TERMS AND CONDITIONS
OF THE ONLINE STORE
kept at www.tinystar.pl
valid from 07/10/2020
The Regulations define the rules for the provision of sales services via the website of the online store operating under the domain: www.tinystar.pl. It is a document required under Art. 13 of the Act of 30 May 2014 on the rights of the CONSUMER (Journal of Laws of 2014, item 827). The SELLER and at the same time the ADMINISTRATOR of the online store is the company:
PIK JAKUB RODZIK
Address: Żaby 63A, 96-314 Baranów
Address for CORRESPONDENCE and SHIPMENTS: as above
tel. +48 512-501-664
The company entered into the Central Register and Information on Economic Activity (CEIDG) under the NIP number: 5291668141, REGON: 147212113 The BUYER has the right to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations, before placing the order - within the limits permitted by law. Negotiations, in order to be valid, require a written form. If the BUYER resigns from the possibility of concluding a contract through individual negotiations, the following regulations shall apply.
1.INTERNET STORE - means that the CONTRACT for the sale or provision of services is concluded electronically and if a CONSUMER is a party to the contract, it takes place under the conditions described in the Act of May 30, 2014 on the rights of the CONSUMER (Journal of Laws of 2014, item 827) .
2. CUSTOMER a natural person, as well as a legal person and an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, and which concludes or intends to conclude a contract or uses other services offered through the website of the INTERNET STORE.
3. CONSUMER - CUSTOMER, a natural person who performs a legal transaction with the SELLER not directly related to its business activity - precise definition - Civil Code Art. 22.
4. PRODUCT - an item offered for sale or a service offered in the INTERNET STORE.
5. TERMS AND CONDITIONS - these ONLINE SHOP Regulations.
6. SALES AGREEMENT - a product sale agreement concluded remotely via the INTERNET STORE.
7. ORDER - a declaration made electronically or by phone about the willingness to conclude a contract (ordering a product or service).
8. NEWSLETTER - a service provided electronically by the SELLER, consisting in sending commercial and advertising information to the interested parties to the e-mail address provided by the interested party.
2. General provisions.
1.Scope of activity - mail order sale using the website of articles for babies and toddlers - in particular own products under the TINY STAR brand.
2.The SELLER applies the European Code of Conduct in Electronic Commerce. Below is a link to the Polish version of the Code: http://www.euro-label.com/pl/kodeks/index.html
3.CUSTOMER - is obliged to enter data into the system in accordance with the facts, lawful and morally. The data provided may not infringe personal rights or property rights of third parties.
4.The SELLER is a VAT payer and issues a sales document - a receipt or invoice for each sale of a product.
5.Commercial information - price lists, descriptions, advertisements and other information about the Products on the SELLER's website constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
1. THE ONLINE STORE carries out orders with shipment to European countries.
2. Before placing an order, the CUSTOMER must read these TERMS AND CONDITIONS. The fact of reading and accepting all the provisions of these regulations is clearly confirmed during registration in the system and before the final confirmation of the order. The order form will not be accepted without such confirmation.
3. An electronic order can be placed 24 hours a day. daily, 7 days a week.
4. The execution of the order (preparation and shipment of PRODUCTS) by the SELLER takes place:
a) after receiving the payment to the account - if prepayment has been selected.
b) for card payments - from the moment of obtaining a positive authorization.
The order completion date for products in stock - no longer than 3 working days from the date agreed as in the previous point. In most cases, orders are processed within 24 - 48 hours. In the case of products offered on request, the date will be specified when placing the order.
1. The product prices given in the store's offer are prices in EURO and are gross prices (they include taxes required by law, including VAT).
2. The given product prices do not include delivery costs.
3. The price binding for the CUSTOMER is the price valid at the time of placing the order.
5. Payment methods:
a/ prepayment - by transfer to the bank account provided in the SELLER's details or sent in the order confirmation;
b/ PayPal payment system, which also supports payment cards: American Express, Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
1.If the payment in the form of a prepayment by bank transfer is chosen, the CUSTOMER is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Parties to the Sales Agreement agree otherwise.
2. The SELLER has the right to limit the available payment methods, including requiring prepayment in whole or in part.
6. Shipment of goods
1.Delivery costs are borne by the CUSTOMER, unless the description of the product offer states otherwise.
2.When completing the interactive order form, the CUSTOMER is informed about the costs and chooses the method and accepts the shipping cost when placing the ORDER.
3.We send the purchased products by courier GLS or DPD.
The right to withdraw from the contract (RETURN OF GOODS) in the case of distance sales with the participation of the CONSUMER.
