Terms and Conditions
I. GENERAL PROVISIONS
1. These Terms and Conditions specify the rules Buyers have to conform to when using the Store run by the Seller.
2. The Terms and Conditions are continuously accessible via the Store website in a way that enables Buyers to find it, view it and understand its content.
II. DEFINITIONS
1. Terms used in the Terms and Conditions designate as follows:
Seller – FABRYKA MATERACÓW HEVEA s.c. situated in 62-561 Ślesin, Mikorzyn 82, Poland, tax identification number NIP: 665-279-62-93, who by way of business sells goods and renders services at the Store.
Store – a set of websites and IT tools managed by the Seller that enables the Buyers to enter into a Sales Contract or a Contract for Services, available at the aforementioned website.
Buyer – registered User who entered into a Sales Contract or a contract for services at the Store.
Sales Contract – a contract concluded between the Seller and the Buyer at the Store in line with the Terms and Conditions. The object of the Sales Contract is the sale of items to the Buyer.
Contract for Services – a contract concluded between the Seller and the Buyer at the Store in line with the Terms and Conditions. The object of the Contract for Services is the sale of a service/services rendered by the Seller to the Buyer.
Contract – refers both to the Sales Contract and the Contract for Services.
Terms and Conditions – the Terms and Conditions of the Store.
Materials – information provided on the websites of the Store, such as names, descriptions, images and graphic illustrations of the goods, producers’ markings of the goods.
User – Internet user who uses the Store, purchases or intends to purchase goods or services offered by the Seller via the Store.
III. GENERAL TERMS OF USING THE STORE
1. The Store can be used by a Buyer who is a natural person provided he or she has full legal capacity.
2. The Buyer can use the Store via devices that communicate with the Internet (computer, mobile phone) with use of a web browser.
3. The Seller shall not be held liable for any damages resulting from incorrect, outdated or incomplete data provided by the Buyer in the forms specified in REGISTRATION section, as well as breaching the Terms and Conditions by the Buyer. The data provided by the Buyer cannot cause infringement of binding legal provisions, personal interests and third party rights.
4. The Seller shall not be liable for improper use of the Store by the Buyer, including the use that does not follow the Terms and Conditions, and the resulting consequences.
5. The Buyer shall not use the name of the Seller, the logo of the Store, materials and other components of the Store other than the Materials (including graphic elements of the Store and the layout of the Store), with exception of situations distinctly specified in the Terms and Conditions or in cases where the use of items protected under the copyright law or the industrial property law is allowed under the express written consent of the Seller or entitled third parties (including producers or distributors of goods and services). The Buyer shall not undertake any actions aiming at re-creating the Store, including in particular websites related to the Buyer.
6. The User shall not disclose his or her login and password used for signing in at the Store to any third party.
IV. REGISTRATION AT THE STORE
1. The Contract can be concluded only between Users registered in the Store.
2. In case of a legal person or organisation unit without legal personality, registration at the Store, as well as all further actions at the Store can be done only by a person authorised to perform all actions related to registering and executing of all laws and obligations of the entity on its behalf as the Buyer.
3. The Seller can demand authentication of the Buyer’s data by sending the Seller a certified copy of required documents.
4. Should any change in the Buyer’s data as provided at the time of registration be made, the Buyer is obliged to update the data prior to another purchase with use of a proper form available at the Store.
V. ORDER PLACEMENT AT THE STORE – CONCLUSION OF A CONTRACT
1. The Buyer has the right to place orders at the Store 24 hours a day, 7 days a week and 365 days a year in line with other provisions of the Terms and Conditions, especially the provisions considering technical interruptions.
2. Prior to placing the order, the Buyer shall place the selected product or service he/she intends to purchase in a virtual shopping cart. The virtual shopping basket is a tool that enables the Buyer to collect selected goods/services before purchase, estimate the value of the goods/services collected in the basket and delivery costs. While selecting goods/services, the Buyer has the right to manage the content of the basket by adding goods/services to the basket or deleting them at will.
