Online store regulations


§ 1


Preliminary Provisions

The BABY OPERA Online Store, available at www.babyopera.pl, is run by Justyna Reczeniedi who operates a  company under the name BABY OPERA, Justyna Reczeniedi, ul. Wojska Polskiego 52, 05-822 Milanówek, entered into the Central Register and Information System for Economic Activity (CEIDG), kept by the minister for the economy, NIP 524 216 43 92, REGON 380655985.


§ 2


Definitions

1. Consumer – a person who enters into a contract with the Seller through the Store, for the purchase of an item for personal use.

2. Seller - Justyna Reczeniedi,  operating the company under the name BABY OPERA, entered into the Central Register and Information System for Economic Activity (CEIDG) kept by the minister for the economy, NIP 524 216 43 92, REGON 380655985

3. Customer - any entity making purchases through the Store.

4. Entrepreneur - any natural person, legal person or organizational unit which is not a legal person, that has been given legal capacity under a separate law and that conducts business activity on its own behalf, that is a user of the Store.

5. Store - the Online Store run by the Seller at the Internet address www.babyopera.pl

6. Distance contract - a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to the moment of the conclusion of the contract.

7. Regulations - the Regulations of the Online Store.

8. Order - the Customer's declaration of intent made on the basis of the Order Form that is aimed directly at the conclusion of a Contract of Sale for a Product or Products with the Seller.

9. Account - the Customer's account in the Online Store, on which data provided by the Customer and information about Orders placed by the Customer is stored.

10. Registration form - a form available on the Online Store that allows you to create an Account.

11. Order form - an interactive form available on the Online Store that allows for the placing of an Order, in particular by adding Products to the Basket and specifying the terms of the Contract of Sale, including the method of delivery and payment.

12. Basket - an element of the Online Store's software in which the Products selected for purchase by the Customer are visible, and which allows for the review and modification of Order data, in particular the quantity of products.

13. Product - an item/service available on the Online Store that is the subject of the Contract of Sale between the Customer and the Seller.

14. Contract of Sale - a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Contract of Sale also means – depending on the features of the Product - a contract for the provision of services and a contract of commission.


§ 3


Contact with the Store

1. Seller’s address: ul. Wojska Polskiego 52, 05-822 Milanówek, Poland.

2. Seller’s e-mail: babyopera2018@gmail.com

3. Seller’s phone number: +48 517-943-468

4. Seller’s bank account number: 57 1140 2004 0000 3202 7779 7442

5. Customer can contact the Seller by post at the address given above or by phone on the number given above.

6. Contact by telephone is possible between the hours of 10:00-18:00.


§ 4


Technical requirements


In order to use the Store, whether for the purpose of viewing Products on offer or placing orders for Products, you will need the following: a) an end device with access to the Internet and a web browser such as Microsoft, Internet Explorer, Firefox, Chrome, Opera and others. b) an active e-mail account, c) cookies enabled, d) FlashPlayer installed.


§ 5


General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Online Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

2. An Account is not required in order to view the Online Store's product assortment. Orders can be placed by the Customer either after creating an Account in accordance with the provisions of § 6 of these Regulations or after providing the necessary personal and address information that will enable the Order to be processed without creating an Account.

3. The prices specified on the Online Store are given in Polish zlotys and are gross prices (inclusive of VAT).

4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Online Store at the time of placing the Order, and also when agreeing to be bound by the Contract of Sale.

5. In the case of a Contract involving a subscription or provision of services for an indefinite period, the final price is the total price that includes all payments for the settlement period.

6. If the nature of the item or service being sold under the Contract does not reasonably allow for the calculation of the final price in advance, then information about the manner in which the price will be calculated, as well as about any potential charges for transport, delivery, postal services and other costs, will be provided on the Online Store in the Product description.


§ 6


Setting up an Account on the Online Store

1. Setting up an Account on the Online Store will require completion of the Registration Form. It is necessary to provide the following data: e-mail, name and surname, password.

2. There is no charge for opening an Account on the Online Store.

3. For the purposes of logging into the Account the login and password set in the Registration Form will be required.

4. The Customer may at any time, without giving a reason and without incurring any fees, delete a created Account by sending a relevant request to the Seller, in particular via e-mail or in writing, to the addresses provided in § 3.


