Terms & Conditions
TERMS AND CONDITIONS
1. The Regulations define the general
terms, conditions, rules and form of sales by Magdalena Grześlak, conducting
business activity under the company Magdalena Grześlak, based in Wrocław,
Poland through the online shop room669.com (hereinafter
referred to as the "Online Shop") and define the rules and conditions
for provision of free services by electronic means by Magdalena Grześlak,
conducting business activity under the company Magdalena Grześlak, based in
Wrocław, Poland.
Article 1 - Definitions
1. Working days - mean weekdays from Monday to Friday
excluding public holidays.
2. Delivery - means a physical act of providing the
Customer by the Seller, through the Supplier, with Products specified in the
order.
3. Supplier - means a company with which the Seller
cooperates in
the Delivery of the Products:
a) a
courier company;
b)
InPost Sp. z o.o. based in Krakow, a postal service provider of
mailboxes (Paczkomat);
c)
Polish Post (Poczta Polska S.A.) based in Warsaw.
4. Password - means a sequence of letters, digits,
or other characters selected by the Customer during Registration in the Online
Shop, used to secure access to the Customer Account in the Online Shop.
5. Customer - means a person to whom, according to
the Regulations and laws, electronic services may be provided or with whom a
contract of sale may be concluded.
6. Consumer - means a natural person making a legal
transaction with an entrepreneur not directly related to his or her business
activity or profession.
7. Customer Account - means an individual panel for each
Customer,
established
by the Seller after the Customer registration and conclusion of the contract
for provision of the Customer Account service.
8. Entrepreneur - means any natural person, legal
person or an organisational unit not being a legal person, having legal
capacity by virtue of the law, running in his/her/its own name business or
pursuing the profession.
9. Regulations
– mean these
regulations.
10.
Registration
- means a physical act
made in the manner prescribed
in the Regulations, as required for use by the Customer of
all the
functionalities
of the Online Shop.
11.
Seller
- means Magdalena
Grześlak running a business under the
company Magdalena Grześlak, based in Wrocław, Poland
(52-233), ul. Parafialna 61/28, tax identification number (NIP): 8992473087,
National Business Registry Number (REGON): 022143490, entered in the Central
Register and Information on Business Activity kept by the Ministry for Economic
Development; e -mail: kontakt@room669.pl, who is also an owner of the Online Shop.
12.
Shop
Website - means web
pages, under which the Seller runs the Online Shop, operating in the room669.pl
domain.
13.
Product
- means a product
presented by the Seller via the Shop Website which can be a subject of the
Contract of Sale.
14. Durable medium – means
material or device enabling the Customer or the Seller to store information
addressed personally to them in a manner allowing for access to such
information for future reference for a period of time adequate for the purposes
of information and allowing the unchanged reproduction of the information
stored.
15. Contract of Sale – means a
contract of sale concluded at a distance under the terms of the Regulations, by
and between the Customer and the Seller.
Article 2 - General provisions and use
of the Online Shop
1. All rights to the Online Shop,
including copyrights, intellectual property rights to its name, Internet
domain, Shop Website, as well as patterns, forms, logos belong to the Seller,
and may be used only as specified in and in accordance with the Regulations.
2. The Seller shall endeavour to provide
access to the Online Shop for the Internet Users via all popular web browsers,
operating systems, computer types and types of the Internet connections. The
Seller does not guarantee and shall not be responsible for ensuring that each
configuration variant of electronic equipment owned by the Internet User will
allow to use the Online Shop. Minimum technical
requirement for using the Shop Website,
subject to the preceding sentence, is a web browser with enabled Javascript and
installed Adobe Flash plugin without systems locking the display of Flash
objects, that accepts "cookies".
3. The Seller applies a mechanism of
cookies, which - when the Customers use the Shop Website - are stored by the
Seller's server on the hard disk of a Customer's terminal device(s). The use of
"cookies" is intended to ensure correct operation of the Shop Website
by the Customer's terminal device(s). This mechanism does not destroy the
Customer's terminal device(s) and does not change the configuration of the
Customer's terminal device(s) or software installed thereon. Each Customer can
turn off the cookies in the browser of his/her terminal device(s). The Seller
informs, however, that exclusion of cookies may cause inconvenience or prevent
the use of the Shop Website.
