Terms of service

§ 1 GENERAL PROVISIONS

  1. The store teddylou.com operates under the rules specified in these Regulations.
  2. The regulations define the terms of concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the teddylou.com Store, the rules for providing these services, and the conditions for concluding and terminating contracts for the provision of electronic services.
  3. Each Service Recipient, upon commencing activities aimed at using the Electronic Services of the kasiamastroianni.pl Store, is obliged to comply with the provisions of these Regulations.
  4. In matters not regulated in these Regulations, the provisions of the following laws shall apply:
    1. the Act on the Provision of Electronic Services of July 18, 2002,
    2. the Consumer Rights Act of May 30, 2014,
    3. the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
    4. the Civil Code of April 23, 1964, and other relevant provisions of Polish law.

 

§ 2 DEFINITIONS IN THE REGULATIONS

  1. ORDER FORM – a form available on the kasiamastroianni.pl website that allows you to place an Order.
  2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Product Sales Agreement with the Seller.
  3. CONSUMER – a natural person who enters into a legal transaction with an entrepreneur not directly related to their business or professional activity.
  4. ENTREPRENEUR - a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity on their own behalf.
  5. PRODUCT – a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
  6. REGULATIONS - these Store regulations.
  7. STORE - the Service Provider's online store operating at teddylou.com.
  8. SELLER, SERVICE PROVIDER – Monika Senderska
  9. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller through the Store.
  10. ORDER - a declaration of will by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
  11. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3 INFORMATION ABOUT PRODUCTS AND ORDERING

  1. The store teddylou.com sells Products via the Internet.
  2. Products offered in the Store are new, in accordance with the contract, and have been legally introduced to the Polish market.
  3. Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.
  4. The price of the Product displayed on the Store's website is given in Polish zlotys (PLN) and includes all components. The price does not include delivery costs.
  5. Orders can be placed through the website using the Order Form (teddylou.com Store 24 hours a day, all year round).
  6. To place an Order in the Store, the Customer must read and accept the Regulations at the time of placing the Order.

§ 4 CONCLUDING THE SALES AGREEMENT

  1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller in accordance with § 3 point 5 and 6 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt of the Order and its acceptance for processing occurs by sending the Customer an appropriate email to the Customer's email address provided during the Order placement, which contains at least the Seller's statements about the receipt of the Order and its acceptance for processing and confirmation of the conclusion of the Sales Agreement. Upon receiving the above email by the Customer, a Product Sales Agreement is concluded between the Customer and the Seller.
  3. In the case of Customers who are Consumers, the Seller sends the Customer on a durable medium, the confirmation of the conclusion of the Sales Agreement.
  4. The Sales Agreement is concluded in Polish, with the content consistent with the Regulations.

§ 5 DELIVERY METHODS AND COSTS

  1. The delivery of Products is limited to the territory of Poland and takes place at the address indicated by the Customer when placing the Order.
  2. The delivery of Products to the Customer is chargeable unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transportation, delivery, and postal services) are indicated to the Customer when placing the Order and at the time of expressing the Customer's will to be bound by the Sales Agreement.
  3. The Seller provides the Customer with the following methods of Product delivery or collection:
    1. Courier shipment
    2. Postal shipment
  4. The delivery date of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the Product description or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, may not exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
    1. If the Customer chooses the method of payment by bank transfer, electronic payment, or credit card - from the day of crediting the Seller's bank account or settlement account.
    2. If the Customer chooses cash on delivery payment method - from the day of concluding the Sales Agreement.

