TERMS AND CONDITIONS OF THE BABYLY ONLINE STORE
- 1. General provisions
- These regulations, hereinafter referred to as the “Regulations”, define the rules of using the online store located at the URL http://babylystore.com/, hereinafter referred to as the “Store”.
- The store is run by babyly Anna Czerwińska-Juszczyk, Lubostroń 33/38, 30-383 Kraków, NIP 8172161584, hereinafter referred to as the “Administrator”.
- Store address and contact details: internet address – http://babylystore.com/ e-mail – info@babylystore.com, phone number 501 317 174, correspondence address – ul. Lubostroń 33/38, 30-383 Krakow
- Each person should read the Regulations before using the Store.
- Making purchases in the Store requires the Customer to have an active and functional e-mail account.
- 2. Types and scope of the Store’s activities
- The Store conducts distance sales via the Internet of an assortment of articles for children, furnishings for children’s rooms.
- The offered items are new handicraft.
- 3. Privacy policy and cookie policy
- By completing the purchase form and checking the box next to the relevant statement, the customer agrees to the collection and processing of his personal data in accordance with the Personal Data Protection Act of August 29, 1997 (Journal of Laws of 2002, No. 101, item 926 with d.) by the Administrator for the purposes necessary to implement the provisions of these Regulations and the services provided on its basis.
- The administrator of Personal Data is babyly Anna Czerwińska-Juszczyk, Lubostroń 33/38, 30-383 Kraków, NIP 8172161584, +48 501 317 174.
- Only personal data provided by the customer voluntarily is collected. The data is processed for the purpose necessary to implement the provisions of these Regulations, and in particular for the purpose of:
- conclusion of a sales contract for the ordered goods,
- delivery to the customer of the goods for which the customer placed the order,
- issuing a document confirming the sale of goods,
- posting transactions in the Store’s IT accounting system for the period required by law and storing personal data in the
- IT accounting system to ensure the history of commercial transactions made by the Store,
- storing the customer’s personal data in the customer database.
4. With additional consent granted by the Customer, the collected personal data may also be used for promotional and marketing purposes, including in particular to present the Customer with the store’s commercial offer and other marketing information related to the Store.
5. If you subscribe to the newsletter and agree to receive it in the registration or ordering process (consent to receive commercial information by e-mail), it is only necessary to provide an e-mail address to which commercial information from the Administrator will be sent. The Customer may resign from sending such information at any time by logging into his account in the Store or by clicking the unsubscribe link in the footer of each newsletter.
6.The data provided when placing the order are also processed by the following entities in the given scope: name and surname, address, telephone number, e-mail address indicated as the delivery address are provided to shipping companies in the form of a label / consignment note which is also an order for delivery of the shipment. Depending on the selected type of shipment, the following are transferred: DPD, FEDEX, GLS, DHL
7. The customer has the right to access their personal data at any time and the right to correct them and request their removal;
8. The Administrator informs that the Customer is not obliged to provide his personal data, however, refusal to provide them will prevent the proper performance of the services specified in the Regulations and the services resulting from the contract concluded between the Store and the Customer.
9. The collected data is carefully protected in accordance with applicable regulations. The administrator makes every effort to ensure the appropriate level of security for the stored data.
10. The Store informs customers that the services offered through the Store are provided via the public Internet network. In connection with the above, the Store draws the attention of Customers to the fact that the use of the Store’s services may involve the risk of interference by third parties in the transmission of data sent via the Internet between the Store and the Customer.
11. Information on the principles and methods of recording, securing and sharing by the Store to the other party of the content of the concluded contract:
a) Consolidation, protection and sharing of the content of the concluded contract takes place by sending an appropriate e-mail after the conclusion of the Sales Agreement.
b) The content of the concluded Sales Agreement is recorded, secured and made available by sending the content of the concluded contract to the e-mail address provided to the Customer or by providing the Customer with the specification of the Order and proof of purchase.
12. The content of the concluded contract is additionally recorded and secured in the Service Provider’s IT system and made available at each Customer’s request.
- 4 Cookie Policy
- Cookies are used in the Store. When the Customer visits the Store’s website, the Store’s system sends at least one Cookie file to the Customer’s computer in order to uniquely identify the browser. The store server automatically records information sent by the Customer’s browser while displaying the websites. The server logs may contain information such as network request, IP address, browser type and language, date and time of the request. This information allows us to improve the quality of our services by identifying and storing customer preferences and tracking trends, such as the ways in which our website is searched. The customer may prohibit the receipt of cookies, which will remain anonymous, but by not allowing the registration of cookies, the store will not be able to identify the customer or his preferences.
