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REGULATIONS OF THE BABYHOP.PL INTERNET SHOP
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING THE SALE AGREEMENT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. COST, METHODS AND TIME OF DELIVERY OF THE PRODUCT
6. COMPLAINTS
FOR THE PRODUCT 6. COMPLAINT AND THE RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT TO WITHDRAW FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. SAMPLE FORM FOR WITHDRAWAL FROM THE AGREEMENT
The www.babyhop.pl Online Store cares for the rights of consumers. The consumer may not waive the rights granted to him in the Act on Consumer Rights. The provisions of the contracts less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be used.
1. GENERAL PROVISIONS
1.1. The online store available at www.babyhop.pl is run by Elżbieta Bedyńska running a business under the name Sklep "Ela" Elżbieta Bedyńska entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place business activity and address for service: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna, NIP 1230081221, REGON 012784920, e-mail address: info@babyhop.pl, telephone number: 665-899-999.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy mainly contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary.Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, a collection of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. TERMS AND CONDITIONS - these terms and conditions of the Online Store.
1.4.10. ONLINE STORE - the Service Provider's online store available at the Internet address: www.babyhop.pl.
1.4.11. DEALER; SERVICE PROVIDER - Elżbieta Bedyńska running a business under the name Sklep "Ela" Elżbieta Bedyńska entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business and address for service: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna, NIP 1230081221, REGON 012784920, e-mail address: info@babyhop.pl.
1.4.12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER - Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after completing a total of three consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking the "Save" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the e-mail address provided electronic. In the Registration Form, it is necessary for the Service User to provide the following data: name and surname, e-mail address and password.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@babyhop.pl or in writing to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps - (1) completing the Order Form and (2) clicking the "Order and pay" field on the Online Store website after completing the Order Form - until then, it is possible to modify the entered data (in to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country),e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s, quantity of the Product (s), place and method of delivery of the Product (s), method
payments. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3. Newsletter - the use of the Newsletter takes place after entering the e-mail address in the "Newsletter" tab visible on the Online Store website to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. You can also subscribe to the Newsletter by selecting the appropriate checkbox when creating an Account - upon creating the Account, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@babyhop.pl or in writing to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is forbidden to provide illegal content.
2.4. Complaint procedure regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations), the Customer may submit, for example:
2.4.1.1. in writing to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna;
2.4.1.2. in electronic form via e-mail to the following address: info@babyhop.pl;
2.4.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient's requests; and (3) contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these charges cannot be determined - the Customer is informed on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Payment in cash on delivery upon delivery.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.3. Electronic payments and card payments via Paynow.pl, PayPal.com and Przelewy24.pl - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://paynow.pl, https : //www.paypal.com/pl and http://przelewy24.pl.
4.1.3.1. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via Paynow.pl, PayPal.com and Przelewy24.pl. The service of electronic payments and payment cards is provided by:
4.1.3.1.1. Paynow.pl - mBank SA with its registered office in Warsaw (address: ul. Senatorska 18, 00-950 Warsaw), entered into the register of entrepreneurs of the National Court Register under number 0000025237; registration files kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register; share capital of PLN 168,840,628.00 fully paid up; NIP: 5260215088.
4.1.3.1.2. PayPal.com - PayPal (Europe) Sa rl & Cie, SCA, 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.1.3.1.3. Przelewy24.pl - PayPro SA Agent Rozliczeniowy with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Division Commercial Register of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068.
4.2. Payment term:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement.
4.2.2. If the Customer chooses to pay in cash on delivery, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
5.1. Product delivery is available on the territory of the Republic of Poland and the European Union.
5.2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following Product delivery methods:
5.3.1. Courier service, cash on delivery courier.
5.3.2. Parcel locker delivery.
5.4. The deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, may not exceed 10 Business Days. The start of the period for delivery of the Product to the Customer is as follows:
5.4.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses the method of payment in cash on delivery - from the date of the Sale Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects.
6.3. The complaint may be submitted by the Customer, for example:
6.3.1. in writing to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna;
6.3.2. in electronic form via e-mail to the following address: info@babyhop.pl;
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person
submitting the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested replacement of the item or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that he considered this request justified.
6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the type of the Product or the method of its installation, delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
6.7. According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), the task is, inter alia, to assist consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court complaint and redress methods: (1) application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for an out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business by the Seller); and (3) assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail to the address advise @ dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
7.4. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna;
8.1.2. in electronic form via e-mail to the following address: info@babyhop.pl;
8.2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations. The consumer may use the form template, but it is not obligatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract in which the Seller issues the Product, being obliged to transfer its ownership (e.g. a Sales Agreement) - from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period - from taking possession of the first of the Products;
8.3.2. for other contracts - from the date of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself,may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, depending on which event occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Warszawska 29B, 05-520 Konstancin-Jeziorna.
8.7. The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a Product delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package,which, after opening the packaging, cannot be returned for health protection or hygiene reasons, if the packaging has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer,or delivers Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content,which are not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his business, if the content of this contract indicates that that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that day not also a natural person concluding a contract directly related to its activity economic, when the content of this contract shows that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service User an appropriate statement.
9.5. The liability of the Service Provider / Seller towards the Service Recipient / Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of PLN 1,000. The amount limitation referred to in the preceding sentence applies to all claims directed by the Service Recipient / Customer against the Service Provider / Seller, including in the absence of a Sales Agreement or not related to the Sales Agreement. The Service Provider / Seller is liable to the Service Recipient / Customer only for typical damages predictable at the time of concluding the contract and is not liable for lost profits.The seller is also not responsible for delay in transporting the shipment.
9.6. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.
10. FINAL PROVISIONS
10.1. Agreements concluded via the Online Store are concluded in Polish.
10.2. Amendments to the Regulations:
10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law; changes in payment and
delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended Regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly informed about the changes and has not terminated the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient has the right to withdraw from the contract.
10.2.3. If, on the basis of these Regulations, agreements of a nature other than continuous agreements (e.g. Sales Agreement) are concluded, the amendments to the Regulations will not in any way infringe the rights acquired by the Customers / Customers before the effective date of the amendments to the Regulations, in particular, amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, implemented or performed.
10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); The Consumer Rights Act; and other relevant provisions of generally applicable law.
11. SPECIMEN FORM OF WITHDRAWAL FROM THE CONTRACT (ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract)
- Recipient:
Sklep "Ela" Elżbieta Bedyńska
ul. Warszawska 29B, 05-520 Konstancin-Jeziorna
babyhop.plinfo@babyhop.pl
- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
- Date of conclusion of the contract (*) / receipt (*)
- Name and surname of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if the form is sent in paper form)
- Date
(*) Delete as appropriate.