4. To place an order in the Online Shop
via the Shop Website or via e- mail, and to take advantage of the Services
available at the Shop Website, the Customer must have an active e-mail account.
5. To place an order in the Online Shop by
phone, the Customer must have an active phone number and an active e-mail
account.
6. The Customer is prohibited to input
illegal content and to use the Online Shop, the Shop Website or free services
provided by the Seller in a manner contrary to law, good practices or the
violating personal rights of third parties.
7. The Seller represents that the public
nature of the Internet and the use of electronic services may be associated
with the risk of obtaining and modifying Customers data by unauthorised
persons, therefore the Customer should use appropriate technical measures to
minimise the above-mentioned risks. In particular, they should use anti-virus
programmes and programmes protecting the identity of the Internet Users. The
Seller shall never ask the Customer to provide him with access to the password
in any form.
8. The Customer is not allowed to use the
resources and functions of the Online Shop to conduct commercial activity or
activity that would violate Seller's interests.
Article 3 - Registration
1. To create a Customer Account, the
Customer must make a free Registration.
2. The Registration is not necessary to
place an order in the Online Shop.
3. In order to register, the Customer must
complete the registration form provided by the Seller at the Shop Website and
forward the completed form by e-mail to the Seller by selecting an appropriate
function contained in the registration form. During the Registration the
Customer shall establish an individual Password.
4. While filling out the registration form
the Customer is given the opportunity to read the Regulations, accepting the
contents thereof
by
marking a relevant field in the form.
5. After submitting a completed
registration form, the Customer shall
promptly receive, to the e-mail address provided on the
registration form, the Registration confirmation by the Seller. At that time
the contract is concluded for the provision of the Customer Account service by
electronic means, the Customer shall get access to the Customer Account and the
right to make changes to data given during the Registration, with the exception
of the Login.
Article 4 - Orders
1. Online Shop does not implement orders
from the following countries: Norway, Sweden, Denmark and Canada.
2. The Customer may place orders in the
Online shop via the Shop Website or e-mail on a 24-hour/7-day-a-week basis.
3. The Customer may place orders in the
Online Shop by phone at times and on days specified on the Shop Website.
4. The Customer placing an order via the
Shop Website compiles the order by selecting the desired Products. The Products
are added to the order by selecting the ADD TO CART button under a given
Product presented on the Shop Website. After compiling the whole order and
identifying in the "CART" the manner of the Delivery and the form of
payment, the Customer shall place the order by sending an order form to the
Seller, selecting on the Shop Website the "ORDER AND PAY" button.
Each time before sending the order to the Seller, the Customer is informed
about the total price for selected Products and the Delivery, as well as about
any additional costs the Customer is obliged to incur under the Contract of
Sale.
5. The Customer placing an order by phone
shall use the phone number provided by the Seller on the Shop Website. The
Customer shall place an order by phone providing to the Seller the name of the
Products from the Products available at the Shop Website, as well as the number
of Products to be ordered. After completing the entire order the Customer shall
specify the method of Delivery and the payment form as well as his/her e-mail
address or correspondence address, at the Customer's discretion. Each time when
placing an order by phone the Seller shall inform the Customer about the total
price of the selected Products and the total cost of the selected method of
Delivery, as well as any additional costs the Customer is obliged to pay in
connection with the Contract of Sale.
6. After the Customer places the order by
phone, the Seller shall send on a Durable Medium to the e-mail address or
correspondence address specified by the Customer information containing confirmation
of the terms and conditions of the Contract of Sale. Such confirmation shall
include in particular: specification of the Products constituting the subject
of the Contract of Sale, their price, Delivery cost and information about any
other costs to be incurred by the Customer in connection with the Contract of
Sale.