1. Pursuant to Article 27 of the Act on the rights of the CONSUMER (Journal of Laws of 2014, item 827), the CONSUMER by concluding a "distance contract" - has the right to withdraw from the contract without giving any reason - within 14 calendar days from the date of taking possession of the PRODUCT. In the event of withdrawal from the contract, the CONSUMER is entitled to a reimbursement of the costs incurred. If, at the time of concluding the contract, the CONSUMER chose a method of delivery other than the cheapest standard method offered by the SELLER - the SELLER is not obliged to reimburse the CONSUMER for additional costs that exceed the cheapest method. The condition for keeping the deadline is submitting the SELLER a declaration of withdrawal from the contract within this time. The declaration sent electronically is also important - you can use the ready form (Declaration of withdrawal from the contract). In the case of submitting the declaration in electronic form, the SELLER will immediately send the CONSUMER on a durable medium a confirmation of receipt of the declaration of withdrawal from the contract.
2. After sending the statement, the CONSUMER is obliged to return the product to the CORRESPONDENCE address provided in the SELLER's details within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract) - unless the SELLER has offered to pick up the PRODUCT himself. The date of sending the parcel is decisive for meeting the deadline.
3. The CONSUMER is liable for the decrease in the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item
4. The SELLER will return the payments made by him within 14 calendar days, including the costs of delivering the goods from the SELLER to the CONSUMER. The SELLER may, however, withhold the reimbursement until the item is returned or the CONSUMER provides proof of its return - depending on which event occurs first. The SELLER will refund the payment using the same method of payment as used by the CONSUMER, unless the CONSUMER has expressly agreed to a different method of return that does not involve any additional costs for him.
5.If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.
6.Direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CUSTOMER).
7. The CONSUMER is not entitled to withdraw from a distance contract in the cases listed in the appendix.
8. The SELLER does not accept parcels sent "cash on delivery". Return shipment should be adequately protected against damage in transit.
Liability under the warranty and guarantee when selling with the CONSUMER.
1.The SELLER is obliged to deliver the PRODUCT that is the subject of the contract - without defects.
2.The SELLER is liable under the warranty for physical defects that existed at the time the danger passed on to the buyer or resulted from a cause inherent in the item sold at the same time - for a period of 2 years.
3.The SELLER informs that in the case of PRODUCTS also covered by the guarantee, the rights of the buyer and the obligations of the guarantor in this respect are specified and should be performed in accordance with the conditions set out in the WARRANTY BOOK. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit or suspend the CONSUMER's rights under the SELLER's liability under the provisions on the warranty for defects in the sold item (Article 577 of the Civil Code).
4.The SELLER is released from liability under the warranty if the CONSUMER knew about the defect at the time of concluding the contract.
5.In the event of a defect or non-compliance of the delivered PRODUCT with the contract, the CONSUMER has the right to file a complaint.
6.In order to submit a complaint, we recommend that the CONSUMER completes the complaint protocol (DrukReklamacyjny.doc), or in another form describes the grounds for the complaint and demands for the removal of defects, and sends the notification by e-mail or by post to the SELLER's correspondence address provided in the header.
7.Defective PRODUCT - in agreement with the SELLER - if it is possible and expedient - the CONSUMER who exercises the rights under the warranty will be obliged at the SELLER's expense to deliver the goods to the place indicated in the sales contract, and if such a place is not specified in the contract - to the place, in which the item was delivered to the CONSUMER. If, due to the type of item or the method of its installation, the delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to make the item available to the SELLER at the place where the item is located.
8.If the item sold has a defect, the CUSTOMER may submit a statement requesting a price reduction or withdrawal from the contract, unless the SELLER immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER or the SELLER did not satisfy the obligation to replace the item with a non-defective one or remove the defect.
9.If the BUYER is a CONSUMER, he may, instead of the removal of the defect proposed by the seller, demand that the item be replaced with a defect-free one, 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 the manner chosen by the buyer or would require excessive costs compared to the manner proposed by the seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
10.The reduced price should be proportional to the price resulting from the contract in which the value of the defective item is to the value of the item without a defect.
11.The BUYER may not withdraw from the contract if the defect is irrelevant.
12.The SELLER will consider the complaint without undue delay. Not later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER in writing or by e-mail about the status of the complaint. If a complaint is left unanswered within this time, the complaint is deemed to be accepted.
13.After accepting the complaint, the SELLER will reimburse the CONSUMER the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to the bank account.
