ONLINE STORE TERMS AND CONDITIONS www.thelittleheaven.com
GLOSSARY OF TERMS
The following definitions have been adopted for the purpose of these “Terms and Conditions”:
1) „Terms and Conditions” – these Terms and Conditions;
2) „Seller” or „Service Provider” (used interchangeably) – Daria Neckelius, performing business operations under the following name: Daria Neckelius, ul. Branickiego 11/78, 02-972 Warszawa, NIP [Tax Identification Number]: 813-345-8541 REGON [Statistical Number]: 180958670, e-mail address: email@example.com;
a) A natural person/an individual who has full capacity to perform legal actions;
b) A legal person;
c) An organizational unit who is not a legal person, but who is granted legal capacity by virtue of the Statute;
– who entered into the agreement via the Online Store;
4) „Shop Online” – the Service Provider’s Online Store available at the following url: www.thelittleheaven.com and its other sub-sites and other language versions,
5) „Product” – the Product available in the Online Store – a commodity being a subject of the Sales Agreement between the Buyer and the Seller;
6) „Business Day” – any day of the week from Monday to Friday except for national holidays;
7) „Registration Form” – a form available in the Online Store enabling creation of an Account;
8) „Order Form” – an electronic service available in the Online Store enabling placing an Order by a Buyer, in particular by adding Products to the Shopping Cart and determination of the conditions of the Agreement including the manner of delivery and payment;
9) „Order” – the Customer’s declaration of will placed via the Order Form, aimed at execution of the sales agreement;
10) „User” or „Service User” (used interchangeably) – every person visiting or using the Online Store via the Web browser;
11) „Civil Code” – the Act of 23 April 1964 the Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended);
12) „Account” – an Electronic Service, a set of resources in the Service Provider’s IT system labelled with an individual name (login) and password provided by the Service Provider, where data indicated by the Service User is collected and information about the Orders placed by him/her in the Online Store
13) „Agreement” – the Product Sales Agreement executed between a Buyer and a Seller via an Online Store;
14) „Electronic Service” – a service provided electronically by the Service Provider for the Service User via the Online Store
15) „Act on Consumer Rights” – the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 927 as amended);
16)„Consumer” – a natural person/an individual performing a legal activity, entering into an Agreement not directly related to his/her business or professional operations;
17) „Entrepreneur” – a natural person/an individual, a legal person and an organizational unit referred to in Article 331 para. 1 of the Civil Code performing business or professional operations on his/her own account.
1. These Terms and Conditions govern the principles of using the Online Store and execution of Agreements through the Online Store, and the principles of their performance.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs except for Article 14 of these Terms and Conditions which is addressed solely to the Entrepreneurs.
3. Making the Seller’s product offering available to the User via the Online Store shall be free of charge; in particular, the Service Provider takes no payments for viewing the offers.
4. Costs incurred by the User shall be related solely to purchase of Products in the Online Store, their delivery to a Buyer and with potential customs duties/import taxes pursuant to general provisions of law effective in the country of the supply.
1. The use of the Online Store requires a properly configured computer connected to the Internet, with a low-resolution screen.
2. The use of selected functionalities of the Online Store shall also be possible using compatible tablets and smartphones.
3. The Service Provider assumes no responsibility for any problems experienced while using the aforementioned devices that could arise from incorrect User’s software or hardware configuration or any problems related to his/her Internet connection, as well as temporary problems with operation of the above due to their failure or maintenance.
ELECTRONIC SERVICES IN THE STORE
1. Electronic services such as: Account and Order Form shall be available in the Online Store:
„Account”– it may be used upon:
– Completion of the Registration Form;
– Clicking the “Create Account” button;
– Confirmation of intention to create the Account by clicking the activation link sent to the e-mail address provided by the Service User during registration. The Service User shall be required to provide an individual login and password and other data required in the Registration Form.
„Order Form” – Using the Order Form begins at the moment of adding the first Product to the Shopping Cart in the Online Store by a Buyer. Placing an Order takes place upon prior adding a Product to the Shopping Card, completion of the Order Form and clicking the “I buy and pay” button or moving to the website of a third party providing services of completion of online payments, [which stipulates the] acceptance of the offer and any and all terms and conditions of the agreement. It is necessary that the Buyer provide any and all data required in the Order Form.
2. Electronic Service – The Account shall be provided free of charge for an unlimited period of time. The Service User shall have the option of deleting the Account (resign from having the Account) at any time and without providing a reason by sending a relevant request to the Service Provider, in particular via an e-mail to the following address: firstname.lastname@example.org or directly in the Account panel.
3. Electronic Service – the Order Form shall be provided free of charge, has a one-off nature and shall be finalized at the moment the order is placed via this service or at the moment of earlier discontinuation of placing an order via this service by the Service User and absence of a decision to buy the Product.
