1 GENERAL ARRANGEMENTS
- Online shop www.hagibaby.com is run by Hagi Sp. z o.o. (operating and mailing address ul. Kijowska 5, 03-738 Warszawa, Poland) VAT no. PL1133007444, REGON 384939053, email address: email@example.com
- This regulation is addressed to clients of online shop. Resolutions of this regulation do not aim to exclude or limit any of the consumers’ law granted by the mandatory law – any potential doubts are to be cleared in favor of the consumer. In case of the inconsistency of this regulation with above mentioned law, this law has the priority.
- WORKING DAY – one day from Monday till Friday excluding days legally free of work.
- REGISTRATION FORM – form available in online shop which enables creating an account.
- ORDER FORM – Electronic Service, an interactive form available in online shop which enables placing orders through adding Products to Electronic Cart. It also specifies the conditions of Sales Agreement as well as delivery and payment methods.
- CLIENT – natural person possessing full legal capacity and – in cases provided by the laws which are commonly in force – a person with limited legal capacity; legal person or organizational unit void of legal identity which concludes or intends to conclude a Sales Agreement with Seller.
- CIVIL CODE – law Civil Code from 23rd of April 1964 (Dz.U. Nr 16, poz. 93 ze zm.).
- ACCOUNT – Electronic Service marked with an individual name (login) and password given by Service Recipient. It is a set of resources within the ICT of Service Provider in which the data of Service Recipient are collected including the information about the past orders.
- PRODUCT – movable property available in online shop which is the object of Sales Agreement between Client and Seller.
- REGULATION – this regulation of the online shop.
- ONLINE SHOP – online shop which belongs to Service Provider and is available at www.hagibaby.com
- SELLER/SERVICE PROVIDER – Hagi Sp. z o.o. (operating and mailing address ul. Kijowska 5, 03-738 Warszawa, Poland) VAT no. PL1133007444, REGON 384939053, email address: firstname.lastname@example.org
- SALES AGREEMENT – sales agreement to be concluded or already concluded between Seller and Buyer via online shop.
- ELECTRONIC SERVICE – an electronic service provided by Service Provider to Service Recipient via online shop
- SERVICE RECIPIENT – natural person possessing full legal capacity and – in cases provided by the laws which are commonly in force – a person with limited legal capacity; legal person or organizational unit void of legal identity which uses or intends to use the Electronic Service.
- ORDER – Client’s declaration of will sent in form of Order Form intending directly to conclude a Sales Agreement with Seller.
2 ELECTRONIC SERVICES IN ONLINE SHOP
- There are following Electronic Services available in the online shop: Account and Order Form
- ORDER FORM – using the Order Form starts with adding the first product to the online shop’s cart. Placing an Order is completed once two consecutive steps are taken – (1) accepting the Regulations and Privacy Police having filled in the Order Form and (2) clicking in “Place and Order” – till this moment there is still a possibility to personally modify the data (to do so please follow the information displayed in the online shop). It is obligatory to give the following data in the Order Form: name and surname, address (street name, street and flat number, postcode, city, district), email address and phone number, Product(s), number of Products, method of delivery, delivery address, payment method. In case of Service Recipient not being a consumer it is obligatory to give the company’s name and its VAT identification number.
- Using the Electronic Service by Service Recipient is free of charge.
- An Account in the online shop is valid without time restrictions.
- Using Order Form is a one-off activity and is completed once the Order is placed.
- Technical requirements which needs to be met to comply with the ICT of Service Provider:
- PC, laptop or any other multimedia device with an Internet access.
- Access to email.
- Web browser: Mozilla Firefox 11.0 or later or Internet Explorer 7.0 or higher, Opera 7.0 or higher, Google Chrome 12.0.0 or higher.
- Recommended screen resolution: 1024×768.
- Service Recipient is obliged to use the online shop in compliance with the law and good manner having in mind respecting personal good and copywrite laws and intellectual property of the third party.
- Service Recipient is obliged to give factually correct data.
- It is against the law for Service Recipient to provide illegal content.
3. SALES AGREEMENT TERMS
- Announcements, advertisements, pricelists and other information about Products given in the online shop, particularly their technical and performance parameters as well as prices, are invitation to conclude a Sales Agreement according to art.71 of Civil Code.