14.If the acceptance of the complaint is related to the repair or replacement of the goods - the SELLER will send the product back to the CONSUMER at his own expense.
Electronic services and technical conditions for using the website
1.SELLER - in order to conclude a contract, he provides the following services via the website of the online store:
· creating and administering a CUSTOMER account in the online store;
· processing the order form for products in the online store;
· with the consent of the CUSTOMER - sending commercial information, promotional offers, etc. in the form of a "newsletter" service.
The provision of electronic services in the above-mentioned scope is free of charge. The contract for the provision of electronic services consisting in the management and administration of the CUSTOMER's Account on the WEBSITE is concluded for an indefinite period. The conclusion is considered to be the end of the CUSTOMER registration process on the WEBSITE. The contract for the provision of electronic services consisting in enabling the submission of an Order in the Online Store by filling out the order form is concluded for a definite period of time - for the period of filling and processing the order - and is terminated upon submission and acceptance of the Order. The "newsletter" service is concluded for an indefinite period. The contract is concluded at the time of consent to send a message to the CUSTOMER's address provided during registration. The CONSUMER may withdraw from the contract for the provision of the service without giving reasons within 14 days from the conclusion of the contract - except when the provision of the service begins before this period with the consent of the CONSUMER - by submitting a declaration of withdrawal to the entrepreneur:
· using the electronic model withdrawal form (Annex to the REGULATIONS),
· in the form of an e-mail or in writing to the address of the SELLER (SERVICE PROVIDER)
in the case of a service concluded for an indefinite period, both parties have the right to terminate the contract:
· The CONSUMER may terminate the contract for the provision of electronic services at any time by submitting an appropriate statement in electronic or written form to the address of the SELLER. The SELLER will immediately confirm the receipt of the declaration. The SELLER, within 7 days of receiving the notice, will remove from the data the records covered by the protection of personal data related to the service and cease to provide it.
· The SELLER terminate the contract for the provision of electronic services if the CONSUMER objectively and unlawfully grossly violates the Regulations - with a 30-day notice period from the date of giving the notice. If entrepreneurs are both parties to the contract, the SELLER may terminate the contract for the provision of Electronic Services with immediate effect.
· The SELLER and the CUSTOMER may terminate the contract for the provision of electronic services at any time by agreement of the parties.
Processing and protection of personal data
1.The SELLER is the administrator of the CUSTOMER's Personal Data processed in connection with the use of the ONLINE STORE.
2.Providing personal data, as well as consent to their processing are completely voluntary. All personal data provided to us are processed only to the extent and for the purpose for which the CUSTOMER agreed. In the event that the CUSTOMER does not provide the data necessary for the execution of the order and does not consent to their processing, it may not be possible to complete the order.
3.The administrator ensures the security of the transferred data and the implementation of CUSTOMERS 'rights resulting from the GDPR regulation. The CUSTOMER has the right to access their personal data and rectify them or request their complete removal (unless it is contrary to the law) or limit the right to process their personal data at any time - for this purpose, you can use the function in the update store program user account details or please send a request (e.g. to the e-mail address provided) specifying the request to change or delete data from the records.
4.The CUSTOMER has the right to receive data concerning him in a structured, commonly used and machine-readable format. He also has the right to send these data to another administrator, without any obstacles on the part of the ADMINISTRATOR from whom the data will be extracted (Article 20 (1)). In cases where it is technically possible, the CUSTOMER may request the ADMINISTRATOR to send his data directly to another administrator (Article 20 (2)).
5.The ADMINISTRATOR may refuse to delete the CUSTOMER's data only in the cases indicated by applicable regulations, in particular if the CUSTOMER has not paid all amounts due to the ADMINISTRATOR.
6.To perform the contract service, it is necessary to provide the following CONSUMER data:
· surname and name,
· shipping address for products,
· e-mail adress,
· contact telephone number,
· in the case of a company, additionally company name and tax identification number.
All personal data provided during the ordering process are used only to shape, conclude, amend or terminate the Agreement between the SERVICE PROVIDER and the CUSTOMER and to implement the Sales Agreement or contract for the provision of Electronic Services or the implementation of the order and are not shared with other institutions or third parties - except for those described in point .6. In the case of sale of products through the INTERNET STORE in order to deliver products to the CUSTOMER, personal data necessary to address and deliver the parcel are transferred to companies professionally engaged in delivering parcels - in particular to the Polish Post Office, and courier companies - together with entrusting the parcel for delivery. If the CUSTOMER agrees to the processing of his data for marketing purposes and sending commercial information and signs up on the list of subscribers, he will receive a "newsletter" to the e-mail address provided by him. At any time, the CUSTOMER may unsubscribe from the newsletter service.