§ 7


Rules for submission of Orders


For the purpose of submitting an Order you will be required to:

1. login to the Online Store (optional);

2. select the Products that you intend to include in the Order, and then click "Add to Basket" (or equivalent);

3. login to your Account or select the option to proceed with the Order without registration;

4. if you select the option to place an Order without registration – you should complete the Order Form by entering the Order recipient's details and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the invoice data, if different from the recipient's data,

5. click on "Checkout" and confirm the order by clicking on the link sent in the email,

6. select one of the available payment methods and depending on the method chosen, pay for the Order within the appropriate time period, subject to § 8.3 below.


§ 8


Available methods of delivery and payment

1. The Customer may select one of the following options for delivery or collection of the ordered Product: Delivery by courier 

2. The Customer may use any of the following payment methods: a. Payment by bank transfer directly to the Seller's account b. Electronic payments c. Payment by card.

3. Additional information on the available methods of delivery and available payment methods can be found on the Online Store.


§ 9


Performance of the Contract of Sale

1. The Contract of Sale between the Customer and the Seller is concluded once the Customer has placed an Order using the Order Form on the Online Store in accordance with § 7 of these Regulations.

2. After an Order is made, the Seller immediately confirms the receipt of such Order and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance is done by sending the Customer an appropriate e-mail to the e-mail address provided at the time of the submission of the Order, and contains at least the Seller's statement about the receipt of the Order and its acceptance for implementation as well as confirmation of the conclusion of the Contract of Sale. Upon receipt of the above e-mail by the Customer, the Contract of Sale between the Customer and the Seller is deemed concluded.

3. If the Customer selects payment by bank transfer, electronic payment or payment by credit/debit card, the Customer is obliged to make the payment within 1 calendar day from the date of the Contract of Sale - otherwise the order will be cancelled. If the Customer selects the option to pay cash upon delivery, the Customer is obliged to make the payment upon delivery.

4. If the Customer has chosen a delivery method other than personal collection, the Product will be sent by the Seller within the time specified in the Product description (subject to point 5 of this paragraph), in the manner selected by the Customer when placing the Order.

5. A. When ordering Products with different delivery times, the delivery date will be the longest of the specified dates. B When ordering Products with different delivery times, the Customer may request the delivery of the ordered Products in parts or choose to wait until all Products are ready for delivery. 

6. The delivery time of the Product to the Customer is calculated as follows: a) If the Customer selects payment by bank transfer, electronic payment or a payment card – the delivery time starts from the date on which the Seller's bank account is credited with the relevant payment. b) If the Customer selects payment upon delivery – the delivery time starts from the date of the Contract of Sale. c) If the Customer chooses to collect the Product personally, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by an e-mail sent to the e-mail address provided by the Customer when placing the Order.

7. When ordering Products with different collection dates, the Customer may collect the Products in parts (according to their readiness for collection) or collect all Products once the entire order is ready for collection.

8. The collection time for Products that the Customer has opted to collect personally is calculated as follows: a) If the Customer has selected payment by bank transfer, electronic payment or a payment card – the collection time runs from the date on which the Seller's bank account is credited with the relevant payment. b) If the Customer has selected payment upon collection – the collection time runs from the date of the conclusion of the Contract of Sale.

9. Deliveries can only be made within Poland.

10. Delivery of Products to the Customer is subject to a delivery fee, unless the Contract of Sale specifies otherwise. Delivery fees (including fees for transport, delivery and postal services) are available for review by the Customer on the Online Store's website under the "Delivery costs" tab and upon placing an Order, including once the Customer has agreed to be bound by the Contract of Sale.

§ 10

Right to withdraw from the contract

1. The consumer has the right to withdraw from the Contract of Sale within 14 days without giving a reason. The product must not show any signs of use and must be returned in its original packaging.

2. The 14 day period specified in para. 1 above begins on the date of the delivery of the Product to the Consumer or a person designated by them, other than the carrier.

3. The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. In order to meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.

4. The statement may be sent by traditional mail or by electronic means to the Seller's e-mail address or may be submitted through the Seller's website - the Seller's contact details are specified in § 3.

5. In the event of such statement being sent by the Consumer electronically, the Seller shall immediately provide the Consumer with a confirmation of receipt of the statement of withdrawal from the Contract that shall be sent to the e-mail address provided by the Consumer.