- All prices displayed in online shop are given in Polish currency and include all components including taxes and customs. Nevertheless they do not include delivery costs or other costs indicated during the process of placing an order.
- All prices displayed in online shop are binding once the order is placed. Prices do not change regardless of the price changes implemented in online shop after the order has been placed.
- Conclusion of the Sales Agreement through Order Form
- In order to conclude a Sales Agreement Client needs to place an Order.
- Once the Order is placed Seller immediately confirms receiving it – and thus binds Client to his/her Order – and adopting it to realization through sending an appropriate message onto Client’s email address which has been given during the ordering process. Once the Client receives this email Sales Agreement between Seller and Buyer is concluded.
- The content of Sales Agreement is reinforced, protected and made available to Client by (1) including this Regulations on online shop, (2) sending an email mentioned in point 3.4.2. to Client and (3) attaching a printed confirmation of Sales Agreement to parcel. The content of Sales Agreement is additionally reinforced and protected in the Seller’s online shop system.
4 PAYMENT METHODS
- Seller provides the following payment methods:
- Cash-on-delivery when collecting personally
- Bank transfer on the Seller’s account
- Hagi Sp. z o.o.
- Bank: mBank S.A.
- Account number: Bank mBank S.A. SWIFT/BIC: BREXPLPWMBK IBAN: PL 67 1140 2004 0000 3912 1044 1055
- Title: order numer
- Electronic payments and card payments via Przelewy24.pl service – all current available payment methods are specified in online shop (page “Payments, delivery”) as well as on przelewy24.pl webpage.
- Settlements of electronic and card payments are carried out according to Client’s choice through Przelewy24.pl.
- Electronic and card payments services are carried out by: Przelewy24.pl – company Dialcom24. Sp.z o.o. registered in Poznań (located on ul.Kanclerska 15, 60-327 Poznań) listed in Central Registration and Information on Business of Republic of Poland under number 0000306513, registration files stored by Regional Court Poznań – Nowe Miasto i Wilda in Poznań; fully paid share capital of 1.697.000 zł; NIP 781-173-38-52. Payment cards’ operator is PayPro SA Agent Rozliczeniowy, located on ul. Kanclerska 15, 60-327 Poznań, listed in Central Registration and Information on Business of Republic of Poland under number KRS 0000347935, NIP 7792369887, Regon 301345068
5 COST, TIME AND METHODS OF DELIVERY
- Seller provides the following
- Courier delivery.
- Cost of delivery are indicated during placing of an order. They depend upon the country of delivery. Cost of delivery is also described in the online shop, page “Payments, delivery”
- Time of delivery of product to the Client is 14 working days unless stated differently in the description of a given Product. Time of delivery should be calculated in the following manner: when paying with bank transfer, electronic and card payments – starting from the day the Seller’s account is credited.
6 TERMS OF TERMINATION OF AN ELECTRONIC SERVICES AGREEMENT
- Service Provider and Service Recipient can terminate the electronic services agreement anytime by mutual consent.
- Termination of Electronic Services Agreement:
- An Electronic Services Agreement without minimum duration (Account) can be terminated.
- Service Recipient can terminate an Electronic Services Agreement without specifying reasons by sending an appropriate statement to email@example.com or a letter ul. Kijowska 5, 03-738 Warszawa, Poland. In such case the agreement will expire within 14 working days from sending the statement unless both parties agree on shorter period of termination.
- In case of Service Recipient who also are consumers, Service Provider can terminate the Electronic Service Agreement should Service Recipient objectively, grossly or persistently infringe the Regulations, particularly should Service Recipient provide illegal content having been at least once and unsuccessfully called to stop and delete the infringement within a specific period of time. Infringement of the Regulations has to be of objective and illegal nature. In such case the Electric Services Agreement terminates within 14 days from the Service Provider’s statement being made (period of notice).
- In case of Service Recipients who are not consumers, Service Provide can terminate the Electronic Services Agreement with an immediate effect and without specifying reasons by sending Service Recipient suitable statement.
- Claims related to Product’s non-compliance with the Sales Agreement:
- The basis and scope of Seller’s responsibility towards Buyer – being natural person who buys the Product with no relation to business or professional activity – resulting from Product’s non-compliance with the Sales Agreement are precisely specified by the consumer sales special terms law as well as the alternation of Civil Code from 27th of July 2002 (Dz.U. Nr 141, poz 1176 ze zm.).
