1 - General provisions
1. The babywood.eu online store operating at http://www.babywood.eu/shop is operated by: Babywood Joanna Marzęcka, 4 Dubińska St., 63-920 Pakosław, Poland, NIP: 6991962765, REGON: 381857136, e-mail: hello@babywood.eu, tel: +48 790 790 489. Regulations define the principles of use of the online store babywood.pl that is, in particular: the principles for the conclusion and performance of Sales Agreements for goods available in the range of Shop and the principles for the provision of services by electronic means (in terms of regulating services provided electronically are Regulations referred to in Article 8 paragraph 1 of the UŚUDE).
2. The use of the Store is possible on condition that the ICT System used by the Client meets the following minimum technical requirements to ensure cooperation with the ICT System used by the Service Provider:
1) a computer (or other similar device) with access to the Internet, equipped with a web browser (e.g. Internet Explorer version 11 and higher, Mozilla Firefox version 20 and higher, Chrome version 40 and higher, Safari version 8 and higher);
2) JavaScript enabled in the web browser and cookies saved;
3) active e-mail address.
3. The Customer should use the Store in accordance with generally applicable laws and in accordance with the provisions of the Terms and Conditions. In particular, it is prohibited to:
1) providing content of an unlawful nature (e.g. content that violates personal rights, as well as other rights of third parties);
2) using the Store in a way that interferes with its operation (e.g. by using certain software);
3) providing personal information that is untrue or violates the rights of third parties.
2 - Glossary of definitions
1. The following expressions used in these Terms and Conditions have the meanings specified below:
1) Electronic Mail Address - the designation of the ICT System that enables communication by means of electronic communication.
2)Personal Data - all information concerning an identified or identifiable natural person processed by the Service Provider in order to properly provide the Services specified in these Terms and Conditions, as well as to conclude and perform a sales contract and for statistical purposes related to the operation of the online store.
3)Registration Form - a form filled out by the Registrant in order to set up a Client Account available at http://babywood.eu/my-account.
4) Customer - using the Online Store:
(I) a natural person with full legal capacity;
(II) a natural person who is at least 14 years old and has limited legal capacity, where the contract to be concluded is a contract commonly concluded for minor everyday matters or where such a person has obtained the legally effective consent of a statutory representative to conclude the contract;
(III) a legal person and
(IV) an organizational unit without legal personality, which is granted legal capacity by law.
5) Consumer - a natural person purchasing Goods for the purpose not related to professional or business activity.
6) Customer Account - a login (e-mail address) assigned to the Customer and a password chosen by the Customer, which allows to: make orders without each time filling in the Order Form, view order history, subscribe to the Newsletter and change given data.
7)Login - e-mail address entered by the Customer in the online store at the stage of creating an Account, enabling subsequent identification when using the online store.
8)Newsletter - a service provided by Babywood Joanna Marzęcka consisting of cyclic sending to the e-mail address or telephone number indicated by the Client of information, including commercial information within the meaning of the Act of 18 July 2002 on electronic services (Journal of Laws of 2002, No. 144, item. 1204, as amended), about events, competitions, discounts and promotions related to the activities of the Store.
9)Regulations - these Regulations of the online store. The Regulations are available at babywood.com/regulations/
10) RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
11) Store (also Online Store) - an online platform for the sale of Goods under the terms of the Regulations, operating at https://babywood.eu/shop
12) Seller - Babywood Joanna Marzęcka, Dubińska 4 Street, 63-920 Pakosław, Poland, NIP 6991962765, with respect to the conclusion and performance of sales contracts concluded in accordance with the Regulations.
13) Telecommunication system - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a final device appropriate for a given type of network, within the meaning of the Act of July 16, 2004. Telecommunications Law (Journal of Laws 2004 No. 171, item 1800 as amended).
14) Means of electronic communication - technical solutions, including ICT devices and cooperating software tools, allowing individual communication at a distance using data transmission between ICT Systems, and in particular electronic mail.
15) Goods - a product, the purchase of which is possible through the Store. Only brand new Goods are sold in the Store.