3. Having finally decided on the goods/services to purchase, the Buyer shall be directed to the web form to place his/her order at the Store. The order form may contain sub-forms for specifying:
Delivery address,
Type of delivery,
Method of payment for the selected goods/services.
The Buyer specifies the delivery address by filling in the form – according with the Buyer’s choice – as mentioned in the REGISTRATION section. The ordered goods/services shall be delivered at the address specified by the Buyer.
4. By making a purchase at the Store, the Buyer gives his/her consent to the processing of his/her personal data by the operator of the Store for the sole purpose of sending the Buyer inquiries pertaining to client satisfaction with the products purchased at the Store and informing the Buyer of the order status.
5. Order placement constitutes an offer made by the Seller to the Buyer within the meaning of the Civil Code. After receiving an order, the Seller verifies whether the order was placed correctly (in line with the Terms and Conditions). Should the Seller find that the order was placed incorrectly, he shall notify the Buyer accordingly.
6. After an order is placed correctly, the Seller shall immediately notify the Buyer about order acceptance at the Buyer’s e-mail address provided at the time of order placement or at the time of registration. A Contract is concluded upon sending the Buyer an information about order acceptance by the Seller.
VI. PAYMENTS
1. Payments for the goods/services purchased/ordered at the Store by the (price and delivery fee) shall be made with use of payment instruments available at the Store and in line with the provisions specified by the Seller.
2. All prices at the Store are gross prices and include the tax on goods and services (VAT) in the amount specified by separate regulations. Potential costs for delivering goods/services to the User shall be specified separately.
3. The User purchases goods and orders services in line with the prices and delivery fees binding at the time of placing the order. The delivery fee depends on the type of delivery selected by the Buyer.
4. The Seller reserves the right to change prices and delivery fees, in particular due to altering pricing lists for services rendered by delivery operators. This provision does not pertain to orders that were accepted for processing.
VII. DELIVERY
1. The delivery shall be made at the address specified by the Buyer.
2. Should the Seller be unable to process the order due to unavailable goods/service, he shall inform the Buyer of that fact immediately within 21 working days of the conclusion of the contract and return to the Buyer the entire amount paid provided that any sum was settled.
3. Should the Seller be unable to process the order for customised goods/services ordered by the Buyer due to temporary inability to perform it, the Seller may provide the Buyer upon the latter’s consent with a supplementary performance of the same price/remuneration or in a different manner settled by the parties.
4. The Buyer shall check the condition of the delivered goods at the presence of the delivery party (courier, postal service employee, etc.).
5. The Seller shall not be liable for failed delivery due to reasons for which the Buyer is responsible, such as incorrect delivery address. Should this be the case, the Seller enables the Buyer to collect the ordered goods if possible, e.g., from the Seller’s seat, unless the parties settle other way for collecting the goods by the Buyer. The costs due to incorrect delivery address provided by the Buyer shall be incurred by the Buyer.
VIII. PERSONAL DATA PROTECTION
1. Personal data of Buyers who are natural persons shall be processed by the Seller as the personal data administrator to provide services by the Seller, as well as for marketing purposes related to the functioning of the Seller’s business, including the Store, and the services/goods presented at the Store. Processing of the acquired data shall conform to the provisions of the Act of 29 August 1997 on personal data protection and the Act of 18 July 2002 on rendering electronic services.
2. The Seller ensures the Buyer whose personal data he shall process that the Buyer’s rights as set forth in the act on personal data protection, including the right to access the Buyer’s own personal data and rectification, as well as the right to control the processing of the Buyer’s own personal data in line with the abovementioned regulation.
3. As part of the right to control processing of one’s own personal data, the Buyer has the right in particular to apply in writing for the termination of the processing thereof due to the Buyer’s specific situation, as well as to file objection against processing of his/her data if the Seller intends to process the data for marketing purposes or when the Seller provides the Buyer’s personal data to a data administrator other than the Seller himself.
4. Classified information about Buyers, including their personal data, shall be protected by the Seller against disclosure to any unauthorised party, as well as other instances of disclosure, loss, damage or unauthorised rectification of the mentioned data by using proper technical and organisational means of protection.
