WEB STORE REGULATIONS
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- Main Provisions.
1.1. Web Store at queensleep.pl (hereinafter - the Store) is the property of Aleksandra Szarkowska (hereinafter - the Seller), doing business under the name Aleksandra Szarkowska, company address: ul. Czerniakowska 71/505, 00-715, Warszawa, Poland. REGON: 388120976, NIP: 9512514238 entered in the Central Register of Information on Business Activities held by the Minister of Economy (www.firma.gov.pl), tel.: +48 608 880 222
1.2. These Regulations determine the rules of using the Store, in particular the rights and obligations of the Seller and the Customer, the rules of order placement, conclusion and termination of contracts for the sale of goods offered by the Seller, as well as the rules of execution of these contracts and the rules of handling complaints, as well as the protection of personal data. These Regulations also define the rules for the provision of electronic services, which are provided only to the extent that Buyers may make purchases through the Store.
1.3. may access these Regulations at any time free of charge on the Shop's web pages, including downloading and archiving the contents of the Regulations or printing them out. The Regulations are also available to customers during the ordering process.
1.4. These Regulations are addressed to both consumers and businesses using the Store, except for paragraphs 7 and 8 of the Regulations, which are addressed only to customers who are consumers, and except for those provisions of the Regulations that are explicitly addressed to consumers.
1.5. Customers may communicate with the Seller by e-mail, as well as by telephone and in writing (contact details are specified in clause 1.1 of the Regulations), while Customers place orders using the order form in accordance with the procedure stipulated in clause. 3 of these Regulations.
1.6. Any announcements, advertisements, price lists and other information posted on the Store's website relating to the products displayed there are not an offer within the meaning of the Civil Code, but an invitation to conclude a contract within the meaning of Article 71 of the Civil Code of the Republic of Poland.
- Services provided electronically.
2.1. The Seller provides electronic services consisting in allowing customers to create a user account on the Store's website and providing customers with an order form on the Store's website.
2.2. The order form service allows customers to place orders (wills) for goods offered by the Seller through the Store's website in accordance with the procedure stipulated in clause 3 of the Regulations. The service is free of charge and is of a one-time nature. The service ends immediately after placing an order.
2.3. To view the Store product range and place orders, you need a computer or other multimedia device with Internet access and an operating system that allows running a web browser (e.g. Mozilla Firefox, Google Chrome, Opera, Internet Explorer) that supports Javascript scripts, and an active email account.
2.4. Seller reports that the main threats associated with the use of the service provided electronically via the Internet include, inter alia, the intervention of third parties (so-called hackers), computer viruses, Trojan horses or spam (unsolicited electronic messages sent simultaneously to many recipients). For the benefit of each user of the services provided via the Internet, legal and up-to-date software is installed that protects the user's device from the aforementioned threats.
2.5. Customers using the Store are required to refrain from any illegal activity, in particular from providing illegal content and from interfering with the content of the Store or its technical elements.
2.6. Complaints about services provided electronically may be submitted in writing or by e-mail (contact information is specified in clause 1.1. of the Rules). Complaints shall be considered by the Seller within 14 days.
- The procedure of concluding the contract of sale.
3.1. The Store accepts Customers' orders through the website queensleep.eu/ru. Orders can be placed 24 hours a day, 7 days a week. Placing an order by the Customer at the Store constitutes an offer to enter into a Purchase-Sales Agreement of goods that are the subject of the order within the meaning of Article 66 § 1 of the Civil Code of the Republic of Poland.
3.2. Placing an order means choosing the type and quantity of goods on the queensleep.eu/ru website by clicking "Add to cart", completing the order form, choosing the method of payment and delivery, and then, confirming and submitting the order by clicking "Order and pay". Orders placed through the Store entail the obligation to pay.
3.3. A mandatory element of the ordering procedure is that the Customer reads and accepts these Regulations, which the Customer confirms by checking the appropriate box before the final processing of the order. Failure to accept these Regulations when placing an order prevents the use of the opportunity to purchase goods through the Store and requires agreeing the terms of the transaction in another form.3.4. After the Customer sends the correctly completed order form, the Store immediately confirms the receipt of the order by sending a corresponding email to the Customer's email address indicated by the Customer. Upon receipt of the above-mentioned email by the Customer, the contract of sale is concluded between the Customer and the Seller. This type of e-mail is also a confirmation of conclusion of the remote contract. The attachment to the e-mail is a PDF document containing all order details and the withdrawal form.
3.4. Agreements concluded through the Store are concluded in Polish or any other selected language.
- Prices and payment.
4.1. Prices for products displayed on the Store pages are gross prices (i.e., they include VAT) and are expressed in the euro (EUR) currency.
4.2. The prices of products listed on the Store's website do not include shipping costs. The cost of product delivery (including shipping, delivery and postage costs) shall be indicated to the Buyer when placing an order, including when the Customer expresses their wish to conclude a Purchase-Sales Agreement. The cost of delivery depends on the delivery method selected when placing the order. The total cost of the order, including the price of the goods and the cost of delivery, is displayed in the order summary.
