ONLINE SHOPPING TERMS & CONDITIONS
The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you” or “the customer”) with AR Design Agnieszka Rammel, hereinafter referred to as “7oczek”, "us" or ”we”, at the www.7oczek.pl website.
By using www.7oczek.pl and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
§ 1 Definitions
- Business day – means a day which is neither a Saturday or Sunday, nor a public holiday in Poland.
- Delivery – is the activity of delivering ordered items to the Customer by a Carrier chosen by the Seller.
- Carrier – company providing shipping services in cooperation with the Seller. It may be: a) private delivery company; b)InPost Paczkomaty Sp. z o.o. registered in Cracow, Poland providing delivery services to parcelshops; c)Poczta Polska S.A (national postal service) with head office placed in Warsaw, Poland.
- Password – unspaced sequence of characters either letters, numbers or other, chosen by the Customer during Registration on our page and used for protecting access to his personal account in the online shop.
- Customer – means individual who places an order on the site www.7oczek.pl and with whom is concluded a contract of sale.
- Consumer – means individual contracting with us a transaction not related with his business activity.
- Customer Account – means the personal account that you will need to register for on the site if you would like to submit an order on the site.
- Entrepreneur – means natural person or organization which is not a legal person, to whom the law accords legal capacity and who runs a business activity and exercises legal activities connected with the latter.
- Terms and conditions – refers to the present document.
- Registration – means the activity of registering a personal account following the rules described herein needed to benefit from all functionalities of 7oczek online shop.
- Seller – refers to Agnieszka Rammel, exercing business activity under the name AR DESIGN Agnieszka Rammel, company with head office in Gliwice (44-121), Willowa 11, registered under the numbers: NIP (tax ID number) 6481074439 and REGON (business ID number) 272448994 in CEIDG (Central Business Register and Information on Business); e-mail email@example.com, owner of www.7oczek.pl online shop.
- Website – refers to websites operating under the domain www.7oczek.pl and being part of our online shop.
- Goods – refers to products presented on our website which may be subject of a contract of sale.
- Durable medium – means a device on which the Customer or the Seller may store information sent directly to the latter allowing access to this information during the period of time to which it relates in unaltered state.
- Contract of sale – means a contract concluded at distance between the Customer and the Seller accordingly to the terms and conditions described herein.
§ 2 General
- All rights to the www.7oczek.pl online shop including copyrights and intellectual property rights to its name, web domain, website, templates, forms, logos published on our website (except for logotypes and photos used for the presentation of items rights to which belong to a third party) belong to the Seller. They can only be used in compliance with the present terms and conditions and an explicit written consent of the Seller.
- An active e-mail account is required to place an order via 7oczek.
- The Customer is obliged not to deliver unlawful contents or to use the online shop, our website or free services delivered by the Seller in unlawful manner or resulting by the infringement of third-party personal rights.
- As our Customer you shall be aware that using services provided on-line, taking into consideration the public character of the Internet, may involve the risk of acquiring or modifying customer data by unauthorized third-party. You should therefore apply proper technical means, allowing to minimize those risks, in particular by the use of an anti-virus and identity theft protection software. We, as the Seller, never ask you to share your password.
- It is prohibited to use the content or functions of our shop for the commercial use violating the interest of the Seller.
§ 3 Registration for the service
- In order to create an account the customer is obliged to register in our shop. The registration is free of charge.
- Registering a personal account is not required to place an order.
- If you want to register an account, you should fill in the registration form available on our website and send it to us by selecting the appropriate option. During the registration process you will be asked to set a password.
- When filling in the registration form, you will be asked to read and accept the Terms and Conditions by checking the relevant box.
- During the registration you can freely agree or not to processing of your personal data for marketing purposes by checking or unchecking the relevant box of the registration form. The Seller informs about the exact purpose of gathering your data and about all predictable recipients of this data.
- The authorization to process your personal data does not condition the possibility to create a customer account. In case you wish to withdraw the authorization given during the registration process, you can address such request to the Seller by e-mail or traditional mail at any time.