7. The customer can place an order in the
Online Shop via e-mail, by e- mail address provided by the Seller on the
Website Store. Client in a message sent to the Seller, shall in particular:
Commodity name, size, colour and the quantity of the goods presented on the
Website Store or contact details.
8. After receiving the e-mail referred to
in Article 4.7 from the Customer, the Seller shall send to the Customer a
response e-mail providing the registration data, the price of the selected
Products and possible payment forms, as well as the method of Delivery with its
cost, and information about any additional payments to be incurred by the
Customer under the Contract of Sale. The e-mail shall also include information
for the Customer that conclusion of the Contract of Sale by means of electronic
mail entails the obligation to pay for the ordered Products. On the basis of
information provided by the Seller, the Customer may place an order by sending
an e-mail to the Seller specifying the selected form of payment and method of
Delivery.
9. Placing an order means an offer of the
Customer to the Seller to enter into a Contract of Sale of Products covered by
the order.
10.
After
the order is placed, the Seller shall send an order confirmation to the e-mail
address provided by the Customer.
11.
After
confirmation of the order, the Seller shall send information on acceptance of
the order for execution to the e-mail address provided by the Customer.
Information about acceptance of the order for execution constitutes a statement
of the Seller about acceptance of the offer referred to in Article 4.10 above
and, upon receipt thereof by the Customer, the Contract of Sale is concluded.
12.
After
conclusion of the Contract of Sale, the Seller confirms to the Customer the
terms and conditions thereof by sending them on a durable medium to the
Customer's e-mail address or in writing to the address provided by the Customer
upon the Registration or while placing the order.
Article 5 - Payments
1. Prices on the Shop Website presented
next to a given Product are gross prices and do not include information
regarding the costs of the Delivery and any other costs which the Customer will
be obliged to pay under the Contract of Sale, about which the Customer will be
informed when selecting the method of the Delivery and upon placing an order.
2. The Customer may choose the following
forms of payment for ordered Products:
a)
bank transfer to the Seller's bank account (in such a case
execution of the order will shall be
initiated after the Seller sends to the Customer confirmation of acceptance of
the order and once the money is credited to the Seller's bank account);
b)
bank transfer via an external payment system PayU, operated by PayU S.A.
with its registered office in Poznań (in such a case execution of the order
shall be initiated after the Seller sends to the Customer confirmation of
acceptance of the order and after information on execution of the payment by
the Customer is received by the Seller from the PayU system);
c)
bank transfer executed by external DotPay payment system handled by
DotPay S.A. seated in Cracov (in such case an accomplishment of an order shall
start after a Customer completes the process of ordering in the Online Shop and
after a receipt of notification from DotPay system that a payment has been
successfully completed);
d)
bank transfer executed by external PayPal payment system handled by
PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in Luxembourg (in such case
an accomplishment of an order shall start after a User completes the process of
ordering in the Online Shop and after a receipt of notification from PayPal
system that a payment has been successfully);
e)
cash on delivery, payment to the Supplier upon Delivery (in such a case
execution of the order shall be initiated after the Seller sends to the
Customer a confirmation of acceptance of the order).
3. The Customer should pay for the order
in the amount resulting from
the Contract of Sale within 5 Days, if
chosen payment in advance.
Article 6 - Delivery
1. The Seller shall deliver the Products
constituting the subject of the Contract without defects.
2. The Seller shall publish on the Shop
Website information on the number of Working Days needed to execute the
Delivery and fulfil the order.
Delivery is carried out immediately, but no later than
within 14 working days.
3. The deadline for the Delivery and
execution of the order specified on the Shop Website shall be calculated in the
Working Days in accordance with Article 5.2.
4. Ordered Product(s) shall be delivered
to the Customer through the Supplier, to the address indicated on the order
form.
If
Customer will choose InPost Sp. z o.o. based in Krakow, as a Supplier, Product
will be deliver to the mailbox address selected by the Customer at the time of
ordering.
5. On the day of Products dispatch to the
Customer the Seller shall
confirm the shipment by e-mail to the Customer.