4. The Service User shall be obligated to use the Online Store in compliance with law and good practice, in view of respect to personal rights and the rights of the Service Provider and third parties.
5. The Service User shall be obligated to enter true and actual personal data while placing an order, without misleading the Seller about the parties to a legal relationship.
COMPLAINTS ON ELECTRONIC SERVICES
1. Complaints pertaining to provisions of Electronic Services by the Service Provider may be filed by the Service User: ◦ in writing to the following address: email@example.com
2. A complaint should include: the first and last name of the person filing the complaint, the order number, information and circumstances pertaining to the subject of the complaint, demand and contact data.
3. The requirements provided in the preceding paragraph shall have the form of a recommendation and do not affect the effectiveness of complaints filed without the recommended description of the complaint. The aforementioned requirements make it possible to react to process a filed complaint in a more comprehensive manner.
4. The Service Provider shall process the complaint immediately, but no later than within 14 business days of its delivery date to the Service Provider.
AGREEMENT EXECUTION PROCEDURE
1. The execution of the Agreement between Buyer and Seller shall take place upon prior placing of an Order using the Order Form in the Online Store by the Buyer.
2. The Order shall be placed by clicking the “I buy and pay” button or visiting the website of the third party providing services of online payment.
3. When the Order is placed by a Buyer, the Seller shall immediately confirm its receipt and accept the Order for completion.
4. Confirmation of receipt of the Order and its acceptance for processing shall be done by sending the e-mail message to the Buyer by the Seller to the Buyer’s address provided while placing the Order.
5. At the moment the Buyer received the aforementioned confirmation, the Agreement between the Buyer and the Seller shall be executed.
6. The Product price seen in the Online Store on a specific product shall be denominated in PLN and be inclusive of value added tax at the rate set forth by the general provisions of the law effective at the moment of execution of the agreement.
7. The total amount of the Order with due taxes and other additional costs shall be provided when the Order is placed. 8. The Seller agrees to provide the Product defect-free to the Buyer.
PAYMENT METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
The Seller shall provide the following payment methods to the Buyer:
1. by bank wire transfer to the Seller’s bank account held by Bank Pekao S.A., bank account number: 58 1240 1125 1111 0011 0650 3932;
2. via the Paypal electronic system and the Przelewy24 online payment system.
1. In the event that the Buyer chooses the manner referred to in Article 8(1), the Buyer shall be obligated to pay within 7 days of the order placement date.
2. In the event of choosing the form of payment via the Paypal electronic system, the Buyer shall be automatically redirected to the Paypal.com website in order to make the payment immediately. For more information on payments via the Paypal service, see: http://www.paypal.com.
3. In the event of choosing the form of payment via the Przelewy24 online payment system, the Buyer shall be automatically redirected to the Przelewy24.pl website in order to make the payment immediately. For more information on payments via the Przelewy24 service, see: https://www.przelewy24.pl.
4. In the event of failure to pay within the aforementioned deadlines, the Buyer shall be deemed to have withdrawn from the sales agreement.
SUPPLY OF GOODS OR SERVICES
1. The supply of the Product shall be available in the territory of Europe, and outside of it only upon the prior consent of the Seller.
2. The supply of the Product to the Buyer shall be performed for a fee, unless the Agreement provides otherwise.
3. If the Buyer purchases more than one Product, he/she shall pay the delivery costs as if for one Product.
4. The Product supply costs (including transportation, delivery and postal services fees) shall be provided to the Buyer while placing an Order.
5. The Seller shall provide the following means of delivery or collection of the Product:
◦ Courier shipment – DPD company;
◦ The Paczkomat Inpost service provided by InPost Paczkomaty Sp. z o.o. with its registered office in Cracow (for more information on this type of delivery, see: http://www.inpost.pl) – the Buyer will receive a short text message and an e-mail message with a code enabling collection of the Product upon its delivery to the “Paczkomat” [unmanned parcel collection machine] selected by the Buyer;
◦ Postal services for shipments delivered outside the territory of the European Union.
6. The Product delivery time by the Seller to the Buyer shall depend on the delivery method selected by the Buyer.
7. The Seller shall send the Product to the Buyer within 3 business day of the date of payment for the ordered Product.
8. The moment a payment has been credited to the Seller’s bank account shall be considered to be the time of payment.
9. In the event that courier shipment is selected, the Product will be delivered to the Buyer within 2 business days of its shipment date by the Seller.
10. In the event that the Paczkomat Inpost service is selected, the Product will be placed in the “Paczkomat” [unmanned parcel collection machine] selected by the Buyer within 1 business day of the date of its shipment by the Seller.