- As soon as we receive a completed registration form, we will send a confirmation of registration to the e-mail address provided in the form which formally concludes the contract for provision of Customer Account. From that moment you are granted the access to your personal account and given the possibility to modify all data provided during the registration process.
§ 4 Orders
- Information presented on our website cannot be understood as a sales offer within its meaning defined in the Civil Code, but as an invitation to conclude a contract of sale.
- Placing orders in our shop is possible 7 days/7 24 hours/24.
- To order goods through our website, choose the desired items and add them to your shopping basket by using the button “ADD TO BASKET” on the product page. When all products are added to the basket, you need to select the delivery and payment method and place your order by clicking the button “Order & pay”. You will be informed about the total price of selected items including their delivery and all additional costs.
- Placing an order is understood as making an offer to conclude a contract of sale of goods being the object of the order.
- Once you have placed your order, the Seller sends a confirmation on the e-mail address that you provided.
- After confirming your order, you will be informed by e-mail that your order is being processed. This message is at the same time the declaration of the Seller who agrees to accept customer’s offer as described in the §4 of the present document and is also the explicit conclusion of the contract between both parties.
- Once the contract of sales concluded, the Seller is required to confirm its conditions by sending them via a durable medium to the customer’s e-mail address or by traditional mail to the address provided during the registration or order placement.
§ 5 Payment
- All prices presented on our page include VAT. They do not include the delivery cost or any additional cost incurred by the customer in connection with the contract of sale concluded with the seller. You will be informed about these costs when placing your order.
- We offer the following payment methods: a) bank transfer to our bank account (in such case, the processing of your order will start as soon as we receive the payment and the confirmation of order); b) bank transfer via przelewy24.pl payment system owned by DialCom24 Sp. z o.o. registered in Poznań (in such case the processing of your order will start as soon as we receive the confirmation of your order and an information from przelewy24.pl transfer system confirming that the payment has been made); c)debit card managed by DialCom24 Sp. z o.o. registered in Poznań (in such case the processing of your order will start as soon as you receive the confirmation of your order and DialCom24 Sp. z o.o. transfers to the seller the information about successful transaction); d)PayPal payment system delivered by PayPal Europe S.à r.l. & Cie, S.C.A registered in L-1150 Luxembourg.
- You are obliged to pay for the ordered items within 2 working days from the date of order confirmation.
- Otherwise, you will be informed about an additional payment deadline on a durable medium. You will also be informed that missing this deadline will result in the withdrawal from the contract of sale concluded with the seller. In case we do not receive the payment, you will be sent a declaration of withdrawal pursuant to article 491 of Polish Civil Code.
§ 6 Delivery
- We deliver to Poland and within the European Union.
- Goods purchased in our shop shall be delivered free from defect.
- We present on our website information about the number of business days needed for the processing and delivery of your order.
- Delivery Dates indicated on our website are counted in business days as defined in article 5 (2) of the present document.
- Goods ordered in the shop are delivered by the Carrier to the address indicated in the order. If you select delivery to InPost parcel shops, your order will be delivered to the selected parcel shop.
- You will receive a confirmation e-mail following the shipping of your order.
- You should check the parcel upon its delivery in presence of the Carrier’s employee. If you notice that it’s broken or defective, you should ask the Carrier to draw up a report.
- You will find enclosed to the parcel the invoice listing all purchased products and the delivery costs.
- If you are not available to take delivery or collection, the carrier may leave a card giving you instructions on re-delivery or try to contact you by phone to fix a date on which you will be available. In case your order is returned to the seller, the latter will contact you by e-mail or by phone to fix another delivery date and costs.
§ 7 Implied warranty for defects
- We ensure that the goods are delivered free from defects. We are liable for all physical and legal defects of the delivered goods (implied warranty).
- If the goods purchased in our shop have defects you can:
- Require reduction of the price or withdraw from the contract of sale, unless the seller replaces the defective product immediately or eliminates the defect. This condition is not applicable in case the product has already been replaced or fixed by the seller or if the seller has not replaced the defective product with a defect-free one. You can require the replacement or repair of the product, no matter the solution proposed by the seller, unless the required action is not possible or its costs are extensively higher in comparison with the suggestion of the seller. The estimation of costs includes the value of non-defective product, type and importance of the defect, it also takes into account inconvenience to which you are exposed in case another solution is applied.