6. The Customer shall examine the
delivered Product(s) in the
customary time and manner for shipments of that type in
the presence of the Supplier's employee. In the event of discovery of shortage
or damage relating to the shipment, the Customer shall be entitled to demand
from the Supplier's employee to draw up a relevant report.
7. The Seller shall, in accordance with
the Customer's wish, attach to the shipment being the subject of Delivery a
receipt or VAT invoice covering the delivered Product(s).
8. In the event of absence of the Customer
at the address specified by the Customer upon placing the order as the address
of the Delivery, the Supplier's employee shall leave an advice note or shall
attempt to contact the Customer by phone to agree a time when the Customer will
be present. If the ordered Product(s) is/are returned to the Online Shop by the
Supplier, the Seller shall contact the Customer by e-mail or phone to agree the
time and cost of the re- Delivery.
9. If the delivery address is outside
European Union, total price of order does not include any fees, duties and
taxes (VAT) which could be applicable by the Customer's country government.
Customer can be obligated to pay local duties and taxes accordingly to local
law.
Article 7 - Implied
Warranty
1. The Seller ensures the Delivery of the
Product(s) free of physical and legal defects. The Seller shall be liable
towards the Customer if the Product has physical or legal defects (implied
warranty).
2. If the Product is defective, the
Customer may:
a) submit a statement on reduction of
the price or rescission of the
Contract of Sale, unless the Seller
immediately and without excessive inconvenience for the Customer replaces the
defective Product with a non-defective one or removes the defect.
This limitation shall not apply if the
Product has already been replaced or repaired by the Seller, or if the Seller
failed to fulfil the obligation to replace the Product with a non-defective one
or to remove the defect. The Customer may demand replacement of the Product
with a non-defective one instead of removal of the defect proposed by the
Seller, or demand removal of the defect instead of replacement of the Product,
unless making the Product compliant with the contract in a manner chosen by the
Customer is impossible or would require excessive costs as compared to the
manner proposed by the Seller. When assessing if the costs are excessive, one
shall take into account the value of the Product free from defects, the type
and importance of the discovered defect, as well as the inconvenience
experienced by the Customer in the event of other manner of satisfaction of the
claim.
b) demand replacement of the defective
Product with a non- defective one or removal of defect. The Seller shall
replace the defective Product with a non-defective one or remove the defect
within a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to fulfil the
Customer's demand if making the defective Product compliant with the Contract
of Sale in the manner selected by the Customer is impossible, or would require
excessive costs as compared to the other possible manner of making the Product
compliant with the Contract of Sale. The cost of repair or replacement shall be
incurred by the Seller.
3. The Customer exercising the rights
under the implied warranty shall deliver the defective product to the Seller's
address. If the Customer is a Consumer the delivery cost shall be incurred by
the Seller.
4. The Seller shall be liable under the
implied warranty if a physical defect is discovered before two years pass since
release of the Product to the Customer. The claim for removal of defect or
replacement of the Product with a non-defective one shall be barred by the
statute of limitations after one year, however such time-limit may not end
before a time-limit specified in the first sentence. Within this time-limit the
Customer may rescind the Contract of Sale or submit a statement on reduction of
the price due to defect of the Product. If the Customer demanded replacement of
the Product with a non-defective one or removal of the defect, the time-limit
for rescission of the Contract of Sale or submission of the statement on
reduction of the price shall start running upon expiry of the time-limit for
replacement of the Product or removal of the defect.
5. Any complaints related to the
Product(s) or performance of the Contract of Sale may be submitted by the
Customer in writing to the Seller's address.
6. The Seller shall within 14 days from
the date of demand containing the complaint express his opinion on the
complaint regarding the Product(s) or performance of the Contract of Sale
submitted by the Customer.
7. The Customer may file a complaint to
the Seller in connection with free electronic services provided by the Seller.
The complaint may be sent in an electronic form to the address
kontakt@room669.pl. In the complaint the Customer shall include a description
of the problem. The Seller shall immediately, however not later than within 14
days, consider the complaint and respond to the Customer.
Article 8 - Rescission of the Contract
of Sale
1. The Customer being the Consumer, who
concluded the Contract of Sale, may within 14 days rescind the Contract of Sale
without giving any reasons.
