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Terms and Conditions

Terms and Conditions

 

§1 Introductory provisions

 

 

 PeachPerfect online store, available at www.peachperfect.pl, is owned by Zuzanna Balcerzak running a sole proprietorship under the name P.P. Zuzanna Balcerzak, NIP: 9731074822

 

This hereby Terms and Conditions are addressed to consumers and defines rules and procedures of concluding remote sales agreement with a Consumer via the Shop.

 

§2 Definitions

 

  1. Consumer - a natural person entering into an agreement with the Seller through the Shop, whose object is not directly related to his business or professional activity.
  2. Seller - Zuzanna Balcerzak with headquarters in Krakow, 24 Głowackiego Street, postal code 30-085, NIP 96111908366,
  3. Client - any entity making purchase through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, doing business on its own behalf, which uses the Store.
  5. Store - an online store operated by the Seller at PeachPerfect.pl
  6. Remote contract - an agreement concluded with the customer within

organized system for concluding distance contracts (within the Store), without the  simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.

  1. Rules - these rules of the Store.
  1. Order - Customer's declaration of will made by means of an Order Form

            Order Form and aiming directly at concluding a Product Sales Agreement

            or Products with the Seller.

  1. Account - client's account in the Shop, where the data given by the

            Customer and information about orders placed by him in the Store. 10.

  1. registration form - a form available in the Store, allowing the creation of an

             Account.

  1. Order form - interactive form available in the Store that allows you to place an Order,   in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including delivery and payment methods.
  1. Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the number of products. 13) Product - a product available in the Store, in which the Customer may place an Order.

 

  1. Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Customer and the Seller. 14) Sales Agreement - sales agreement between the Customer and the Seller.

 

  1. Sales Agreement - a contract of sale of a Product concluded or concluded between the Client and Seller through the Online Store. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and contract for specific work.

 

§3 Contact Information

 

Seller's address: Głowackiego 24/124, 30-085 Kraków

            Seller's e-mail address: hipband@peachperfect.com

            Seller's phone number: +48 730810880

            The Client may communicate with the Seller using the addresses and telephone        numbers

elephone numbers given in this paragraph.

The Client can communicate with the Seller by phone between 8 am and 4 pm.

 

§4 Technical requirements

 

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary a final device with access to the Internet and a web browser an active electronic mail account (e-mail), cookies enabled, FlashPlayer program installed.

 

§5 General information

 

  1. Seller to the fullest extent permitted by law is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by
  3. providing the necessary personal and address information to allow the implementation of the order without creating an Account.

 

  1. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  1. The final (final) amount to be paid by the Customer consists of the price for the product and the cost of delivery (including fees for transport, delivery and postal services), of which the Customer is informed on the Store's website during the placement of the Order, including the moment of expressing his or her will to be bound by the Sales Agreement.
  2. In the case of a Contract covering subscription or provision of services for an indefinite period of time, the final (final) price shall be the total price including all payments for the settlement period.
  3. When the nature of the subject matter of the Contract does not allow, in a reasonable estimation, to calculate the final (final) price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services and other costs, shall be given in the Store in the Product description.

 

 

§7 Rules of placing an Order

 

In order to place an Order it is necessary to:

 

  1. log in to the Store (optionally);
  2. select the Product which is the subject of the Order and then click the "Add to basket" button
  3. basket" (or equivalent);

 

  1. log in or use the possibility of placing an Order without registration;
  1. if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery)
  2. Product), enter the data for the invoice, if different from the data of the recipient of the Order,

 

  1. click the button "Order and pay"/"Order and pay" and
  1. confirm the order by clicking on the link sent in the e-mail,

 

  1. choose one of the available payment methods and depending on the payment method,
  1. pay for the order within a specified time, subject to §8 point 3.

 

§8 Offered methods of delivery and payment 

 

The Customer can use the following methods of delivery or collection of the ordered Product:

 

  1. Postal delivery, Paczkomaty InPost
  2. Personal collection available at the following address: Głowackiego 24/124, 30-085 Kraków

 

The Client can use the following payment methods:

 

  1. Payment by bank transfer to the account of the Seller
  2. Electronic payment
  3. information about the delivery methods and acceptable methods of payment can be found on the pages of the Store.

 

§9 Performance of  the Sales Agreement

 

  1. Conclusion of the Sales Agreement between the Client and the Seller takes place after prior submission of the Order by the Client using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.
  2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.
  3. If the Customer chooses:
    1. payment by bank transfer, electronic payment or payment card, the Customer

 

    1. transfer payment or payment by credit card, the Customer is obliged to make the payment within 2 calendar days from the day of concluding the Sales Agreement - otherwise the order will be cancelled.

 

  1. payment in cash upon the personal receipt of the consignment, the Customer is obliged to make payment upon receipt of the consignment within 1 day of receipt of information that the consignment is ready for collection.
  1. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to sec. 5 of this paragraph), in the manner selected by the Customer when placing the Order.
  2. The beginning of the term of delivery of the Product to the Customer is calculated as follows:

 

  1. If the Customer chooses the method of payment by transfer or electronic payment - from the date of crediting the bank account
  1. Seller's bank account.

 

  1. If the Customer chooses cash on delivery payment method - from the date of
  1. conclusion of the Sales Agreement,

 

  1. 6)In case the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer on the date specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate email to the Customer's email address provided during the placement of the Order. 11.