§ 6 PAYMENT METHODS

  1. The Seller provides the Customer with various methods of payment under the Sales Agreement:
    1. Payment by bank transfer to the Seller's bank account.
    2. Electronic payments and card payments via a payment operator - possible current payment methods are specified on the Store's website in the "Payment methods" tab and on the operator's website.
    3. Cash on delivery payment at the place of delivery.
  2. Payment term:
    1. If the Customer chooses to pay by bank transfer, electronic payment, or credit card, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
    2. If the Customer chooses cash on delivery payment, the Customer is obliged to make the payment upon receipt of the delivery.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in § 7 point 7 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:
    1. In writing to the address: Monika Senderska, ul. Example 1, 00-001 Warsaw
    2. In electronic form via email to: example@example.com
  2. A sample contract withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in § 10 of the Regulations. The Consumer may use the template form, but it is not mandatory.
  3. The period for withdrawal from the contract begins:
    1. For a contract in which the Seller issues the Product, being obliged to transfer its ownership - from taking possession of the Product by the Consumer or a third party indicated by them other than the carrier, and in the case of a contract that includes many Products that are delivered separately, in batches or parts - from taking possession of the last Product, batch or part, or
    2. For other contracts - from the date of concluding the contract.
  4. In the event of withdrawal from a distance contract, the contract is considered null and void.
  5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments made by them, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual delivery method offered by the Seller).
  6. The Seller shall refund the payment using the same method of payment that was used by the Consumer unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for them. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until the Product is received back or the Consumer provides proof of its return, depending on which event occurs first.
  7. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which they withdrew from the contract. To meet the deadline, it is enough to send back the Product before its expiry. The Consumer may return the Product to the following address: Monika Senderska, ul. Example 1, 00-001 Warsaw.
  8. The Consumer bears the direct cost of returning the Product, including the cost of returning the Product if, due to its nature, the Product could not be returned by regular mail.
  9. The Consumer is only responsible for the decrease in the value of the Product resulting from its use in a way other than necessary to establish the nature, characteristics, and functioning of the Product.
  10. If the Product, due to its nature, cannot be sent back in the usual way by mail, information about this, as well as the cost of returning the Product, will be included in the Product description in the Store.
  11. The right to withdraw from a distance contract is not granted to the Consumer in relation to contracts:
    1. For the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the performance by the Seller, they will lose the right to withdraw from the contract.
    2. In which the price or remuneration depends on fluctuations in the financial market that are not controlled by the Seller and which may occur before the expiry of the deadline for withdrawal from the contract.
    3. In which the subject of the service is a non-prefabricated Product, manufactured according to the Consumer's specification or serving to satisfy their individual needs.
    4. In which the subject of the service is a Product that deteriorates quickly or has a short shelf life.
    5. In which the subject of the service is a Product delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery.
    6. In which the subjects of the service are Products that after delivery, due to their nature, are inseparably connected with other items.
    7. In which the subjects of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and whose value depends on fluctuations in the market that are not controlled by the Seller.
    8. In which the Consumer explicitly demanded that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the Consumer or delivers Products other than spare parts necessary for performing the repair or maintenance, the right to withdraw from the contract is granted to the Consumer for the additional services or Products.
    9. In which the subject of the service are audio or visual recordings or computer software delivered in a sealed package if the package was opened after delivery.
    10. For delivering newspapers, periodicals, or magazines, except for subscription contracts.
    11. Concluded through a public auction.
    12. For providing accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract indicates the day or period of service provision.

§ 8 COMPLAINTS AND GUARANTEE

  1. The Sales Agreement covers new Products.
  2. The Seller is obliged to deliver the Product free from defects to the Customer.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to file a complaint based on the provisions regarding warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under warranty.
  4. Complaints should be reported in writing or electronically to the addresses of the Seller provided in these Regulations.
  5. It is recommended that the complaint include: information and circumstances regarding the subject of the complaint, particularly the type and date of the defect's occurrence; a request for bringing the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and the complainant's contact details. This will facilitate and accelerate the processing of the complaint by the Seller. The requirements stated in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  6. The Seller shall respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer, who is a Consumer, requested the replacement of the item or rectification of the defect, or made a statement of price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was justified.
  7. The Product return process for a complaint:
    1. If the replacement or repair requires returning the Product to the Seller, the Seller will notify the Customer to send the Product back at the Seller's expense.
    2. If the Customer requests the replacement or repair of the Product due to its defect, the Seller shall bear the costs associated with the delivery of the repaired or replaced Product to the Customer.
  8. Complaints related to the provision of electronic services by the Store can be submitted by the Customer in writing to the address provided in these Regulations.
  9. The Seller shall respond to complaints regarding electronic services promptly, no later than within 14 calendar days from the date of their submission.

§ 9 OUT-OF-COURT COMPLAINT HANDLING AND REDRESS METHODS

  1. Detailed information on the possibility for the Customer who is a Consumer to use out-of-court complaint handling and redress methods, and the rules of access to these procedures, are available at the offices and websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl and http://www.rzu.gov.pl.
  2. The Customer who is a Consumer has the following examples of out-of-court complaint handling and redress methods:
    1. The Customer is entitled to apply to a permanent consumer arbitration court, as referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), to resolve a dispute arising from the concluded Sales Agreement.
    2. The Customer is entitled to apply to the provincial inspector of Trade Inspection, as referred to in Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller.
    3. The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Association of Polish Consumers).

§ 10 FINAL PROVISIONS

  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. The Seller reserves the right to amend these Regulations for important reasons, such as changes in legal provisions, changes in payment and delivery methods - to the extent that these changes affect the implementation of these Regulations' provisions. The Seller will inform the Customer about each amendment with at least 7 days' notice.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Electronic Services of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

§ 11 TEMPLATE WITHDRAWAL FORM

The template withdrawal form is attached as Appendix 2 to the Act on Consumer Rights and is also available in the Online Store under the "Withdrawal Form" tab.

Appendix No. 2 to the Act on Consumer Rights

[Recipient's name and address]
I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the supply of the following service(*)
- Ordered on(*)/received on(*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.