16) Personalized Goods - Goods available in the Store with the possibility of individual imprinting on the Customer's order.
17) Contract - a contract for the provision of services by electronic means between the Service Provider and the Client.
18) Contract of Sale - a contract of sale within the meaning of the Civil Code, concluded between the Seller and the Customer, in accordance with the Rules and Regulations.
19) Services - services provided by the Service Provider to the Client through the Store (electronically provided services).
20) Service Provider - Babywood Joanna Marzęcka, 4 Dubińska Street, 63-920 Pakosław, Poland, NIP 6991962765, with regard to services provided electronically as provided for in the Regulations.
21) UŚUDE - the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002, No. 144, item 1204, as amended).
22) Order - a Service consisting of enabling Customers to place an order for the purchase of Goods through an online store (making an offer to conclude one or more sales contracts).
3 - Services Provided Electronically
1. As part of the Store, the Service Provider provides the following Services electronically:
1) Customer Account,
2) Order,
3) Shopping Cart,
4) Newsletter (§ 12 of the Regulations).
2. The use of the Store's Services is free of charge.
3. In order to create a Customer Account in the Store (registration), it is necessary to provide Personal Data marked as mandatory (name, surname, e-mail address), choose a password, accept the Terms and Conditions and click the "Register" button. The Customer's Login is the Electronic Mail Address provided during registration.
4. Logging into the Customer's Account in the Store is performed using the Electronic Mail Address provided during registration and a unique password known only to the authorized Customer.
5. In order to enable the Customer to fully use the functionality of the Customer Account (functionality available only to Customers who have created a Customer Account) in the Store, the Service Provider may also process other necessary Personal Data:
My Addresses (order processing address);
My orders (history of orders made);
Complaints (information regarding complaints about the Goods);
My Returns (information regarding the return of Goods);
Inquiries to the service (history and content of inquiries made to the Store service);
Favorite Products (products marked by the Customer as Favorite);
Newsletter (E-mail address, list of active newsletters);.
6. The Agreement is concluded when the Customer receives confirmation of correct registration in the Store, sent by the Service Provider to the e-mail address provided by the Customer at the registration stage. The Agreement is concluded for an indefinite period of time.
The Customer may delete his/her Customer Account at any time (without giving any reason or incurring any costs). To do so, he should send an e-mail requesting its deletion to: hej@babywood.pl providing his/her e-mail address used during registration. Upon receipt of the message, the Customer Account will be deleted immediately. Upon deletion of the Customer Account, the contract for the provision of the Customer Account service is terminated.
7. The Service Provider may terminate the agreement for the provision of Customer Account services with a 14-day notice period, for the reasons indicated in § 1.4. The Service Provider's statement may be submitted to the e-mail address used during the registration of the Customer Account. Upon expiration of the notice period, the Customer Account service agreement shall be terminated.
8. Notwithstanding the provisions of paragraph 10, in the case of gross violation by the Client of § 1.4. points 1-3 of the Regulations. The Service Provider is entitled to restrict the Client's access to the Services in whole or in part.
9. In order to place an Order, it is necessary to provide Personal Data marked as mandatory, that is:
1) address data (first name; last name; street and house number; postal code; city; country; e-mail address; telephone number),
2) data for issuing an invoice - when the Customer wants to receive an invoice (company, company address, VAT number),
3) accept the Terms and Conditions.
4) delivery and payment (method of delivery, method of payment).
10. The Ordering Service is of a one-time nature. Use of the Service begins when the "continue without registration" button is clicked. The use of the Service is terminated when the Order is completed by the Store or as a result of the Customer's earlier discontinuation of the Order.
11. In addition, the Service Provider allows the Customer to view the content posted on the Store.
12. The Service Provider provides each Customer with the Shopping Cart Service in order to facilitate placing an order for Goods, in particular: remembering the selected Goods, entering any discount codes, displaying a summary of the price and delivery costs. When using the Shopping Cart, more than one offer to conclude a sales contract may be made in a single Order. The Shopping Cart Service is of a one-time nature.
