Seller’s address – wherever the Seller’s address is mentioned in the Terms and Conditions, it shall be understood as follows:
the headquarters: Bolesława Prusa 9, Jelcz-Laskowice 55-220
Customer – a natural person with a full capacity or limited capacity (in cases allowed by law) to perform acts in law, a legal person or an organizational unit without legal personality, to whom legal capacity is granted under an act, who has entered or intends to enter into a sales agreement with Seller.
Consumer – a natural person who performs a legal act with the Seller, unrelated directly with the economic or business activity of the Seller.
Sales agreement – an agreement about selling a Product from the website of the shop above mentioned, being concluded or concluded between Customer and Seller via the shop website.
Good – a Product which a Customer acquires on the shop website such as weighted duvet, duvet premium, duvet premium kids, weighted pillow, weighted blankets.
Order – the Customer’s declaration of will made via the shop website, specifying a type and quantity of the Good found in the assortment of the online Shop while placing an order, payment method, shipping method, place of issuance of the Good and the Customer’s data.
Order form – an electronic service, an electronic form available on the Shop website that allows placing an Order, e.g. by adding Products to the online shopping cart and specifying the terms and conditions of the sales agreement, including the method of shipping and payment.
Order processing time – a period of time within which an order placed by the Customer of the online Shop is collected, packed and sealed by the Seller and forwarded for shipping with the method selected by the Customer.
Business day – any day from Monday to Friday, excluding public holidays.
Act – an act of 30 May 2014 on Consumer’s rights (Journal of Laws of 2014 item 827 as amended).
§2 General provisions
The Seller declares that s/he respects all the Customer personal data regulations required under the Act on the personal data protection of 10 May 2018 and EU Council Regulation 2016/679 (of 27 April 2016, Official Journal EU L No. 119). The Customer agrees to collecting, storing and processing his or her personal data by the Seller, exclusively for the reasons directly related to processing of the Service/Good ordered via the online Shop.
We inform that entering into the sales Agreement via the Internet and accepting the Terms and Conditions entails the obligation to pay for the Good ordered.
The Customer can agree to receive from the Seller commercial and trade information via mail by subscribing to the NEWSLETTER.
The Customer using the Service of the Seller via the online Shop is obliged to respect the Terms and Conditions to the extent necessary for processing a placed order and that is not against the law and the principles of social interaction.
The Seller processes an order in the territory of Poland and the orders shall be placed by Consumers from Europe, and, after a prior establishment of the conditions of shipment, also in different countries.
§3 Conditions of service provision
This online Shop provides services electronically.
The service agreement is concluded electronically by giving the Customer of the online Shop the possibility to fill in an order form.
The process of filling in the order form is organized in such a way that enables every Customer to acquaint him/herself with it before taking the decision to enter into the agreement or making changes to the agreement.
A service defined in point 1 is free of charge, though it may require an access to the Internet network. In order to use the Shop properly, review catalogue, place orders and enter into Agreements, the following system requirements are necessary to be met:system, browser.
The orders can be placed online for 24h, 7 days a week.
The Customer who finalizes a purchase in an appropriate order box, after reading the Terms and Conditions of processing personal data by the Shop, shall tick the following option: “I give consent to processing by the Shop my personal data contained in the order form for the purpose and to the extent necessary for processing an order”, which is necessary to enter into the agreement. Providing personal data is necessary to place an order, while not providing personal data is tantamount to withdrawal from concluding the agreement.
§4 Agreement conditions
In order to enter into a valid and biding sales agreement, the Customer shall make a choice according to the offer displayed on the shop website, specifying the quantity of the Good s/he intends to purchase and, if possible, also the features of the Good ordered and its specification respectfully. In addition to the selection of Good, the Customer fills in the online order form indicating information necessary to process an order by the Seller, such as the quantity, size, individual features, shipment place and payment method based on the messages displayed to the Customer and information available on the website and in these Terms and Conditions.
The Good ordered in the Shop is an non-prefabricated good, produced to Customer specification that aims to satisfy personalized needs.
Size of the Good received can differ from the size selected by the Customer as part of the order specification by +/- 3 cm. Colours indicated in the catalogue aimed to select and order the Good can differ from the reality considering the desktop and display specifications. The weight of Good can differ from the weight provided on the Shop website by +/- 60 grams.
In case it is impossible to process a Customer’s order according to his/her specifications, the Customer shall be informed about it before completing the process of placing an Order.
Registration of Customer’s account on the Shop website is optional and free of charge.
Immediately after receipt of an order, the Seller sends a declaration of order acceptance (order confirmation) to the given address provided by the Customer while placing an order. Receipt of the message by the Customer is tantamount to conclusion of the sales agreement.
The order summary and confirmation message contains all previously established conditions of the sales agreement, particularly the quantity and type of the, its specification, the amount due as well as shipment cost.
§5 Order processing
For a single Customer an Order is processed within 3 – 6 business days from the date of sending an Order by the Customer. In case of products marked as available ‘on order’, the time of shipment is specified on the product page. The time of order processing includes the time of order preparation (collecting and packing, handing the shipment to the courier, and production of the Good in some cases). The time of order delivery depends on the method of shipment selected, it depends on the type of a means of transport selected by the Customer.