6. Effects of withdrawal from the Contract: a. In the event of withdrawal from a distance Contract, the Contract is considered void. b. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract, all payments made by the Consumer, including costs of delivery, excluding any additional costs resulting from the way the Product is delivered. The Consumer sends the product at his own expense and risk. c. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any additional costs. d. The Seller may withhold reimbursement until receipt of the Product being returned or until proof of its return is provided to him, whichever occurs first. e. The Consumer should return the Product to the Seller's address provided in these Regulations without delay, no later than 14 days from the day on which he informed the Seller about withdrawal from the Contract. In order to meet this deadline it is sufficient for the Consumer to send the Product before the expiry of the 14 day period. f. The consumer bears the direct cost of returning the Product. g. The Consumer is only responsible for any decrease in the value of the Product that resulted from its use in a manner other than that which was necessary to establish the nature, characteristics and functionality of the Product.

7. The Consumer’s right to withdraw from a distance contract shall not apply with respect to a contract which: a. relates to a non-prefabricated item, manufactured according to the Consumer's specification or to serving to satisfy his individualized needs, b. relates to items that, following delivery, become, due to their nature, inseparably connected with other things, c. relates to sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery, d. relates to digital content that is not saved on a tangible medium, if the performance of the contractual duty began with the express consent of the Consumer before the deadline for withdrawal from the contract and after the Consumer was informed, by the Seller, about the loss of the right to withdraw from the Contract.

§ 11

Complaints and guarantee

1. The Contract of Sale covers only New Products. 

2. The Seller is obliged to provide the Customer with a product that is free from defects.

3. In the event of a defect in the goods purchased from the Seller, the Customer is entitled to file a complaint based on the warranty provisions of the Civil Code. The Customer may not withdraw from the contract if the defect is insignificant.

4. Complaints should be submitted in writing or by e-mail to the addresses provided by the Seller in these Regulations.

5. It is recommended that the complaint include, inter alia, a brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in relation to the defective goods.

6. The Seller shall respond to a complaint without delay, and if the Customer is the Consumer - no later than within 14 days. If the Customer is the Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer's demand was valid.

7. Items returned under the complaints procedure should be sent to the address given in § 3 of these Regulations.

§ 12

Out-of-court complaint and redress procedures

1. Detailed information about the Consumer’s right to use extrajudicial means of dealing with complaints and redress, as well as the rules applicable to  the use of these procedures, are available at the registered offices and on the websites of the County (Municipal) consumer ombudsmen, social organizations whose statutory tasks cover consumer protection, Provincial Trade Inspectorates as well as at the following internet 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.

2. Examples of the possibilities that the Consumer has to use extrajudicial methods of dealing with complaints and redress: a. The Consumer is entitled to apply to a permanent consumer arbitration tribunal, as described in art. 37 of the Trade Inspectorate Act of 15th December, 2000 (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Contract concluded with the Seller. b. The Consumer is entitled to apply to the provincial Trade Inspectorate, in accordance with art. 36 of the Trade Inspectorate Act of 15th December, 2000 (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings aimed at the amicable settlement of the dispute between the Consumer and the Seller. c. The Consumer may obtain free of charge assistance with resolving the dispute between him and the Seller, including also the free of charge assistance from the County (Municipal) consumer ombudsman or from a social organization whose statutory tasks cover consumer protection (including the Consumer Federation, Association of Polish Consumers).


§ 13


Personal data stored in the Online Store

1. The administrator of Customers personal data collected through the Online Store is the Seller.

2. Customers' personal data collected by the administrator via the Online Store are collected for the purposes of implementing the Contract of Sale, and if the Customer grants his consent - also for marketing purposes.

3. The recipients of Customers’ personal data held by the Online Store may be: a. In the case of a Customer who selects delivery by post or courier, the Administrator provides the collected personal data of the Customer to the selected carrier or intermediary performing the shipment at the request of the Administrator. b. In the case of a Customer who selects to pay with the use of either electronic payments or a payment card, the Administrator provides the collected personal data of the Customer to the selected entity operating the above payments systems for the Online Store.

4. Customers have the right to access their data and make corrections to their data.

5. Providing of personal data is voluntary, however failure to provide the personal data indicated in the Regulations as necessary to conclude the Contract of Sale will result in the inability to conclude such Contract of Sale.


§ 14


Final Provisions

1. Contracts concluded through the Online Store are concluded in Polish.

2. The Seller reserves the right to amend the Regulations for important reasons, that include: changes in the law, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about any change at least 7 days in advance.

3. For all matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular the provisions of: the Civil Code; Act governing the provision of electronic services; the Consumer Rights Act and the Personal Data Protection Act.

4. The Customer has the right to use extrajudicial means of dealing with complaints and redress. For this purpose, the Customer may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.