13. Use of the Shopping Cart Service begins when the "add to cart" button is clicked and is terminated when the order is placed or the "empty cart" button is used. Adding Goods to the Shopping Cart does not imply their reservation, however, the Shopping Cart remembers information about the Goods selected by the Customer also after the end of the browser session or logging out of the Customer's Account.
14. Any complaints related to the use of the Store Services may be submitted:
1) in writing, to the address: Babywood Joanna Marzęcka, 4 Dubińska St., 63-920 Pakosław, Poland, NIP 6991962765
2)electronically to the e-mail address: hello@babywood.eu
15. The Service Provider will consider complaints about the provision of services by electronic means within no more than 14 days.
16. In order to consider a complaint, the Client should indicate at least the reason for the complaint and his/her contact details.
17. A response to complaints will be provided in the form indicated by the Client (in writing or by e-mail).
4 - Placing an Order and concluding a contract of sale
1. The Store sells Goods using the Internet.
2. Information about the Goods on the Store's website, such as price, description, technical parameters and others, constitute an invitation to conclude a contract, as referred to in Article 71 of the Civil Code.
3. Orders can be placed electronically through the Store's website 7 days a week, 24 hours a day.
4. In order to place an order, the Customer should select the ordered Goods by adding the Goods to the Basket. In the course of placing an order until pressing the "order and pay" button, the Customer has the possibility to modify both the entered data and the selected Goods. In addition, the Customer is obliged to choose:
- the method of payment, as well as the method and address of delivery of the Goods and, if applicable, the data necessary for issuing a VAT invoice.
5. The condition for placing an order is the Customer's consent to the content of the Terms and Conditions, as well as providing Personal Data marked as mandatory. Provision of Personal Data takes place through the Customer Account service or by providing data in the Order.
6. Placing an order by the Customer, results in submitting to the Seller an offer (or offers) to conclude a Sales Agreement, concerning the Goods covered by the Order. The Seller confirms receipt of the offer (or offers), by sending an automatic message entitled. "New Order" to the e-mail address indicated by the Customer.
7. Upon receipt of the offer referred to in paragraph 6, the Seller verifies the received Order. The sales contract is concluded when the Customer receives the e-mail message: "The Order has been forwarded for execution".
8. Placed Orders are visible in the "order history" tab available for Customers who have an Account.
9. The Customer has the possibility of verifying, changing and cancelling the placed Order until the moment of its realization, by contacting the Store personnel at the phone number +48 790 790 489 or by e-mail at hello@babywood.eu.
10. The contract of sale is concluded in the Polish language, in accordance with the Regulations.
11. The order is processed by the Store within 7 working days. This means. that within this period the ordered Goods are transferred to the entity responsible for delivery.
12. The execution of Orders is carried out only on working days, i.e. from Monday to Friday, excluding public holidays.
5 - Price and method of payment
1. Prices are indicated directly next to the Goods presented on the website. The prices include all components, including VAT at the current rate (subject to paragraph 3). Prices are expressed in zlotys (PLN/PLN). We do not reduce prices by VAT for foreign orders.
2. The price indicated next to each Goods is binding from the moment of confirming the Order.
3. Information about the cost of delivery is published when the Order is placed. The cost of delivery is added to the price of the ordered Goods. Detailed rules for determining the final cost of delivery of the Goods, which the Customer is obliged to bear, are specified in § 6.
4. The total value of the Order is indicated after the Customer selects the Goods and the method of delivery.
5. The Store reserves the right to change the price of the Goods, conduct and cancel promotions and sales. However, Orders placed before the change of price, terms of promotions or sales will be executed with binding prices in accordance with paragraph 3.
6. Each shipment is accompanied by a fiscal receipt. At the request of the Customer, a VAT Invoice is attached instead of a receipt.