2. The time-limit for rescission of the
Contract of Sale shall start running as from the moment the Customer takes the
possession of the Product.
The statement may be submitted on the form, the template
of which is provided by the Seller on the Shop Website: Rescission form. In order to comply with this
time-limit, it is enough to send a statement before the lapse thereof.
3. In the case of rescission of the Contract
of Sale, the contract shall be treated as if it had never been concluded.
4. If the Customer submits the statement
on rescission of the Contract of Sale before the Seller accepts the Customer's
offer, the offer ceases to be binding.
5. The Seller shall immediately, not later
than within 14 days from the date of receipt of the Customer's statement on
rescission of the Contract of Sale, return to the Customer all payments made by
the Customer, including the costs of delivery of the Product to the Customer.
The Seller may withhold reimbursement of the amounts paid by the Customer until
receipt of the returned Product or delivery by the Customer of a proof of
sending the Product, whichever occurs earlier.
6. If the Customer exercising the right of
rescission selects the method of the Delivery of the Product other than the
cheapest ordinary Delivery method offered by the Seller, the Seller shall not
be obliged to reimburse to the Customer the additional costs incurred by the
Customer.
7. The Customer shall return the Product
to the Seller immediately, however not later than within 14 days from the date
of rescission of the Contract of Sale. To abide by the deadline, it is enough
to send the Product to the Seller's address before expiry of such deadline.
8. In the event of rescission the Customer
shall only incur the direct costs of returning the Product.
9. If, due to its nature, the Product
cannot be sent back by traditional mail, the Seller shall inform the Customer
about the costs of returning such Product on the Shop Website.
10.
The
Customer shall bear liability for decrease of the value of the Product as a
result of use thereof outside the manner necessary to determine the nature,
features and functioning of the Product.
11.
The
Seller shall reimburse the payment using the same method of payment as the one
used by the Customer, unless the Customer expressly agrees to other method of
reimbursement which does not entail any costs for the Customer.
Article 9 - Free Services
1. The Seller renders the following
free electronic services to Customers:
a) Contact Form;
b) Newsletter;
c) Customer Account service.
2. The services specified in Article 9.1
above shall be provided 24 hours a day, 7 days a week.
3. The Seller reserves the right to choose
and change the type, form, time and method of providing access to some of these
services, and shall inform the Customer thereof in a manner appropriate to
amend the Regulations.
4. The service: Contact Form means sending
a message via the form available at the Shop Website to the Seller.
5. It is possible to unsubscribe from the
free service Contact Form at any time by discontinuing sending enquiries to the
Seller.
6. The Newsletter service shall be
available to every Customer who enters his/her e-mail address by means of the
registration form made available via the Shop Website by the Seller. After
sending the completed registration form, the Customer shall promptly receive
the Seller's confirmation by e-mail, to the address provided in the
registration form. At that time the contract for the provision of electronic
Newsletter services is concluded.
7. The Newsletter is a service thanks to
which the Seller is sending information by electronic mail, about new products
or services offered by the Seller. The Newsletter shall be sent by the Seller
to all Customers who have subscribed.
8. Every Newsletter addressed to given
Customers shall include, in particular: information about the sender, completed
field "subject" specifying the content and information about the
possibility and manner of unsubscribing from the free service Newsletter.
9. The Customer may at any time resign
from receiving the Newsletter by opting out of the subscription using a link
contained in each e- mail sent under the Newsletter service, or by activating a
relevant box in the Customer Account.
10.
The
Customer Account service is available after the Registration on terms described
in the Regulations and consists of making available to the Customer a dedicated
panel within the Shop Website enabling the Customer to modify data provided
upon the Registration, as well as to track the status of orders and history of
already fulfilled orders.
11.
The
Customer who made the Registration may submit to the Seller a request for
deletion of the Customer Account wherefore in the event of submission to the
Seller of a request for deletion of the Customer Account, such account may be
deleted not later than within 14 days from submission of the demand.