1.The contract is concluded in Polish and under the jurisdiction of Polish law. This choice, however, does not deprive the CONSUMER of the protection granted to him by the provisions that cannot be excluded by agreement, under the law of the country in which the CONSUMER has his habitual residence, and the entrepreneur directs his activities to that country and the contract falls within the scope of this activity.
2.The provisions of these REGULATIONS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER within the meaning of the provisions of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended) - he is entitled to under the applicable legal regulations. In the event of non-compliance of the provisions of these REGULATIONS with the above provisions, these provisions shall prevail.
3.The content of the Regulations is available all the time in the REGULATIONS tab on the SELLER's website and may be copied and printed at any time by the Buyer. The content of the REGULATIONS may also be sent at any time by e-mail or by post at the request of the CUSTOMER. TERMS AND CONDITIONS together with attachments are also delivered to the CUSTOMERS attached to the e-mail confirming the order and conclusion of the contract.
4.In matters not covered by these Regulations, the relevant legal provisions will apply, in particular:
5.Act of April 23, 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended);
6.Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002 No. 101, item 926, as amended) - valid until May 24, 2018;
7.Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection) - hereinafter referred to as the GDPR and related provisions. - valid from May 25, 2018
8.Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
9.The Act of June 30, 2000 Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);
10.Act of February 4, 1994 on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, as amended),
11.Act of 30 May 2014 on the rights of the CONSUMER (Journal of Laws of 2014, item 827)
12.In the event that the REGULATIONS contain provisions contrary to the above-mentioned or other applicable regulations in the Republic of Poland - these provisions shall take precedence over the wording of the REGULATIONS.
13.If any of the provisions of these REGULATIONS is found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, it shall be excluded in this regard. In the remaining scope, the Regulations remain valid.
14.All names of PRODUCTS offered for sale by the INTERNET STORE are used for identification purposes and may be protected and reserved pursuant to the provisions of the Industrial Property Law Act (Journal of Laws 2001 No. 49 item 5081 as amended).
15.All photos posted on the WEBSITE are protected on the basis of the Act of February 4, 1994 on copyright and related rights - (Journal of Laws 1994 No. 24 item 83, as amended) - they have a creative and individual character. They cannot be copied without the consent of the Website Administrator.
16.In the event of disputes related to the implementation of the concluded contract, the parties will endeavor to resolve the dispute by way of out-of-court arbitration - including resolution of the dispute before a mediator. If the dispute is not settled amicably, the court competent to resolve the dispute will be the Common Court.
17.Performing the obligation to indicate extrajudicial methods of dealing with complaints and redress and the rules of access to these procedures, we hereby inform you that up-to-date information in this regard is available at: http://prawaKONSUMENTA.uokik.gov.pl Consumers and entrepreneurs can use the online ODR platform established by the European Commission for the amicable settlement of disputes. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK keeps a register of entities authorized to out-of-court resolution of consumer disputes at https://www.uokik.gov.pl/reawod_podmiot_uprawNYCH.php.
18.The content of Annexes 1, 2 and 3 is an integral part of these REGULATIONS,
Attachment no. 1 to the REGULATIONS:
The CONSUMER is not entitled to withdraw from a distance contract in the following cases:
1. contract 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;
2. a 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 the contract;
3. a contract where the subject of the service is a non-prefabricated item, manufactured according to the CONSUMER's specification or serving to satisfy individual needs;
4. for an agreement where the subject of the service is an item that deteriorates quickly or has a short shelf-life;
5. for an agreement where 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;
6. for an agreement where the subject of the service are items that after delivery, due to their nature, remain inseparably connected with other items;
7. a contract where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on market fluctuations over which the entrepreneur has no control
8. an agreement in which the CONSUMER has expressly requested that the entrepreneur come to him for urgent repair or maintenance. If the entrepreneur provides additional services other than those requested by the CONSUMER, or delivers items other than spare parts necessary for repair or maintenance, the CONSUMER has the right to withdraw from the contract in relation to additional services or items;
9. for an agreement where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
10. contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
11. a contract concluded at a public auction;
12. contracts for the lease of a building or premises for purposes other than residential, transport of goods, car rental, gastronomy, leisure services, if the contract indicates the day or period of service provision;
13. contracts for the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the CONSUMER before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
Attachment no. 2 - constitutes the "Form of withdrawal from the contract"
Attachment no. 3 - constitutes the "Product Complaint Form"