7. The Customer has the option to pay the price at his choice:
1) by traditional bank or postal transfer (3 working days to pay the order). Transfer details: Babywood Joanna Marzęcka, 4 Dubińska St., 63-920 Pakosław, Poland, NIP 6991962765
Company account number SWIFT: BREXPLPWMBK, IBAN: PL71114020040000331216598740
3) via a fast payment system (instant transfer/payment card).
The entity providing online payment service is Blue Media S.A.
based in Sopot at Powstańców Warszawy 6, code 81-718.NIP: 585-13-51-185
Payment can be made by payment cards:Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
If there is a need for a refund for a transaction made by a customer with a payment card, the seller will make a refund to the bank account assigned to the payment card of the ordering party.
The execution of the order will be initiated, after the Online Store receives confirmation of the correct execution of the payment by the Payment Processor.
8. The Customer is entitled to a discount assigned by the Seller, according to the individual parameters of the Customer's Account. The discount is granted for all items, except for items marked with the information "Product excluded from discount". Discounts and promotions do not combine.
6 - Delivery
1. Delivery of ordered Goods takes place on the territory of the Republic of Poland, except as specified in paragraph 6.Goods are delivered only on working days (i.e. from Monday to Friday, excluding public holidays specified in separate regulations). The delivery time is from 1 to 10 working days from the date of processing of the order by the Store.If the customer chooses the method of payment by bank transfer or payment card, the delivery time is calculated from the date of crediting the Seller's bank account or settlement account.
2. The customer has the opportunity to choose the delivery entity referred to in paragraph 1., from among the entities indicated by the Seller:
1)courier delivery. The ordered Goods are delivered to the Customer's address indicated in the Order.
3. The cost of delivery depends on the delivery agent, the method of payment and the value of the Order, according to the delivery table.
4. The Customer has the option to specify the delivery address also outside the territory of the Republic of Poland. However, delivery outside the territory of the Republic of Poland is made only through a Courier. In the case of shipping outside the territory of the Republic of Poland, the cost of delivery shall be borne by the Customer regardless of the value of the order. At the same time, if the delivery address outside the territory of the Republic of Poland is selected, the Customer has no option to pay cash on delivery.
5. The cost and expected delivery time outside the territory of the Republic of Poland depends on the destination country of delivery, according to the price of foreign delivery.
6. Customers outside the European Union, may be additionally charged with customs duties. All information about customs duties, as well as the rules for their calculation, can be obtained from local customs offices.
7 - Right of withdrawal from the contract
1. In accordance with the content of the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827), a Customer who is a Consumer, who has concluded a remote contract through the Store, may withdraw from the contract within 14 days without giving any reason.
2. Detailed information about the principles of withdrawal from the contract under the Consumer Rights Act can be found in Appendix No. 1 to the Regulations- "Notice of the right to withdraw from the contract".
3. The consumer may withdraw from the contract by submitting a statement of withdrawal. The statement can be made on the form, a sample of which is attached as Appendix No. 2 to the Regulations
4. Returns are not subject to gift vouchers (digital products) purchased in the store due to their specificity.
5. The customer bears the full cost of return.
8 - Complaints about defects in Goods (Warranty)
1. Babywood Joanna Marzęcka, headquartered in Pakosław, is liable as the Seller to the Customer for physical or legal defects of the Goods sold (warranty) under the conditions and in the manner specified in the Act of April 23, 1964 Civil Code (consolidated text Journal of Laws of 2014, item 121, as amended).
2. The Seller is obliged to deliver Goods without defects. The Seller shall be liable under warranty if a physical defect is discovered before the expiration of two years from the date of delivery of the Goods to the Customer.
3. Notification of the defect by the Customer may be made in any form. In particular, the Customer may report the defect in person at the registered office belonging to the Seller or by mail to the address: Babywood Joanna Marzęcka, 4 Dubińska St., 63-920 Pakosław, Poland NIP 6991962765.
4. In order to report a defect, it is advisable to: describe the defect and provide the date on which it was found, report the selected claim, demonstrate the conclusion of a contract of sale with the Seller (e.g. by attaching a copy of the proof of purchase), provide contact information and the preferred method of notification of complaint processing (e.g. e-mail or telephone). The content of the notification referred to in the preceding sentence is only an example and does not affect the effectiveness of the complaint notification.