- Notifications of Product’s non-compliance with the Sales Agreement as well as reporting suitable demands can be done by sending email onto firstname.lastname@example.org or by sending a letter to Kijowska 5, 03-738 Warszawa, Poland. When possible and necessary for the estimation of the Product’s non-compliance with the Sales Agreement, Product should be delivered to the above mentioned address.
- Seller will take a stance to Client’s claim immediately and not later than 14 days from receiving it. The answer to the claim is sent onto the address provided by the Client unless the Client indicates another way.
- In case of products covered by a warranty, Seller informs that the warranty for a sold item does not exclude, limit nor suspends the Buyer’s rights resulting from the Product’s non-compliance with the Sales Agreement.
- Claims related to providing Electronic Services via online shop as well as other claims related to online shop operations:
- Claims related to providing Electronic Services via online shop as well as other claims related to online shop’s operations can be sent by an email to email@example.com or in letter onto the following address: Kijowska 5, 03-738 Warszawa, Poland
- It is recommended to include in the claim’s description as much information about the claim and its circumstances as possible, particularly the kind of irregularities and the date the occurred as well as contact data – this should facilitate and accelerate the consideration of the claim by Service Provider
- Claims are considered by Service Provider immediately and no later than 14 days from receiving it.
- Service Provider’s response to the claim is sent onto the address indicated by the Service Recipient unless the Service Recipient indicates another way.
8 RIGHT OF WITHDRAWAL
- Service Recipient/Client who is also a consumer and who concluded a distance contract can withdraw from it without specifying reasons by making a statement in writing within 14 days. To keep this term it is enough to send the statement within these 14 days. Statements can be sent by an email to firstname.lastname@example.org or in letter onto the following address: Kijowska 5, 03-738 Warszawa, Poland. In case of withdrawal from the agreement, agreement is treated as not concluded and the consumer is freed from any responsibilities. Products should be returned in the unchanged conditions. Return should take place immediately and not later than 14 days. Should the consumer make a down-payment, statutory interest is to be charged from the day down-payment was made.
- Service Provider/Seller will return the money onto the bank account indicated by the Consumer unless Consumer indicated another method.
- 14 days period within which the consumer can withdraw from contract is calculated in case of Sales Agreement from the day of Product’s deliver or from the day an agreement is concluded in case of providing Electronic Services.
- Right of withdrawal from a distance contract is not granted to consumer in the following cases: (1) related to audio and visual recordings as well as data stored on storage media; (2) agreements relating to services which prices depend solely upon the situation on financial markets; (3) provisions with characteristics described by the consumer in her/his order or closely related to her/his person; (4) provisions which due to their characteristics cannot be returned or deteriorate quickly; (6) press delivery; (7) gambling services
9 FINAL PROVISIONS
- Agreements concluded via online shop are done in accordance with the Polish law and in Polish language.
- Modifications of Regulations:
- Service Provider reserves the right to modify the Regulations for reasons such as: changes of law; changes of payment and delivery methods or kinds of Electronic Services.
- Modifications of Regulations are biding for Service Recipient if the requirements described in Civil Code art. 384 are met which includes Service Recipient being appropriately informed about the modifications as well as Service Recipient not terminating the Electronic Services Agreement of continuous character within 14 days from receiving information about implementation of modifications.
- Modifications of Regulations do not in any way infringe the acquired rights of Service Recipients who are consumers and have been using online shop prior to the day of Modifications’ implementation; in particular modifications of the Regulations will not influence already placed, in-progress and completed orders.
- In cases not regulated by this Regulations the following rules imply: Civil Code, Providing of Electronic Services Law from 18th of July 2002 (Dz.U. Nr 144, poz. 1204 ze zm.); Consumers’ Rights Protection and Responsibility for Damage caused by hazardous products Law from 2nd of March 2000 (Dz.U. Nr 22, poz.271 ze zm.); Particular terms of consumer sales law Civil Code changes from 27th of July 2002 (Dz.U. Nr. 141, poz. 1176 ze zm.) as well as other appropriate rules of Polish law.
- Disputes arising between Service Provider/Seller and Service Recipient/Buyer being consumer are subject to the respective General Court. Disputes between Service Provider/Seller and Service Recipient/Buyer not being consumer shall be referred for determination to the court having territorial jurisdiction over the Seller’s/ Service Provider’s registered office.