Therms & Conditions
I. GENERAL PROVISIONS
1. The Online Store run under the Internet address www.Pom-Pom.pl is run by an economic entity under the name Pom-Pom Justyna Łuczaj, Katarzyna Perek entered into the Central Register and Information on Economic Activity of the Republic of Poland, possessing : NIP 9662115965 , REGON 36851002600000 , email email@example.com, phone number +48 605 081 802
BANK ACCOUNT: 87 1140 2004 0000 3002 7715 4569
2. The contract is concluded in English, in accordance with European Union law and these regulations.
3. These Regulations are addressed to consumers using the Online Store
4. The Seller is obliged and undertakes to provide services and deliver items free from defects.
5. All prices provided by the Seller do not include the cost of delivery, which is specified in the delivery price list.
6. The Seller does not grant the Buyer a guarantee within the meaning of art. 577 of the Civil Code, but informs about the guarantees issued by third parties for products in the store.
7. The administrator of personal data processed in service is the Service Provider. Personal data is processed based on the rules set out in the Online Store Regulations. Providing personal information is voluntary. Each person whose personal data is processed by the Service Provider has the right to inspect their content and the right to update and correct them.
8. Browsing the content of the Website does not require providing any data, in particular creating an account on the Website.
9. The Buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access his account. Login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties.
10. The Service Provider makes it possible to delete the account at any time by sending an appropriate request to the address of the Service Provider firstname.lastname@example.org. The cancellation of the account does not affect the implementation of the orders confirmed by the Service Provider (the contract has been concluded, which does not deprive the Consumer of the right to withdraw from the contract on terms described in the Regulations).
11. Information about goods available on the Website constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
1. Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street number, apartment or flat number, in the case of a town not divided into: streets and real estate number), postal code and town.
2. Address for returns: Pom-Pom s.c. Justyna Łuczaj, Katarzyna Perek ul. Łąkowa 14a, 15-603 Olmonty, Poland
3. Price list - located at the address www.pom-pom.pl/dostawa a list of available types of delivery and their costs.
4. Delivery - type of transport service along with the specification of the carrier and the cost mentioned in the delivery price list located at the address www.pom-pom.pl/dostawa
5. Business day - one day of the week, except weekends and holidays
6. Order Form - the use of the Order Form begins with the Customer adding the first Product to the electronic basket in the Online Store. In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and data concerning the Sale Agreement: Product (s) , quantity of the Product (s), place and method of delivery of the Product (s), method of payment. The Electronic Order Form Service is provided free of charge and is of a one-off nature and terminates when the Order is placed via it or when the Ordering Party ceases to place the Order through it.
7. Registration form - a form available in the Online Store that allows you to create an Account.
8. Product card - a single store subpage containing information about a single product.
9. Customer - an adult person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making purchases with the Seller directly related to its business or professional activity.
10. Civil Code - Civil Code Act of April 23, 1964, as amended.
11. Consumer - an adult person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
12. Basket/CART - a list of products made from the products offered in the store based on the Buyer's choices.
13. Account - Electronic Service, marked with an individual name (login) and password provided by the Service User.
14. Buyer - both Consumer and Customer
15. The moment of delivery - the moment at which the Buyer (or a third party designated by him to take possession) will take possession of it.
16. Newsletter - Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all recipients of the Service to automatically receive from the Service the cyclical content containing information about Products, news and promotions in the Online Store.
17. Payment - method of payment for the subject of the contract and delivery mentioned at www.pom-pom.pl
18. Consumer law - Consumer rights act of 30 May 2014.
19. Product - the minimum and indivisible number of items that can be the subject of the order and which is given in the Seller's store as a unit of measure in determining its price (price / unit).
20. Subject of the contract - products and delivery being the subject of the contract.
21. Object of the service - subject of the contract.
22. Shop - internet service available at www.pom-pom.pl, through which the Consumer can place an order.
23. Completion date. Ready to ship - number of hours or business days on the product card.
24. Agreement - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of 23 April 1964 in the case of Buyers.
25. Defect - both physical defect and legal defect.
26. Physical defect - incompatibility of the item sold with the contract
27. Order - Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of things, details of the Buyer and aiming directly at the conclusion of the contract between the Buyer and the Seller.
III. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
1. Orders can be placed 24 hours a day.
2. The price of the Product is shown on the Online Store website.
3. Conclusion of the Sale Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store. In order to place the order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- a. Adding a product to the cart
- b. Choosing the type of delivery;
- c. Choosing method of payment
- d. Placing an order in the store by using the "Buy and pay" button.
4. Confirmation of receipt of the Order and its acceptance for implementation shall take place by sending by the Seller an appropriate e-mail within 48 hours of placing the order for the Customer's e-mail address provided at the time of placing the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
5. The Customer's order for cash on delivery takes place immediately, and the orders payable by bank transfer or via the electronic payment system after posting the Consumer's payment on the Seller's account.
6. Sending the subject of the contract takes place within the time specified on the product card, and for orders placed from many products in the longest term from the products specified on the cards. The period starts from the moment the order is processed.
7. For orders with a special date of completion and products on special order, the waiting time for delivery is determined individually
8. The purchased subject of the contract is sent to the place of delivery selected by the Buyer of the delivery method indicated
by the Buyer in the order
9. The Service Provider, using the online store operating at the Internet address www.pom-pom.pl, does not sell goods wholesale. If you intend to place an order for a large volume of goods or for a large value, please contact the Service Provider in advance. Orders placed in violation of the provisions referred to in this paragraph shall not be confirmed by the Service Provider. If you want to establish commercial cooperation with the Service Provider in the field of wholesale, we encourage you to contact the Service Provider directly.