2. Cookies are also used by the Google Analytics statistics system used by the babylystore.com Store.Detailed purposes for which Google Analytics uses cookies are described in a separate document available at: http://www.google.com/intl/pl/policies/privacy/.
3. The user may at any time block the collection of such information by disabling cookies in the browser settings. However, it may cause the website to malfunction.
- 5. Rules for making purchases
- The store, before confirming the purchase, provides the customer with the following information:
The information provided on the Store’s websites, including information about the presented products, and in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the POLISH Civil Code.
a detailed description of a given product and its features;
the total price of the ordered products including taxes, as well as the fee for transport, delivery or postal services and summarizing the total amount of the order with the selected delivery option
regarding the method and date of payment
regarding the method and date of performance by the entrepreneur. - The purchase of the Product does not require registration in the Store
- Placing an order is done using the form available on the store’s website at the link / available by pressing the button – “I order with the obligation to pay” under / next to the description of the product, or in the summary of the list / shopping basket, in which the customer provides the following data:
Name and surname or company name
E-mail adress
Phone number
Address details for shipping
4. The customer places an order after reading the information specified in the Regulations of the store and the information indicated in paragraph 2, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the “Order with payment obligation” button. After reading the collected information specified for a given customer order, the customer expresses the will to be bound by the contract by pressing the “order with payment obligation” button
All prices on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.
The store undertakes to deliver items free from defects.
5. The order is considered accepted for execution after the Store confirms the acceptance of the order placed by the Customer.
confirmation of the order is sent automatically after placing the order by the customer;
6. The Store may suspend the acceptance of the order in the event of doubts as to the truthfulness or reliability of the data provided by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.
In the event of unavailability of some of the products covered by the order, the customer is immediately informed about it. The customer decides whether the order is to be partially or completely canceled.
7. The Customer and the Store are bound by the Product price in force at the time the order is placed.
8. The following payment methods are honored in the Store:
a) by the choose through the payment gateway
b) ordinary transfer,
c) electronic payment system, e.g. PayPal.
8. The payment deadline is 7 days from the date of purchase.
The contract is considered concluded at the moment of confirmation of the order in the case of selecting the payment on delivery or when the payment is made by the Customer, after receiving the confirmation of accepting the order for execution.
9. The ordered goods are shipped within 14 business days:
from the entry of the amount due for the product in the case of selecting payment in advance,
from the confirmation of the order to be processed in the case of choosing payment on delivery
10. Shipments are sent via the courier company DPD / DHL / GLS or Fedex. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer – depending on the destination place of delivery.
11. In the case of ordering several pieces of goods, the goods are generally packed collectively in one shipment, if it is possible, unless, by choosing the delivery method, the Customer indicates a different packaging method and selects separate delivery options for each product.
12. The customer will be notified by e-mail about sending the goods. When choosing a courier service, the customer will receive a tracking number by e-mail. The shipment can be located on the carrier’s website.
If the goods are to be sent by the Store to the Customer who is a consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The delivery of the item (goods) is deemed to be entrusted by the Store to the carrier.
13. Along with the product, the Store sends an information form (instruction on withdrawal from the contract) and a form on withdrawal from the contract – the forms are attached as Annexes 1 and 2 to these Regulations.
14. A receipt confirming the purchase is sent with the Product. At the customer’s request, a VAT invoice is issued. The customer is obliged to provide full data necessary for the correct issuance of a VAT invoice:
Name and surname / company,
Address of residence / seat,
NIP number (for companies),
Order number,
Address for correspondence
15. Each customer who registers and / or places an order agrees to receive information related to the course of the transaction, notifications about changes in these Regulations to the e-mail address provided by him.
16. Other information regarding the operation of the Website, as well as containing commercial information about new products or services of the Website, about promotions of the Website and the Administrator’s partners promoting the products, will be sent only to those Customers who have given their consent.
IN ADDITION, PRIVACY AND COOKIES POLICY
This Policy defines the rules for storing and accessing information on users’ devices (hereinafter “User”) of websites (hereinafter “Website”) using cookies, used to enable browsing the Website, the operator of which is babyly Anna Czerwińska-Juszczyk, Lubostroń 33/38 , 30-383 Kraków, NIP number 8172161584
- Cookies (so-called “cookies”) are IT data – in particular text files – are placed by our Website during each visit to the User’s end device, which allows our websites to remember the User’s computer or device and serves several purposes.
The entity that places cookies on the Website User’s end device and obtains access to them is the Foundation.