In case of exceptional circumstances or impossibility to process an order within the period of time indicated in point 2, the Seller shall immediately contact the Customer in order to discuss further course of actions, including establishment of a different deadline of the order processing, a change in the shipment method.
Goods are delivered by a courier company. The Goods ordered are sent to the address provided by the Customer in the order form online and confirmed by the Customer as a shipment address.
The Customer shall be regularly informed about the costs of shipment; they are given in the order form filled by the Customer. The amount of shipment cost depends on the country to which an order is sent, the quantity of the goods ordered, their weight and method of shipment.
§7 Payment method
The Seller, depending on the availability, provides an optional methods of payment transaction for the Good ordered electronically by credit card (Visa, Visa Electron, MasterCard, Maestro) or bank transfer in e-banking via payment service webpages such as PayU, PayPal.
In case a Good is purchased from the Shop, the Customer being a Consumer is not entitled to withdraw from the agreement concluded from a distance without giving any reason (Article 38 of the Act) because the Shop sells products non-prefabricated, produced to Customer specification.
§9 Complaint procedure
The Customer is entitled to claim the defects of the goods in writing.
For correct submission of complaint, the Customer shall give his/her personal data such as name and surname or company name, an address of residence or address of the company’s registered office and e-mail, object of complaint, and, if possible, a number of order, indicating the time of submitting the complaint and the circumstances justifying the complaint (description), and possibly also the features that the Good ordered does not have but should have according to the Seller’s assurances or according to the way it was presented to the Customer.
The Customer being a Consumer can demand an exchange of the Good and receive one that is free of defects instead of removing the defect as suggested by the Seller or, instead of the Product exchange, s/he can demand removing the defect(s) unless it is impossible to bring it into conformity with the agreement in a way selected by the Customer or it would require excessive costs in comparison to the way suggested by the Seller. When assessing the excess of costs, the value of the item free of defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
Unless otherwise provided by separate legislation, the trader is obliged to respond to the consumer's complaint within 14 days from the date of its receipt. If the trader has not responded to the complaint within the time limit referred to above, it is considered that he has accepted the complaint. The trader shall send the consumer a response to the complaint in the form of an e-mail.
§10 Out-of-court methods of complaint consideration and pursing claims
Information about the out-of-court methods of complain consideration and pursuing claims, as well as the rules of accessing those procedures are made available in the registered offices and on the webpages of district (municipal) Consumer ombudsmen, social organizations whose statutory responsibilities involve the protection of Consumers, Voivodship Inspectorates for Trade Inspection and the Office of Competition and Consumer Protection under the following addresses:
The Consumer may use the out-of-court methods of complaint consideration and pursuing their claims. The Consumer may:
Turn to the Voivodship Inspectorate of Trade Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute.
Turn to the Permanent Consumer Arbitration Court operating within the Voivodship Inspectorate of Trade Inspection to resolve the dispute resulting from the agreement concluded; the address: www.uokik.gov.pl/wazne_adresy.php.
Turn e.g. to the Federation of Consumers under the following website: www.federacjakonsumentow.org.pl in order to receive free legal assistance.
Using the out-of-court methods of complaint consideration and pursuing claims is voluntary and shall only take place if all the sides involved in the dispute, i.e. the Seller and the Customer, agree.
§11 Final provisions
The online Shop respects all the Consumer right set out in the applicable provisions of law.
If the existing law grants Customers being Consumers more advantageous, mandatory and required by law regulations than those contained in these Terms and Conditions, respectful provisions of the Terms and Conditions are directly replaced by specific norms of the existing law and are therefore binding for the above mentioned owner.
All content shown on the website of the online Shop (including the graphics, texts, composition and logotypes) use copyright protection and are possessed exclusively by the Seller. Using the content without a written consent of the Seller is subject to civil and criminal penalties.
In the other matters not regulated under these Terms and Conditions, respectful provisions of the Polish law shall apply, particularly those as follows:
The Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No 16, item 93, as amended),
The Act of 18 July 2002 on provision of services by electronic means (Journal of Laws 2013, item 1422),
The Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827)
The Seller reserves the right to amend the Terms and Conditions for significant reasons such as the following:
Amendments to the law provisions,
Changes in the methods of payment and shipment,
Changes in the currency rate,
Changes in the methods of the provision of service online covered by the terms and conditions,
Changes in the data of the Seller, including e-mail address and phone number.
The changed terms and conditions bind the Customer if s/he is properly informed about the changes.
The changes in the terms and conditions shall not apply to the orders that have already been placed or processed, they are subject to the terms and conditions that are applicable on the date of placing an order.
All disputes that may arise as a result of the service provided under these Terms and Conditions will be handled by the General Court, as the Customer being a consumer chooses, under applicable provisions of the Polish law.
Attachment to the Terms and Conditions make up their integral part.
The sales agreement is signed depending on the location or choice of the Customer in the Polish, English or German language, with the content consistent with the Terms and Conditions.
These Terms and Conditions shall enter into force on 22.03.2021.