12. The Seller shall be entitled to
block access to the Customer Account
and to free services in the event the
Customer acts to the detriment of the Seller or other Customers, breaches the
law or the Regulations, as well as if blocking access to Customer Account and
free services is justified on the grounds of safety, in particular: overcoming
securities of the Shop Website by the Customer or other hacking activities.
Blocking access to the Customer Account and free services for the above
mentioned reasons shall last for a period necessary to resolve issues giving
rise to blocking the access. The Seller shall notify the Customer about
blocking the access to the Customer Account and free electronic services by
e-mail sent to the address provided by the Customer in the registration form.
Article 10 - Personal data protection
1. The Seller shall be a controller of the
Customer personal data voluntarily provided to the Seller under the
Registration, when placing a single order, and within the provision of
electronic services by the Seller or in other circumstances specified in the
Regulations.
2. The Seller processes the Customer
personal data for the purposes of fulfilment of orders, provision by the Seller
of services by electronic means, and other purposes specified in the
Regulations. Data are processed only pursuant to the provisions of law or the
consent expressed by the Customer in accordance with the legal provisions in
force.
3. Personal data delivered to the Seller
are submitted freely, provided, however, that non-submission of data set out in
the Regulations in the process of Registration shall prevent Registration and
establishment of the Customer Account and shall prevent submission and
fulfilment of the Customer order, in the case of making orders without
Registration of the Customer Account.
4. Anyone who transfers his/her personal
data to the Seller shall have the right of access to their content and the
right to correct it.
5. The Seller shall allow removal personal
data from the data set, in particular if the Customer Account is deleted. The
Seller may refuse to remove personal data if the Customer fails to pay all
amounts owed to the Seller or violates applicable law, and keeping the personal
data is necessary to explain the circumstances and determine the liability of
the Customer.
6. The Seller shall protect the transferred
personal data and shall make every effort to secure them against unauthorised
access or use.
7. The Seller shall transfer the
Customer's personal data to the Supplier in the scope necessary for execution
of Delivery.
8. If the Customer selects payment via the
PayU system, his/her personal data are transferred in the scope necessary for
execution of the payment to PayU S.A. with its registered office in Poznań
(60-324 Poznań, ul. Grunwaldzka 182) entered into the Register of
Entrepreneurs kept by the District Court of Poznań - Nowe Miasto and Wilda in
Poznań, 8th Commercial Division of the National Court Register under the KRS
no.: 0000274399.
9. If the Customer selects payment via
the dotpay.pl system, his/her personal data are transferred in the scope
necessary for execution of the payment to Dotpay S.A. with its registered
office in Kraków (30-552 Kraków, ul. Wielicka 72) entered into the Register of
Entrepreneurs kept by the District Court of Kraków-Śródmieście in Kraków,
11th Commercial Division of the National Court Register under the KRS no.:
0000296790.
Article 11 - Termination of the
contract (not applicable to Contracts of Sale)
1. Both the Customer and the Seller may
terminate the contract for the provision of electronic services at any time and
without giving reasons, subject to the preservation of rights acquired by the
other Party before termination of the above-mentioned agreement and the
provisions below.
2. The Customer, who has registered, may
terminate the contract for the provision of electronic services by demanding
the Seller to remove the Customer Account, using any means of distance
communication, allowing the Seller to become acquainted with the Customer's
declaration of intent.
3. The Seller may terminate the contract
for the provision of electronic services by sending to the Customer an
appropriate declaration of intent to the e-mail address provided by the
Customer during Registration.
Article 12 - Final provisions
1. The Seller shall be liable for
non-performance or improper performance of the contract but, in the case of
contracts with the Customers being Entrepreneurs, the Seller shall be liable
only for deliberate damage and within the limits of losses actually incurred by
the Customer being the Entrepreneur.
2. The contents of these Regulations may
be recorded by being printed, copied to a storage device or downloaded at any
time from the Shop Website.
3. Every Customer may use non-judicial complaint and redress mechanisms. The Customer may use mediation in this scope. Lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of competent regional courts. The Customer who is a consumer can also use extra judicial methods