The Website server automatically records information sent by the User’s browser when displaying the website. The server logs may contain information such as network request, IP address, browser type and language, date and time of the request. This information allows to improve the quality of the Foundation’s services by identifying and storing User preferences and tracking trends, such as the methods in which the Foundation’s websites are searched. - Although most web browsers automatically allow cookies to be placed on the computer, the User may refuse to receive cookies, thus remaining anonymous. In this case, it should be remembered that by not agreeing to the placement of cookies, the user will not be able to fully use all the functions of the Website.
- In order to configure the options of your device in terms of consent to the saving of cookies and to determine the scope of saved cookies, the User may change the settings of the web browser used (in most cases, such an option can be found in the Tools or the Browser Preferences menu).
- The website informs that if the User fails to change the cookie settings, they will be stored on the User’s end device. In this case, websites may store information on the User’s end device and access this information.
Information on managing cookies in individual browsers can be found on the pages dedicated to individual browsers:
- Firefox: http://support.mozilla.org/pl/kb/ciasteczka
- Internet Explorer: http://support.microsoft.com/kb/196955/pl
- Chrome: http://support.google.com/chrome/bin/answer.py?hl=pl&answer=95647
- Opera: http://help.opera.com/Linux/12.10/pl/cookies.html
- Safari: http://support.apple.com/kb/HT1677?viewlocale=pl_PL&locale=pl_PL
5. Additional information on managing cookies can be found on websites such as www.allaboutcookies.org.
6. The following types of cookies are used on the Foundation’s websites:
ACTION | CHARACTERISTIC | TYPE |
Ensuring efficiency through … | § compatibility (e.g. identification of the browser type); § optimization (e.g. measurement of the loading time of the Website content); | Session -> cookies are deleted when the browser is closed |
Increasing security | § checking if the user’s device is logged in securely throughout the duration of his visit to the Website; | Session -> cookies are deleted when the browser is closed |
Remembering preferences | § improving the operation of the Website, e.g. through personalized content, greeting or remembering the selected language; | Session -> cookies are deleted when the browser is closed |
Analysis of the manner of using the Website | § Collecting statistics concern, among others the total number of visits and references to the Website; | Permanent -> deleted after a long lack of visiting the Website |
Feedback from Website Users | § not displaying one-off notifications after the User has moved to the next subpage of the Website; § not displaying periodic notifications for a defined period; | Session -> cookies are deleted when the browser is closed Permanent -> deleted after a long lack of visiting the Website |
Plugins / Widgets | § sharing the content of the Website on social media platforms; § recording user interactions on the Website (e.g. by means of a share counter). | Permanent -> deleted after a long lack of visiting the Website |
- Cookies placed on the Website User’s end device may also be used by third parties to offer users additional functionalities. The use of the above tools or widgets may result in the collection of cookies on users’ devices in order to facilitate the use of these websites and to ensure that user interaction is displayed correctly on our websites.
- Cookies themselves do not contain information about the User’s e-mail address and his personal data. Analytical reports used by the Foundation may contain other identifiers, including IP addresses that are used to determine the number of unique users of the Website and trends, e.g. by place of origin, and not to determine the User’s identity.
- An exception to the rules set out in the above-mentioned the point is the use of forms, e.g. contact forms, i.e. its completion and sending. In such cases, all personal data contained in the forms are entered by the data subjects themselves. In this situation, when the Website User provides us with information about his personal data, e.g. address, e-mail address, telephone and fax numbers, demographic data and other identifying information, such information will not be disclosed (for common use, for sale or as part of of our contacts) of any external organization, unless we are previously authorized to do so by him or the obligation to disclose this data rests with us under applicable law.
- The user has the right to access, correct and revoke the consent given to the processing of personal data at any time.
- The administrator of personal data provided by the User as part of the Website is the Foundation.
- The website uses Google Analytics tools. More information on the tools themselves can be found at: http://www.google.com/analytics/learn/privacy.html. In order to give website users more control over the data collected using Google Analytics tools, Google has developed a browser add-on to block Google Analytics. It should be emphasized, however, that the plug-in in question does not block the transmission of data to the website itself or to other web analytics services.
- In the event of a change in the current cookie policy, appropriate modifications will be made to the above provisions.
6. Complaints
- In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Polish Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827 of June 24, 2014).
- The Store is liable to the Customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the item sold (goods) is inconsistent with the contract if:
does not have properties that this type of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
does not have properties that the Store has provided to the Customer, including presenting a sample or pattern;
it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to such purpose;
was delivered to the Client incomplete. - Complaints regarding the ordered goods may be submitted by e-mail to the address info@babylystore.com or by registered mail to the address babyly Anna Czerwińska-Juszczyk, Lubostroń 33/38, 30-383 Kraków.