11. In the case where Products have various dates of readiness for shipment, the date of readiness for shipment for all Products shall be the longest date specified, unless there is another date provided in the order placement confirmation or the Product description.
12. In the event that the agreed delivery date cannot be met, the Seller shall inform the Buyer about this fact immediately, as soon as practically possible, and the Buyer will have a choice whether to continue the order by the Seller or whether he/she withdraws from the sales agreement with a full refund of the incurred costs. The reasons for delay may include temporary unavailability of the Product, unexpected circumstances and problems with supply regions
FILING PRODUCT COMPLAINTS
1. The [legal] basis and the scope of the Seller’s liability to the Buyer, if the sold Product features a physical or legal defect (statutory warranty), shall be determined pursuant to the generally applicable provisions of law.
2. The Seller shall be obligated to deliver the Product free of any defects to the Buyer.
3. A complaint may be filed: ◦ In writing to the following e-mail address firstname.lastname@example.org
4. The complaint should contain the first and last names of the person filing the complaint and his/her contact data, the order number, a description pertaining to the subject of the complaint, in particular the type and date of the defect, photographic documentation reflecting the defect and a request for the Seller’s specific conduct.
5. The requirements provided in the preceding paragraph shall take the form of a recommendation and do not affect the effectiveness of complaints filed without the recommended description of the complaint. The aforementioned requirements make it possible to react to process a filed complaint in a more comprehensive manner.
6. The Seller shall process the complaint immediately, but no later than within 14 business days of its filing date. No response from the Seller within the aforementioned deadline shall mean that the Seller has accepted the complaint as justified.
7. The complaint resolution date shall be the date of sending an e-mail to the Buyer, containing the reply to the complaint or dispatching the reply to the complaint in the Polish Post facility to the Buyer. The Seller shall reply to the complaint in the same form in which the Buyer has filed the complaint.
8. In the event that delivery of the Product to the Seller is required in order to provide a response to the complaint, the Buyer will be requested by the Seller to deliver the Product to the following address: Daria Neckelius ul. Branickiego 11/78, 02-972 Warszawa.
OUT-OF-COURT/ALTERNATIVE METHODS OF RESOLVING COMPLAINTS AND PURSUING CLAIMS AND PRINCIPLES OF ACCESS TO THESE PROCEDURES
1. A User who is a Consumer shall have the option to use out-of-court/alternative methods of resolving complaints and pursuing claims.
2. Buyers who are Consumers, inter alia, shall have the choice:
1) to apply to the conciliatory consumer court with a request to resolve a dispute arising from the executed agreement;
2) to apply to the Voivodship Trade Inspection officer with a request to initiate mediation proceedings on conciliatory settlement of a dispute between a Buyer and a Seller;
3) To use the assistance of the Poviat Consumer Rights Ombudsman or a social organization in charge of Consumers’ protection pursuant to its statutory tasks.
3. For detailed information on alternative complaint resolution and pursuing claims, see: http://www.uokik.gov.pl.
4. A Consumer may also use the ODR platform accessible at: http://ec.europa.eu/consumers/odr.
RIGHT TO WITHDRAW FROM THE AGREEMENT
1. A Consumer who has executed a distance contract may, within 14 days of the date of delivery of the Product to him/her or any person appointed by him/her other than a carrier, withdraw from it without providing a reason.
2. In order to meet the deadline, it suffices to send the statement prior to its expiry.
3. The elapse of the deadline for withdrawing from the agreement starts:
1) For the agreement, in the performance of which the Seller releases an item, while being obligated to transfer the title to it – from taking an item into possession by the Buyer or a third party appointed by him/her other than a carrier, and in the case of an agreement that:
a) covers a number of items that are delivered separately, in batches or in parts, from taking the last item, batch or part into possession,
b) involves regular delivery of items for a defined period of time, from taking the first of the items into possession;
2) for other agreements, from the date of execution of the Agreement.
4. The withdrawal from the agreement notice may be submitted: ◦ in writing to the following e-mail address: email@example.com.
5. The Seller will confirm receipt of the aforementioned representation to the Consumer immediately, in the event that it has been submitted by e-mail, by sending an e-mail to the address from which the Buyer sends the message on withdrawal from the agreement.
6. A specimen of the form of withdrawal from the agreement is provided in Appendix No. 2 to the Act on Consumer Rights, in the Online Store under the “Returns and Complaints” tab. The Consumer may use the specimen form, but it is not mandatory.
7. In case of withdrawal from the agreement distance contract, the agreement shall be considered not to be executed.
8. The Seller shall be obligated immediately, but no later than 14 days of the date of delivery of the Consumer’s withdrawal from the agreement notice, to refund all payments made by the Consumer, including the Product delivery costs (except for additional costs arising from the method of delivery selected by the Buyer other than the least expensive and standard method of delivery available in the Online Store).
