in the financial market over which Seller has no control, and which may occur before the deadline to withdraw from the Agreement;
3) in which the Merchandise is for the non-prefabricated, manufactured according to the specifications of the Consumer or maid meet its individual needs;
4) where the goods are perishable thing dispersible or having a short expiration date;
5) in which the Goods is the thing delivered in a sealed container, which after opening the package can not return due to health protection or hygiene reasons, if it were unsealed after delivery;
6) in which the Goods are things that after delivery, due to their nature, are inextricably linked with other things;
7) in which the Goods are alcoholic beverages, the price of which has been agreed at the conclusion of the Agreement, and the supply of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which Seller has no control;
8) where the consumer expressly demanded that Seller to him came to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with consumer demanded or provides things other than the parts necessary for repair or maintenance, the right to withdraw from the Agreement shall have the consumer in relation to additional services or goods;
9) in which the Goods are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
11) contained in a public auction;
12) for the provision of accommodation other than for residential purpose, the carriage of goods, car rental, catering, services related to leisure activities, events, entertainment, sports or cultural, if the agreement marked a day or period of performance;
13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed by the Seller about the loss of the right of withdrawal.

5. Seller shall immediately, not later than 14 days from the date of receipt of the declaration consumer to withdraw from the contract, return the consumer all payments made by him, including the costs of delivery of the Goods. Seller shall refund payments using the same method of payment, which used the consumer, unless the consumer has expressly agreed to a different way of return, which is not binding for him any costs.

6. If the consumer has chosen a method for providing the cheapest things other than the normal delivery offered by the Seller, the Seller is not obliged to return the consumer incurred by him additional costs.

7. The consumer is obliged to return the Goods, together with all items of equipment, including packaging, insofar as it constitutes an important element of the Goods. The seller may withhold reimbursement until the receipt of the Goods or until delivery Sellers proof of his return, depending on which event occurs first.

8. The consumer shall only bear the direct cost of returning the Goods, unless the seller has agreed to bear them or not informed consumer of having to bear these costs.

9. The consumer is liable for any diminished value of the Goods as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

10. In the case of an effective withdrawal from the Agreement. The agreement is considered void.

CHAPTER 9.

INTELLECTUAL PROPERTY

1. The rights to the Website and its contents belong to the Seller.

2. The address of the page under the Which shop is available, as well as web site content www.woodluck4kids.com are subject to copyright and are protected by copyright and intellectual property.

3. All logos, names, graphic design, video, text, forms, scripts, source codes, passwords, trademarks, service marks, etc. Are registered trademarks and belong to the Seller, the manufacturer or distributor of the Goods. Download, copy, modify, reproduce, transmit or distribute any content from www.woodluck4kids.com without the owner’s consent is prohibited.

CHAPTER 10.

FINAL PROVISIONS

1. In matters not regulated in legal relations with customers or consumers, the relevant provisions of applicable law.

2. Any derogation from the Rules must be in writing to be valid.

3. The competent court to resolve the dispute between the Seller and the Customer will be the competent court according to the seat of the Seller. The competent court to settle the dispute between the Seller and the Consumer will be the competent court according to the general rules (court of the defendant’s domicile) or any other convenient for the consumer (according to Art. 31-37 of the Code of Civil Procedure).