IX. COMPLAINTS PROCEDURE
1. The Buyer has the right to file complaint to the Seller regarding the Contract.
2. A complaint shall be filed in electronic form via contact form available at the website of the Store or in writing at the Seller’s address. A properly filed complaint shall include at least:
The Buyer’s name, last name, address, e-mail address
The date of conclusion of the Contract that constitutes the justification of the complaint,
The object of complaint with specified claims of the Buyer,
All circumstances that justify the complaint,
A receipt or an invoice as a proof of purchase.
3. The Seller has the right to dismiss the complaint if the data provided by the Buyer are not sufficient to examine the claim, including determination of the Contract the complaint refers to and the data that enable contacting the Buyer.
4. The complaint shall be reviewed within 7 working days of the properly filled complaint form delivered to the Seller.
5. The Buyer shall be informed of the result of the complaint by e-mail or by mail.
X. WITHDRAWAL FROM THE CONTRACT AND CONTRACT TERMINATION
1. On the basis of the act on the protection of certain consumer rights and liability for damage caused by a hazardous product, the Buyer who is a consumer has the right to withdraw from the Contract in written form without providing any grounds within 10 days of the date of delivery, and in case the Contract covers the provision of services – within 10 days of the day on which the Contract for Services was concluded.
2. In case of withdrawal from the Contract, the Contract shall be considered not concluded. Everything the parties have rendered shall be returned intact unless the change was the change was necessary in the ordinary course of dealings. The return shall be made immediately within 3 days of sending the written statement as specified in point 1. The Buyer shall cover the delivery costs for shipping the product back to the Seller.
In case of prepayment made by the Buyer, the Seller shall return the settled amount to the Buyer together with statutory interest as from the day of the prepayment.
3. Withdrawal from the Contract by the Buyer who is a consumer shall not be possible in the following situations:
If the rendering of services has already started on the Buyer’s consent, by 10 day’s period mentioned in point 1.
If the Buyer has removed the original packaging of the product that contains audio recordings or visual recordings or data saved on electronic data storage media,
If the Buyer has purchased services for which prices/remuneration depend/s solely on the change in the market price.
If the Buyer has purchased customised goods or services of characteristics specified by the Buyer in the placed order or strictly related to the Buyer,
In case of purchase of goods or services that cannot be returned due to their character or which are liable to deteriorate rapidly,
In case of press delivery,
In case of purchase of gambling services.
XI. TECHNICAL INTERRUPTIONS
1. The Seller shall not be liable for the Store being temporarily unavailable due to factors beyond the Seller’s control and the resulting consequences.
2. The Seller reserves the right to make necessary interruptions in the access to the Store due to technical maintenance or modification of the Store. The Seller shall also make every effort to ensure the aforementioned interruptions are conducted at night and are as short as possible.
XII. FINAL PROVISIONS
1. The Seller reserves the right to change the provisions of these Terms and Conditions. The change shall enter into force with the moment the Terms and Conditions are published on the website of the Store. The change in the Terms and Conditions does not concern contracts concluded before the entry into force of the new Terms and Conditions.
2. Should the Contract be concluded after the changed Terms and Conditions enter into force, the Buyer shall be requested to accept the new Terms and Conditions.
3. To all matters not settled herein provisions of generally applicable Polish law shall apply, in particular provisions of the Polish Civil Law, the Act on the Protection of Personal Data, , the Act on the Rendering of Electronic Services, as well as the Act on protection of certain consumer rights and liability for damage caused by hazardous product. Any dispute between the parties shall be solved by the competent common court.
4. These Terms and Conditions shall enter into force on…
The offered mattresses are all packed. An unpacked mattress cannot be returned for hygiene and health reasons.
Therefore,
In line with the Article 38.5 section 5 of the consumer rights act (Dziennik Ustaw, 2014, item 827) due to hygiene reasons the customer shall have no rights to withdraw from the contract if the protective foil (thermally welded or with the company’s logo printed over) has been removed from the product.