4.3. The binding and final price is the price at the time the buyer places the order.
4.4. Fiscal receipts, bills or invoices are issued for all items ordered from the Store.
5.1. Delivery of goods to the Customer is made on a fee basis, unless otherwise stipulated in the contract of sale (see Clause 4.2. of the Rules) or the Customer organizes the transportation or self-delivery on their own.
5.2. The ordered goods shall be delivered by the courier service DPD. The ordered products shall be delivered - depending on the Customer's choice - directly to the address of the Customer specified in the order form.
5.3. Delivery of goods ordered through the Store is made within the European Union. If you want to buy an item with a delivery place outside the territory of the European Union, please contact the Store before placing an order to determine the possibility of delivery and its cost. In this case, the shipping costs are determined individually and are reported to the Customer before placing the order.
5.4. The turnaround time is from 1 to 3 working days counting from the date of ordering by the Customer, if other date is not specified in the description of the goods or at registration of the order.
5.5. After receiving the parcel, the Customer should check the condition of the parcel, if possible, in the presence of the courier service representative. In case of cargo damage during transportation, it is recommended, if possible, to refuse the receipt of cargo by the Customer or write a protocol in the presence of the representative of the courier service, specifying the cargo condition and the circumstances of damage, which will greatly simplify the possible consideration of claims.
- Complaint Procedure.
6.1. The Store is obliged to deliver the goods sold to Customers free of physical and legal defects. In case of a defect of the purchased goods, the Customers have the rights stipulated in the Act of 23 April 1964 of the Polish Civil Code (Journal of Laws of 2014, item 121, as amended), in particular the part concerning the warranty (Article 556 et seq.).
6.2. Complaints shall be filed at the address of the Store's headquarters specified in point 1.1 of the Regulations. A complaint must contain the contact details of the Customer, information on the type of defects and the date of their detection, the Customer's request and, in case of doubts, also the proof of purchase of the goods complained about in the Store. The above-mentioned content of the complaint is in the form of a recommendation, and complaints with other content will also be considered by the Seller.
6.3. If it is necessary for the Seller to examine the goods sold in order to examine the complaint, the Customer exercising the rights under warranty shall be obliged to deliver the goods at the expense of the Seller to the place specified in the contract of sale, or if such place is not specified in the contract - to the place from which the goods were sent to the Customer. If, because of the type of product or method of installation, delivery of the goods by the Customer would be excessively difficult, the Customer shall provide the goods to the Seller at the place where they are located.
6.4. The Store will respond to the Customer's complaint within 14 days.
- The right to withdraw from the Agreement.
7.1. In accordance with Article 27 of the Consumer Rights Act of 30 May 2014 of the Republic of Poland (Journal of Laws of 2014, item 827), a Customer who is a consumer who has entered into a distance Purchase-Sales Agreement through the Store may withdraw from it within 14 days without giving a reason, and shall not incur any costs other than those referred to in paragraphs 7.4 and 7.7 of the Regulations. The instructions on the right of withdrawal, containing in particular information on the method and date of exercising the right of withdrawal from the Agreement, as well as the costs of returning the items in the event of withdrawal from the contract, which are borne by the Customer, are attached as Appendix. 1 to these Regulations.
7.2 The Customer may use the sample application for withdrawal from the Agreement, which is annexed to the Act of 30 May 2014 on Consumer Rights of the Republic of Poland (Journal of Laws of 2014, item 827), as well as the return form sent to the email address of the Customer after placing the order, but this is not mandatory.
7.3. In case of withdrawal from the Purchase-Sales Agreement, the Agreement is considered invalid. If the Customer, who is a consumer, has submitted statements before the Seller accepted his offer, the offer is no longer binding.
7.4. In the case of returns, the cost of shipping the goods from the Buyer to the Seller shall be at the Customer's expense.
7.5. The Customer shall be liable for the reduction of the value of the item as a result of its use in a manner that goes beyond what is necessary to determine the nature and characteristics of the functioning of the item.
7.6. The Customer is not entitled to refuse remote Agreements listed in Art. 38 of the Law of 30 May 2014 on the Consumer Rights of the Republic of Poland (Journal of Laws of 2014, item 827), in particular:
- a) in which the subject of the service is a non-factory product manufactured in accordance with the specifications of the consumer or serving to meet his individual needs;
- b) in which the subject of the service is an item that spoils quickly or has a short shelf life;
- c) where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
- d) in which the subject matter of the service is items which, by their nature, are inseparable from other items after delivery.
7.7. If the Customer has requested the commencement of services (if the Seller's offer provides such services at all) prior to the deadline for termination, the Customer shall pay to the Seller an amount proportional to the scope of services provided until such time as the Customer has informed the Seller of the termination of the Agreement.
7.8. The Customer shall secure the returned goods in such a manner as to minimize the risk of damage in transit.
- Out-of-court ways of handling complaints and refunds.
8.1 If the Seller does not accept the complaint of the Customer, who is a consumer, and the latter does not agree with his decision, they can use the available extrajudicial means of complaint and compensation of damages.