When submitting a complaint, please provide the following data: Customer’s name and surname, address, data enabling the identification of the sale (e.g. login, order number, transaction date), subject and reason for the complaint, contact details. - When specifying the manner of fulfilling the Store’s obligations in terms of the reported complaint regarding the occurrence of physical or legal defects of the item, the Customer who is a consumer has the right to submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces the defective item with free from defects or the defect will be removed. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.
- If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with one that is free from defects, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in a manner chosen by the
- Customer or would require excessive costs compared to the manner proposed by the Store. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
- The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.
- The customer cannot withdraw from the contract if the defect is irrelevant.
Complaints submitted by the customer will be considered within 14 days from the date of their submission. Failure to make a statement within this period shall be deemed recognition of the claims made by the Customer. - The customer will be notified of the outcome of the complaint in the same way as the complaint was sent, unless the customer reserves a different form of contact. The settlement of the complaint will be additionally sent by e-mail to the e-mail address provided by the Customer.
- In the event of a positive settlement of the complaint, the Store sends to the Customer the Goods free from defects or with the defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons specified in sec. 5 and 6, the Store according to an alternative request submitted by the
- Customer – will reduce the price or return the equivalent of the product price, plus shipping costs.
- 7. Withdrawal from the contract
- In accordance with the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827) The customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within 14 days from the date of delivery of the item, i.e. from the moment when the customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To meet the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry. The store allows the possibility of submitting a declaration of withdrawal from the contract by e-mail to the address info@babylystore.com.
- The declaration may be submitted on the form, the specimen of which has been included in Annex B and will be attached by the Store in a paper version to the product shipment. The use of this form is optional.
Pursuant to Art. 38 of the Act on consumer rights, the right to withdraw from a distance contract, in accordance with the Act, is not available to the consumer in the following cases:
for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
in which the consumer expressly demanded that the entrepreneur came to him to make urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or items;
concluded through a public auction; - In the event of withdrawal from the contract, the Customer is obliged to return the goods to the address agreed with the seller or hand it over to the person authorized by the Store for collection immediately, but not later than 14 days from the date on which the contract id rescinded, unless the Store suggested that will pick up the item. The returned goods should be packed in a way that prevents their damage during transport.
- If the Customer uses the right referred to in paragraph 1, the direct costs of returning the goods are covered by the customer.
- In the event of withdrawal from this contract, the Customer shall be reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store), immediately , and in any case no later than 14 days from the date on which the Store was informed about the Customer’s decision to exercise the right to withdraw from the contract with the Store.
- The reimbursement is made by the Store using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
- The Store may withhold the reimbursement until receipt of the returned Goods (items) or until proof of sending back the goods in connection with the withdrawal, depending on which event occurs first.
- If the Customer who is a consumer has chosen a method of delivery of the item (goods) other than the cheapest standard delivery method offered by the entrepreneur (applies to the method of original delivery to the Customer), the entrepreneur is not obliged to refund the additional costs incurred by the Customer.
- 8. Final provisions and a description of the possibility of using out-of-court complaint and redress procedures
- The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
- In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of April 23, 1964 r. – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).
- Information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection and at the Internet addresses of the Office of Competition and Consumer Protection.
- The administrator reserves the right to change the above regulations
Attachments to the Regulations
INFORMATION ABOUT THE RIGHT TO WITHDRAW FROM THE CONTRACT – NOTICE TO WITHDRAW FROM THE CONTRACT
The right to withdraw from the contract
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The deadline to withdraw from the contract will expire after 14 days from the day
in which you came into, or a third party other than the carrier and indicated by you came into, physical possession of the goods;
on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods;
in which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece;
in which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first item. - To exercise the right to withdraw from the contract, they must inform about their intention to withdraw from the contract: babyly Anna Czerwińska-Juszczyk, Lubostroń 33/38, 30-383 Kraków, NIP 8172161584 (Please note that the statement may be sent, for example, by post, e-mail) .
- You can use the model withdrawal form, but it is not obligatory.
- In order to keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
- Consequences of withdrawal from the contract
- In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
- We may withhold the reimbursement until we receive the items.
- Please send back or hand over the item to us immediately, and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 14 days has expired.
- You will have to bear the direct cost of returning the goods.
- You can only return a full-value product (new, unused).
- WITHDRAWAL FROM THE CONTRACT
We would like to inform you that this form should be completed and returned only if you wish to withdraw from the contract. The use of the form is optional.
Recipient:
babyly Anna Czerwińska-Juszczyk
Ul. & nbsp; Lubostroń 33/38
30-383 Krakow
e-mail – & nbsp; info@babylystore.com , phone 501-317-174
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)
……………………………………………………………………………………………….
Date and signature of the consumer (s) (only if the form is sent in paper version)
(*) Delete as appropriate