5. The Seller will respond to the Customer's complaint immediately, but no later than within 14 days of receipt. If the Customer has demanded replacement of the item or removal of the defect, or has made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 days from the date of its receipt, it is considered that the Seller has recognized the demand as justified.
9 - Personal Data
1. The Service Provider - the Data Controller, on the basis of the RODO in connection with the UŚUDE, has the right to process the Customer's Personal Data in order to use the Services (Account, Order, Newsletter, Content Browsing, Shopping Cart), to settle the ordered Goods in accordance with the Terms and Conditions (accounting), to process complaints, to pursue claims for payment for the ordered Goods, as well as for archiving purposes and for the purposes of the legitimate interests of the Administrator or a third party (further described in the Privacy Policy).
2. Detailed information regarding the processing of Personal Data (including the information referred to in Article 13(1) of the RODO and the rights of Clients related to the processing of their Personal Data) - can be found in the Privacy Policy.
3. The Service Provider processes usage data (signs identifying the Client in the online store, IP address, information about the use of the Services) for the purpose of making improvements to the Store, as well as for statistical purposes.
4. The Service Provider ensures the security of the processed Personal Data of the Client. The Service Provider has implemented and applies physical, organizational and technological protection measures necessary to ensure an adequate level of security of the processed Personal Data in connection with the provision of Services within the Shop. Service Provider has implemented technical measures to prevent unauthorized persons from obtaining and modifying Personal Data sent electronically (authentication measures, https protocol).
5. The Service Provider protects Personal Data from access by third parties and from disclosure, with the proviso that in certain situations the obligation to disclose Personal Data may arise from the law.
6. Provision of Personal Data is voluntary, however, sometimes necessary in order to provide Services, under the terms of the Regulations.
7. The Service Provider allows the Client to use the Services on the Site anonymously or using a pseudonym in cases of Services where this is technically possible and customary.
10 - Personalized Goods
1. The Store allows the purchase of certain Goods with an individual engraving made to the Customer's order (Personalized Goods). Merchandise with individual engraving option is marked with the words: "personalized Goods", "possible engraving option", "engraving" or other similar phrase.
2. Personalized Goods may include a name (nickname) and a number selected by the Customer from 0-99. The data for the engraving must be provided when placing the Order.
3. The store reserves the right to cancel the Order if the Customer indicates as the content of the imprint: words that are offensive, violate the dignity of third parties or commonly considered vulgar.
4. The cost of making the imprint is indicated when placing the Order, and then added to the selling price of the goods.
5. The lead time for Ordering Personalized Goods may extend by 14 working days compared to the lead time indicated in the Regulations for a standard Order.
6. When ordering Personalized Goods, it is not possible to pay by cash on delivery (cash on delivery). Other payment methods specified in the Regulations are available.
7. Pursuant to Article 38 item 3 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), it is not possible to withdraw from the contract (return of the Goods) in terms of Personalized Goods. Product with engraving is also not subject to exchange.
11 - Newsletter Service
1. The Service Provider provides the Newsletter Service (which is a service provided electronically) consisting of sending to the e-mail address indicated by the Customer and optionally also a telephone number, commercial information about: products, promotions, discounts, contests and events related to the activity of the Service Provider.
2. In order to conclude the Newsletter Service Agreement, it is necessary for the Customer to perform the following actions:
1) Providing at least an e-mail address in the appropriate field and checking the checkbox to agree to receive commercial information.
2) Confirmation of Newsletter enrollment by the Client by clicking the "I confirm enrollment" button located in the e-mail message sent by the Service Provider to the provided e-mail address.
3. The Newsletter Service is provided at the request of the Customer. Use of the Newsletter Service shall begin upon confirmation of the enrollment referred to in section 2 item 2.
4. The Newsletter Service shall be provided free of charge and for an indefinite period of time.
5. The Customer may sign up for the Newsletter Service through a dedicated subpage ("Newsletter Registration Form") available within the Store and together with signing up for the Customer Account or together with completing the Order Form.