- Require the replacement of the product or repair. The seller is obliged to replace the defective goods or repair them without causing excessive inconvenience. The seller has a right to refuse to comply with the request of the customer, if the required solution is impossible to apply or if its application incurs excessive costs. The seller incurs all repair or replacement costs.
- When exercing your right to implied warranty, you are obliged to deliver defective goods to the seller. Delivery costs are covered by the seller (for customers being consumers).
- Implied warranty is in force within two years following the delivery of goods to the customer. The claim for replacement or repair expires after a year, however this period cannot end before the expiry of the period defined in the first sentence. Within this period the customer can withdraw from the contract of sale or request a reduction of price of a defective product. If the customer requested for replacement or repair, the withdrawal or price reduction request deadline is counted from the expiry of the replacement/repair deadline.
- Complaints concerning goods or contracts shall be sent in writing to the seller.
- The complaint is considered by the seller within 14 days following its reception.
- You can also make a complaint concerning free on-line services provided by the seller. Such a complaint shall be sent by e-mail to firstname.lastname@example.org and contain the description of the problem. The complaint is considered by the seller within 14 days following its reception.
§ 8 Right of withdrawal
- Each customer has a right to withdraw from the contract of sale within 14 days without stating any reason.
- The withdrawal deadline is counted from the moment the goods are received by the customer. In order to exercise the right of withdrawal from the contract of sale concluded by means of the on-line shop www.7oczek.pl the customer shall complete a withdrawal form and send it to the seller on email@example.com. The withdrawal form template is available on our website. The withdrawal deadline is considered respected if the withdrawal form is sent before the expiry of the two weeks period. The Seller shall immediately confirm the receipt of the withdrawal form.
- In case of withdrawal, the contract of sale is considered as non-concluded.
- If the customer submits the withdrawal form before the seller accepts his offer, the latter is no longer in force.
- The seller is obliged to refund all payments made by the customer, including the cost of delivering products to the customer within 14 days from the receipt of the withdrawal form. He can however withhold the refund to the time he receives the returned products or a deposit date receipt, whichever comes first.
- If the delivery method chosen by the customer is not the cheapest one offered, the seller is not obliged to refund these additional costs incurred by the customer.
- The customer shall immediately return the purchased goods to the seller, no later than 14 days from the date of withdrawal. This deadline is considered respected if the products are sent back before the expiry of the two weeks period.
- In case of withdrawal from the contract of sale, the customer bears only the direct return costs.
- If the nature of the product makes it impossible to return it by regular post, the seller indicates on his website the cost of return.
- The customer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- We will provide a refund attempting to use the same method used to make the payment. Another payment method may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges.
- The customer may not benefit from the right of withdrawal in case the contract of sale concerns perishable goods.
- The customer may not benefit from the right of withdrawal in case the contract of sale concerns goods delivered in sealed packaging for health or hygienic reasons, provided that the packaging has been opened after the delivery.
§ 9 Free services
- We offer the following free on-line services:
- Contact form;
- Recommend to a friend;
- Customer Account service;
- The services mentioned in point 1 of the present article are delivered 7/7 24/24.
- We reserve the right to choose and change the type, form, time and method of granting access to the services mentioned hereinabove.
- Contact form is as service allowing you to send a message to us by means of our website.
- If you do not want to benefit from the Contact form service, simply stop sending questions the seller.
- To benefit from the Newsletter service, enter your e-mail address in the registration form available on our website. Once we receive the form, we send you a confirmation of receipt to the provided e-mail address. At this moment the Newsletter service is activated. You can also subscribe directly to the service by checking the correct option in the registration form.
- All customers subscribed to the Newsletter receive e-mail messages with information about new products or services available in the shop.
- Newsletter messages contain: information about the sender, “subject” field containing information about the content of the message and the method of cancelling the subscription.