9. The Seller shall refund the payments using the same method of payment as was used by the Consumer, unless the Consumer expressly agreed to another method of refund that does not entail any expenses for him/her. If the Seller did not suggest that he/she will collect the Product from the Consumer on his/her own, he/she may withhold the refund of payments received from the Consumer until the moment of receipt of the returned Product or submission of confirmation of its return by the Consumer, whichever comes first.
10. The Consumer shall be obligated to return the Product to the Seller or transfer it to a person authorized by the Seller to collect immediately, and no later than within 14 days of the date when he/she withdrew from the agreement.
11. In the event of exercising the right to withdraw from the agreement, the Buyer shall pay all costs related to the return of the Product to the Seller, including the costs of proper packing and securing the Product and its transportation costs. 12. The Consumer shall be responsible for reduction of value of the Product arising from using this product in a manner beyond such that was necessary to determine the nature, properties and functioning of the Product.
13. The Consumer shall not have the right to withdraw from the distance contracts relative to the agreements specified in Article 38 of the Act on Consumer’s Rights. 14. In the case of a Product supplied outside of the territory of the Republic of Poland
PROVISIONS PERTAINING TO ENTREPRENEURS
1. Pursuant to Article 558(1) of the Civil Code, the Seller’s liability arising from the statutory warranty for the Product to the Buyer who is not a Consumer shall be excluded.
2. In order to make wholesale purchases, the Buyer who is not a Consumer may reach the Seller via the following e-mail address: firstname.lastname@example.org.
3. In case of a Buyer who is not a Consumer, the Seller shall have the right to limit available payment methods as well as to require a prepayment in whole or in part.
4. At the moment of release of the Product by the Seller to a carrier, any benefits and encumbrances related to the Product as well as the risk of its incidental loss or damage shall be transferred to the Buyer who is not a Consumer. In such case, the Seller shall not be bear any liability for the loss, partial loss or damage of the Product suffered from the moment it was accepted for transportation to its release to the Buyer and for any delay in transportation of the shipment.
5. The liability of the Seller to the Buyer who is not a consumer, regardless of its legal basis shall be limited, both within one claim, as well for any claims in total, to the amount of the paid price and the delivery costs under the Agreement, but up to a maximum of PLN 1,000.00 (say: one thousand PLN). In such case, the Seller shall not be held liable for the Buyer’s lost profits, either.
6. The Seller shall have the right to withdraw from the agreement executed with the Buyer who is not a Consumer within 14 days of the date of its execution without providing a reason. The above shall not evoke any claims from the Buyer against the Seller.
7. In the event that no relevant consensus has been reached, the competent Court in the geographical jurisdiction of the Seller shall hear the case between the Parties.
8. A Buyer who is not a Consumer shall be obligated to examine the shipment with the Product delivered to him/her in a manner applicable for shipments of this type. If the Buyer finds that any loss or damage to the Product occurred in transportation, he/she shall be obligated to perform any and all steps necessary for determining the carrier’s responsibility.
AMENDMENTS OF TERMS AND CONDITIONS
1. The Seller reserves the right to amend the Terms and Conditions that will become effective for new Users as of the date of their publication. The version of the Terms and Conditions effective at the moment of execution of the Agreement by a Buyer with the Seller shall apply to the agreements executed prior to the amendment of the Terms and Conditions.
2. Amendment of the Terms and Conditions shall not affect the existing terms and conditions of the Agreement executed prior to the moment the amendment of the Terms and Conditions has become effective.
3. Each amendment of the Terms and Conditions should be clearly indicated by the Seller with its effective date.
AMENDMENT OF THE OFFERING AND PROMOTIONS
1. The Seller reserves the right to amend prices of Products in the offer, withdraw some Products from the offer, introduce new Products as well as carry out promotional actions.
2. The aforementioned right does not affect orders placed prior to the effective date of the amendment of the price and terms and conditions of the promotional actions and will be performed on the terms and conditions applicable at the moment of placing the order.
3. The duration of each promotion shall be limited.
4. While making a purchase, only one promotion may be used.
5. Promotions do not accumulate. In the case of discounted Products, no additional discount shall apply. In the case of several simultaneous promotions, the User decides which promotion he/she wishes to apply.
FINAL PROVISIONS Article
1. None of the provisions of these Terms and Conditions shall be intended to violate any of the User’s rights. Also, it may not be interpreted in this way, as in case of discrepancies of any section of the Terms and Conditions with the effective legislation, the Service Provider declares his/her unconditional compliance and following this law in place of the challenged provision of the Terms and Conditions.
2. General provisions of law shall apply to any issues not governed herein.
TERMS AND CONDITIONS PUBLICATION DATE: June 1st 2021