IV. WAYS AND PAYMENT METHOD FOR PRODUCTS
1. Sprzedawca udostępnia Klientowi następujące sposoby płatności z tytułu Umowy Sprzedaży:
- Payment on delivery (COD)
- Electronic payments via tpay.com - possible current payment methods are specified on the Online Store website in the "Payment methods" tab and on the website www.tpay.com
2. Settlement of transactions with electronic payments and payment cards are carried out in accordance with the Customer's request via tpay.com. The service of electronic payments and payment cards is provided by:
Tpay.com payment system belonging to the company
Krajowy Integrator Płatności S.A.
ul. Św. Marcin 73/6
61-808 Poznań, Poland
3. Payment deadlines:
If the Customer selects electronic payments or payment by a payment card, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement and if the Customer selects cash on delivery, the Customer is obliged to make the payment upon delivery
4. Dokonując zakupu produktów z działu “Plakaty” klient płaci za wydruk, papier i usługę wydruku. Projekt graficzny każdego plakatu jest bezpłatny.
V. COST, METHODS AND TIME OF DELIVERY OF THE PRODUCT
1. The delivery of the Product is available on the territory of the Republic of Poland and the European Union countries (otherwise, please contact store staff in advance - email@example.com)
2. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the footer of the "Delivery" page and during the Order placement, including when the Customer wishes to be bound by the Sales Agreement. The Seller provides the Customer with the following methods of delivery or collection of the Product: Courier shipment, courier COD delivery (available in Poland only).
3. The date of delivery of the Product to the Customer consists of the date of order completion and the time needed for the courier package transport. The deadline for completion is up to 7 Business Days, unless a different date is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date. The beginning of the delivery of the Product to the Customer counts as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or by credit card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses the method of payment on delivery - from the day of conclusion of the Sales Agreement
The delivery time, i.e. the time needed for transporting the shipment to the customer, is 1-2 business days in Poland, within the European Union the time depends on the country of shipment and distance. Courier companies providing services in this area are responsible for the delivery time.
1. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability due to a Product defect and Customer's rights are set out on the Online Store website in the footer of the "Returns and Claims" page.
2. The Seller pursuant to art. 558§1 of the Civil Code completely excludes liability towards customers due to physical and legal defects (warranty).
3. The Seller is liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent ones for defects (warranty).
4. The Consumer, if the item sold has a defect, may: a. Make a statement about the demand to lower the price; b. submit a statement of withdrawal from the contract; unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for a defect-free one or removes the defect.
5. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) request a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complaining party - this will facilitate and accelerate the complaint handling by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
6. Consumer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in a manner chosen by the Consumer is impossible or would require excessive costs compared to the proposed method by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
7. The consumer can not withdraw from the contract if the defect is irrelevant.
8. If the sold item has a defect, the consumer may also: a. Demand replacement of the item for one free from defects; b. request removal of the defect.
9. The Seller is obliged to replace the defective product with one free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.
10. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
11. The Seller is obliged to accept a faulty item from the Consumer in the event of replacing the item with a non-defective one or withdrawing from the contract.
12. The Seller will respond within fourteen days to:
- a. A statement of a demand to lower the price;
- b. Declaration of withdrawal from the contract;
- c. Requesting the exchange of goods for one free from defects;
- d. Request for removing the defect.
13. In case expiry date specified by the Seller or the manufacturer ends after two years from the delivery of the item to the consumer, the seller is liable under the warranty for physical defects of this item stated before the expiry of this period. The consumer may submit a statement of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item free of defects or removal of the defect, the deadline for submitting a declaration of withdrawal or price reduction begins with the ineffective expiry of the deadline for replacement or removal disadvantages.
VII. RIGHT TO WITHDRAW FROM THE AGREEMENT
1. The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
2. Items made for special orders in accordance with the client's wishes are not refundable.
3. The deadline for withdrawing from a distance contract is 14 days from the moment the item is delivered by the carrier, and it is sufficient to send a statement before its expiry.
4. The declaration on withdrawal from the contract may be submitted by the Consumer on a form, the template of which is attached as Annex 2 to the Consumer Law or in another written form consistent with the Consumer Law.
5. The Seller excludes the possibility of submitting a statement of withdrawal from the contract in a different form than in a written form.
6. The Seller shall immediately confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of a declaration of withdrawal from the contract.
7. In case of withdrawal from the contract, the contract is considered null and void.
8. The consumer bears the direct costs of returning the Product.
9. The consumer is obliged to return the item to the Seller immediately, however not later than within 14 days from the date on which he rescinded the contract. To stick to the deadline, all you have to do is return the item before its expiry.
10. The consumer sends back the items being the subject of the contract from which he resigned at his own expense and risk.
11. The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, refund to the Consumer all payments made by him, excluding the costs of delivering the item. The Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
12. The Seller returns the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different payment method which does not involve any costs for him.
13. The Seller may withhold reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return.
14. The consumer, pursuant to Article 38 of the Consumer Law, shall not be entitled to withdraw from the contract:
- a. In which the subject of the service is a non-prefabricated item, manufactured according to the consumer's
specification or serving to satisfy his individual needs;
- b. In which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- c. In which the object of the service are items which after delivery, due to their nature, are inseparably connected with other things;
VIII. FINAL PROVISIONS
1. Change of Regulations: The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded from December 25, 2014 with customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of generally applicable law.