6. Providing an email address in the Newsletter Registration Form is necessary for the Newsletter service. Providing other Personal Data in the form is at the Customer's discretion. These Data are used to customize the content of the Newsletter to the Customer's needs (e.g. by receiving information on promotions in stationary stores located closest to the city indicated by the Customer).
7. If the Customer agrees to receive commercial information as part of the registration form for services provided electronically Customer Account or Order, the Customer will also receive (regardless of the information indicated in paragraph 6) commercial information (including additional discounts and promotions) tailored to his/her interests and preferences (but not significantly affecting his/her decisions).
8. The Customer has the option to provide for the Newsletter Service also a cell phone number. In such case, the Newsletter Service will be provided in the form of e-mail and SMS messages.
9. The Customer may use the Newsletter Service in an anonymous manner. However, this is possible only if the provided e-mail address does not allow for identification of the Client and at the same time the Service Provider does not have other Personal Data of the Client.
12 - Final Provisions
1. Recording, securing and making available to the Customer the significant provisions of the Sales Agreement shall take place by sending a message to the indicated e-mail address with confirmation of the Order placed, and delivery of a fiscal receipt/invoice in the mail or in an e-mail.
2. The Customer may access the Terms and Conditions at any time through the link provided on the website https://babywood.eu The Customer also has the right to download and print the Terms and Conditions.
3. In matters not regulated by the Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular the Civil Code of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended) and the Consumer Rights Act of May 30, 2014. (Journal of Laws 2014, item 827).
4. The Service Provider reserves the right to amend the Regulations. Any changes to the Terms and Conditions shall take effect on the date indicated by the Service Provider, which shall not be less than 14 days from the date they are made available on the Store's website. Changes may not violate the acquired rights of the Clients.
5. The Regulations shall become effective on January 26, 2022.
Attachment No. 1 - Informing about the right to withdraw from the contract (statutory)
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The term of withdrawal expires after 14 days from the day:
1) on which you took possession of the item or on which a third party other than the carrier and indicated by you took possession of the item - in the case of a contract obliging you to transfer ownership of the item;
2) on which you came into possession of the last of the things or on which a third party other than the carrier and indicated by you came into possession of the last of the things - in the case of a contract obliging you to transfer ownership of multiple things that are delivered separately;
3) on which you came into possession of the last lot or part, or on which a third party other than the carrier and indicated by you came into possession of the last lot or part - in the case of a contract that obliges you to transfer ownership of things that are delivered in batches or parts;
4) conclusion of the contract - in the case of contracts for the provision of services.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail) sent to the address:
Babywood Joanna Marzęcka, 4 Dubińska St., 63-920 Pakosław, Poland, NIP 6991962765
e-mail: hello@babywood.eu
You may use the model withdrawal form, but it is not mandatory. In order to observe the deadline for withdrawal from the contract, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the deadline for withdrawal from the contract.
EFFECTS OF WITHDRAWAL
In the event of withdrawal from this contract, we will return all payments received from you, no later than 14 days from the day we are informed of your decision to withdraw from this contract. The cost of returning the goods shall be borne by the buyer.
We will return the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this return.
We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over the item to us at the address shown in the proof of purchase immediately and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.
Appendix No. 2 - Model withdrawal form
DECLARATION OF WITHDRAWAL FROM A CONTRACT CONCLUDED AT A DISTANCE
Date ....../....../..........R
Name: .........................................................................................................................
Address: .........................................................................................................................................
Phone: ......................................................................................................................................
E-mail address: ..............................................................................................................................
I declare that, in accordance with Article 7 (1) of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws No. 22, item 271, as amended), I withdraw from the contract of purchase of the following goods:
Name of the returned product / Quantity / Price / Reason for return
1.
2.
The funds will be returned within 14 days after receiving the return shipment by the same form of payment.
Return shipment should be sent to:
Baby Wood
4 Dubińska St.,
63-920 Pakosław,
Poland