 

 

 

 

  1. Personal collection of the Product by the Customer is free of charge.

 

§ 10 Right of withdrawal

 

  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person indicated by him/her other than the carrier.
  3. In the case of an Agreement that involves multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. In the case of an Agreement that involves the regular supply of Products for a fixed period (subscription), the period indicated in paragraph 1 runs from taking possession of the first of the items.
  5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To keep the deadline for withdrawal from the Agreement it is sufficient for the Consumer to send a statement before the deadline.

 

 

  1. The statement may be sent by traditional mail, fax or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but it is not mandatory.

 

 

 

  1. If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
  1. Effects of withdrawal from the Agreement:
  2. In the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be deemed
  3. not concluded.

 

  1. In the case of withdrawal from the Agreement the Seller shall return to the Consumer
  1. immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him,

 

  1. Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution, which will not be associated with any costs to him.
  1. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with evidence of having sent it back, whichever event occurs first.
  2. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.

 

  1. The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not normally be returned by post.
  1. The Consumer shall only be liable for any diminished value of the Product resulting from the use of the Product in a manner other than necessary to establish the nature, characteristics and functioning of the Product.
  2. 9th In the event that due to the nature of the Product can not be sent back in the normal course by post, information about this, as well as the cost of returning the Product, will be located in the description of the Product in the Store. 10th The right of withdrawal of the contract concluded remotely does not apply to the Consumer in relation to the Agreement:

 

  1. in which the subject matter of the supply is a thing not prefabricated, produced to consumer specification or used to meet his individual needs,
  1. in which the subject matter of the performance is the thing supplied in a sealed package that after opening the package cannot be returned for health protection or hygiene reasons, if the package has been opened after delivery,
  2. in which the subject of the supply is a perishable item or an item with a short shelf life,
  3. for provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision was made, that after the Seller's performance of the service he will lose the right to withdraw from the Agreement,
  4. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal from the Agreement,
  5. in which the subject of the performance are things that after the delivery, due to their nature, are inseparably connected with other things,
  6. in which the subject of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, and the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control,
  7. in which the subject of the supply are sound or visual recordings or computer programs supplied in sealed packaging, if the packaging has been opened after delivery,
  8. for supply of newspapers, periodicals or magazines, except for a subscription agreement,
  9. for the supply of digital content that is not recorded on a tangible medium, if the provision of services has begun with the express consent of the Consumer before the end of the deadline for withdrawal from the contract and after informing him by the Seller of the loss of the right to withdraw from the Agreement,

 

§ 11 Complaints and warranty 

 

  1. First The Sales Agreement applies to new Products. 3.

 

 

  1. In case of defects of goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code. 4.

 

 

  1. Complaint should be reported in writing or electronically to the addresses given in these Terms and Conditions of the Seller. 

 

 

  1. The Seller shall respond to the complaint immediately, no later than within 14 days, and if not done within this period, it is considered that the Customer's request is justified.

 

 

  1. Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Regulations.
  1. If a guarantee has been granted for a Product, information about it, as well as its content, shall be included in the description of the Product in the Store.

 

§ 12 Out-of-court complaint handling and claim investigation methods

 

  1. Detailed information about the possibility of using out-of-court complaint handling and claim investigation procedures by the Consumer and the rules of access to these procedures are available in the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php http://www.uokik.gov.pl/wazne_adresy.php. ;

 

  1. The consumer has the following examples of out-of-court complaint and redress procedures:

 

 

  1. The Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from the Agreement concluded with the Seller.
  2. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
  3. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, using alsoA consumer may obtain free assistance to resolve a dispute between him and the Seller, also using the free assistance of district (city) consumer advocate or social organization, whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).

 

§ 12 Personal data in the Online Store

 

  1. The Seller is the administrator of personal data of Customers collected via the Online Shop.
  2. Personal data of Customers collected by the administrator via the Online Store are collected for the purpose of Sales Agreement execution, and if the Customer agrees - also for marketing purposes.
  3. Recipients of the personal data of the Clients of the Internet Shop can be:
  4. In case of a Customer, who uses the delivery method in the Internet Shop by mail or by courier, the Administrator makes the collected personal data of the Customer available to a chosen carrier or agent, who executes the

parcels on behalf of the Administrator.

 

  1. In case of a Customer who uses the online store payment method
  1. If the Customer uses electronic or credit card payment method, the Administrator shall make available the collected personal data of the Customer to a chosen entity handling the aforementioned payments in the Internet Shop. 4.

 

  1. The customer has the right to access their data and correct them. 5th Providing personal data is voluntary, although not providing the personal data indicated in the Rules and Regulations necessary to conclude a Sales Agreement results in inability to conclude this agreement.

 

§ 13 Final provisions

 

  1. Contracts concluded through the Online Store are concluded in Polish.
  2.   Seller reserves the right to make changes to the Regulations for important reasons, such as changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.

 

  1. In matters not covered by these Regulations shall apply universally applicable provisions of Polish law, in particular: Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.

 

  1. The customer has the right to use out-of-court procedures for handling complaints and claims. For this purpose, he can submit a complaint through the EU online platform ODR available at: http://ec.europa.eu/consumers/odr/.
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