- You can cancel your subscription to the Newsletter at any time by clicking the cancellation link provided in every edition of the Newsletter or by activating an appropriate option in your account.
- The option Recommend to a friend allows you to recommend a selected product from our shop to a friend by sending him an e-mail message using the form available on our site. You cannot use the service for purposes other than recommendation of products. Recommending a product does not imply any benefits or compensation.
- If you do not want to benefit from the Recommendation service, simply stop sending recommendation messages from our website.
- Customer account service is available after registration, such as described in the present document. Within this service, granted the access to your personal account and given the possibility to modify all data provided during the registration process and check the history of your orders.
- You can request the deletion of your customer account. It will be removed within 14 days following the reception of the deletion request.
- We have a right to block your access to your account or other free services in case you act against our interest, the law or terms and conditions provided in this document. Blocking services is also justified on ground of security reasons, in particular: breaching website security protection or other acts consider as hacker attacks. The access to services is blocked for the time needed to solve the case, the cause of blocking. The customer is informed about the blocking of his account by e-mail.
§ 10 Personal data protection
- We administrate all personal data provided by the customers during registration, placing an order or other services or circumstances defined in this document.
- We process personal data of our customers for processing orders, provide on-line services or other purposes defined herein. We process personal data in accordance with the law and only under your consent.
- All personal data that we gather are reported to GIODO (The Inspector General for the Protection of Personal Data).
- You have a right not to provide your personal data, however, some of them are required to register an account or place an order.
- You have a right to access and correct all personal data that you deliver to the seller.
- We ensure the possibility of removing your personal data from our records, particularly in case of deleting a customer account. We can however refuse to remove your personal information, in case of unpaid invoices or if you have breached the law in force and this information is necessary to explain the circumstances or to determine your liability.
- We protect your personal data and secure that it is not revealed or taken by any unauthorized persons, processed contrary to the law or changed, damaged or destroyed.
- We pass you personal data on to the Carrier only to the extent that is necessary to deliver goods.
- If you select przelewy24.pl as payment method, your personal information will be shared to the extent necessary for the processing of your payment to DialCom24 Sp. z o.o. established in Poznań (60-327 Poznań, ul. Kanclerska 15), registered in the trade register held by the District Court of Poznań Nowe Miasto i Wilda, VII Division of the National Court Register under the number 0000306513.
§ 11 Termination of contract (not applicable for the Contracts of sale)
- Both the seller and the customer have a right to terminate the contract of provision of on-line services at any time and without stating any reason, without prejudice to rights acquired by the contractor before the termination of the contract and the provisions below.
- Customer registered on the website terminates the contract of provision of on-line services by sending to the seller an appropriate statement. This statement may be delivered using any distance communication method allowing the seller to access the document.
- The Seller terminates the contract of provision of on-line services by sending an appropriate statement to the e-mail address provided by the customer during the registration.
§ 12 Final provisions
- The seller is liable for non-performance or improper performance of the contract. In case of contracts concluded with entrepreneurs, the seller is liable only in case of deliberate damage and to the extent of actual loss of the entrepreneur.
- The content of these terms and conditions may be printed, saved on a medium or downloaded from our website at any time.
- Where a dispute arises relating to the contract concluded, parties will seek to settle the matter on amicable terms. All disputes are subject to Polish law.
- You have a right to benefit from extrajudicial means of complaint and redress. In such case, you have the possibility to use mediation. The list of mediators and mediation centers is provided by the Presidents of District Courts.
- The seller reserves the right to introduce changes to the present terms and conditions. All orders placed before the date of entry into force of the new terms and conditions are processed according to the terms and conditions in force on the date of placing the order. Changes in Terms and Conditions enter into force within 7 days from their publication on our website. You will be informed about all changes to the following terms and conditions by e-mail 7 days before their entry into force. If you do not accept the changes to the terms and conditions, you are obliged to inform the seller about that fact, which results in termination of the contract according to article 11 of the present document.
- The present Terms and conditions come into force on 15.12.2015.