8.2. In particular, the Customer has the opportunity to request the appropriate trade inspection inspector to initiate a mediation procedure regarding an amicable settlement of the dispute between the buyer and the seller in accordance with Article 36 of the Act of 15 December 2000. "On Trade Inspection" of the Republic of Poland (Journal of Laws of 2001, No. 4, p. 25, as amended). Mediation is voluntary (both parties must agree to it) and any possible settlement of the parties must also be the result of agreement between both parties. Filing a request for mediation does not guarantee that mediation will take place, let alone result.
8.3. The client also has the possibility to request settlement of a dispute arising from a concluded contract of sale in the permanent consumer arbitration court with the Province Inspector of the Trade Inspectorate, referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspectorate of the Republic of Poland. "On Trade Inspection" of the Republic of Poland (Journal of Laws of 2001, No. 4, p. 25, as amended). Rules for the organization and operation of permanent consumer arbitration courts are laid down in the Ordinance of the Minister of Justice of 25 September 2001 on rules for the organization and operation of permanent consumer arbitration courts (Journal of Laws of 2001, No 113, item 1214).
8.4. Detailed information on extrajudicial methods of dealing with complaints and damages is also available at the offices and websites of Poviat (municipal) ombudsmen for consumer rights, NGOs, whose statutory tasks include consumer protection and voivodeship trade inspectorates.
- Protection of personal data
- The administrator of personal data provided by the Customer when using the Store is the Seller.
- The Customer's personal data is processed on the basis of the contract and for its performance, in accordance with the principles set out in the General Data Protection Regulation (GDPR) of the European Parliament and of the Council (EU). Details of Seller's data processing are included in the privacy policy posted on the Store.
- Closing Provisions.
10.1. The Seller observes all consumer rights provided for by the provisions of generally applicable law, in particular the Law of May 30, 2014 on Consumer Rights of the Republic of Poland (Journal of Laws of 2014, item 827). Consequently, the provisions of these regulations are not intended to exclude or limit any consumer rights under the law. Any possible doubts should be explained in favor of consumers using the Store. Less consumer-friendly provisions of these Regulations than the provisions of the aforementioned legislation shall be deemed invalid and shall be replaced by the provisions of the aforementioned legislation.
10.2. The Regulations may be amended for important reasons, in particular if the law changes. In the case of continuous Agreements under these Regulations, the amended Regulations shall bind the Customer, according to the requirements specified in Art. 384 and 3841 of the Civil Code of the Republic of Poland, if the Customer was duly informed of the changes and did not terminate the contract within 14 days from the date of notification. In the case of Agreements of a nature other than continuous, based on these Regulations, the amendments to the Regulations will not in any way violate the rights of Customers purchased before the date of entry into force of the amendments.
10.3. Agreement Appendices: 1. Information on the right to withdraw from the agreement, 2. Form of application for withdrawal from the agreement. These annexes are an integral part of the Regulations.
10.4. The Regulations have been in force since December 25, 2014. Existing provisions apply to Agreements concluded before the effective date of the Act of 30 May 2014 on Consumer Rights of the Republic of Poland (Journal of Laws of 2014, p. 827) and these Regulations.
INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT
(Article 27 of the Polish Consumer Rights Act of 30 May 2014)
Right to withdraw from the Agreement
You have the right to withdraw from this Agreement within 14 days without giving a reason.
The right expires 14 days from the day you or a third party designated by the Customer, other than the carrier designated by you, physically takes possession of the goods.
In order to exercise the right to withdraw from the contract, you must inform us (address: ul. Krzysztofa Kieślowskiego 5/2, 02-962, Warszawa, Poland, tel. +48 608 880 222) of your decision to withdraw from this Agreement by an explicit statement (e.g. by letter or email).
In order to meet the deadline for withdrawing from the Agreement, you only need to send information about exercising your right to withdraw before the deadline expires.
Consequences of Withdrawing from Agreement:
If you withdraw from this Agreement, we will immediately reimburse you for all payments received from you, except for shipping costs, and in any case no later than 14 days from the date we were informed of your decision to exercise your right to withdraw from the Agreement.
We will refund the payment using the same method of payment that you used in the original transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of this refund. We may suspend the refund until we receive the item or until we are provided with proof of return, whichever occurs first.
Please send back or give us the goods immediately, but in any case no later than 14 days from the day you informed us of your rejection of this contract. The deadline is considered met if you ship the item before the 14-day deadline has passed.
You will have to bear the direct cost of returning the item. You will only be responsible for the diminished value of the items as a result of their use.
AGREEMENT CANCELLATION FORM
(This form should only be completed and returned if you wish to cancel the Agreement)
- Recipient:
- I/we (*) hereby inform (*) of my/our withdrawal from the Purchase-Sales Agreement of the following items (*): .................................................. ............................................. .................................................. .............................................
- Date of Agreement (*) / receiving the goods (*): .................................................. .............................................
- Name and surname of the Customer (s): .................................................. .............................................
- Address of the Customer(s): .................................................. .............................................
- Signature of the Customer (s): ......................................... ... (only if the form is sent in paper form)
- Date: ............................
