SAINT-BODY ONLINE SHOP TERMS AND CONDITIONS
§ 1 GENERAL PROVISIONS
- These Rules set out the principles for transactions in the online shop available at www.saint-body.com, operated by SAINT-BODY Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number 0000618297, share capital of PLN 5,000, NIP 525-265- 98-47, REGON 364476858.
- The Terms and Conditions are an integral part of the sales contract concluded between the Seller and the Buyer.
- All product prices indicated in the Online Shop are expressed in Polish zloty and are gross prices.
- The information on the Products constitutes an invitation to conclude an offer in accordance with Article 71 of the Civil Code.
§ 2 GENERAL DEFINITIONS.
For the purposes of the Regulations, the following meanings of the terms used shall be adopted:
Registration Form - a form available in the Online Shop allowing an Account to be created.
Order Form - an electronic service; a form available on the Online Shop that allows the Customer to place an Order, in particular by adding a Product to a virtual shopping cart and specifying the terms of the Sales Agreement.
Customer - a natural person with full legal capacity, a legal person or an organisational unit that is not a legal person, to which separate regulations grant legal capacity, placing an Order in the Online Store. Consumer - a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
Account - an electronic service; a collection of resources in the Service Provider's electronic system, marked with an individual name (login) and password, provided by the Customer, where the data provided by the Customer and information about Orders made by the Customer are stored.
Civil Code - the Act of 23 April 1964. - Civil Code.
Product - a movable item available in the Online Shop which is the subject of sale between the Customer and the Seller.
Regulations - these Regulations.
Online shop - an online shop operated by the Seller at the following internet address: www.saintbody.com.
Seller, Service Provider - Saint-Body Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number 0000618297, share capital of PLN 5,000, NIP 525-265-98- 47, REGON 364476858.
Sales Contract - a contract of sale of a Product concluded between the Seller and the Customer via the Online Shop.
Electronic Service - a service provided electronically by the Service Provider to the Customer via the Online Shop. Customer - a natural person, a legal person or an organisational unit without legal personality who uses the Electronic Service. Consumer Rights Act - the Consumer Rights Act of 30 May 2014 (Journal of Laws 2014.827).
Order - the Customer's declaration of will submitted via the Order Form, aiming directly at concluding a contract of sale of the Product with the Seller.
§ 3 ELECTRONIC SERVICES IN THE ONLINE SHOP.
- The following Electronic Services are available on the Online Shop:The use of Electronic Services by the Customer is free of charge.
- Order Form
- The Electronic Service in the form of the Order Form is a one-time service, its provision terminates when the Customer places an Order via the Order Form or when the Order via the Order Form is discontinued earlier.
- The use of the Order Form by the Customer starts when the Customer adds the first Product to the virtual shopping cart in the Online Shop.
- The Electronic Service in the form of an Account is provided for an indefinite period of time. The Customer has the possibility to cancel the use of the Account at any time, without giving any reason, by sending the Customer a statement of cancellation.
- The use of the Account by the Service Recipient is possible after completing the Registration Form and pressing the "Register" button. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname, residential address, e-mail address, contact number, password to access the Account. In the case of Service Recipients who are not Consumers, it is also necessary for them to provide their TIN and company name.
§ 4 ORDERING PROCESS.
- The Online Shop accepts Orders placed online 24 hours a day on all days of the week. Orders placed on Saturdays, bank holidays and public holidays will be processed on the first working day following the day on which the order was placed.
- It is also possible to place an order in the Online Shop without the Customer permanently registering his/her data by creating an Account.
- In order to place an Order, the Buyer is obliged to take the following steps:The contract of sale between the Customer and the Seller is concluded as soon as the selection of the Products is confirmed with the "Order with obligation to pay" button.
- select the products to be ordered by pressing the "Add to basket" button,
- from the shopping basket view, press the "Realise payment" button.
- Promotions in the Online Shop are not cumulative unless otherwise stated in the terms and conditions of a particular promotion.
- Each Order placed will be confirmed by an e - mail message of its acceptance.
- Until the selection of the Products has been confirmed by pressing the "Order with obligation to pay" button, the Customer has the possibility to modify the contents of the shopping cart and the contact details for shipping.
- The information provided by the Customer in the course of placing the Order should be correct and up-to-date. The Seller reserves the right to refuse to carry out an Order in the event that the data provided by the Customer is inaccurate and prevents the Order from being carried out, in particular the possibility of delivery. Before refusing to process an Order, the Seller will attempt to contact the Customer by telephone or e-mail in order to establish the correct data.
- The contract of sale is concluded in Polish or English, according to the Customer's choice indicated in the course of placing the Order.
§ 5 PAYMENTS.
The Seller provides the Customer with the following payment methods for the Order:
- Payment via PayU, according to the terms and conditions of the service, available on the website payu.pl.
- Payment via Stripe ( Apple Pay ), subject to the terms and conditions of the service, available on the website stripe.com.
- The Order shall be paid for within 48 hours of the Order being placed. Failure to pay for the Order within the aforementioned period shall be deemed to be a withdrawal from the contract of sale by the Customer.
payment by traditional bank transfer in case of payment error of the above available options. Payment should be made to the Seller's bank account, held by ING Bank Śląski, with the number: 50105010121000009226171388. In the case of payment by traditional transfer, in the title of the transfer it is necessary to write the name / surname of the Customer and the order number given to the Customer in the e-mail confirming the Order. It is also necessary to inform the shop of the payment made in this way, by sending a confirmation sent from the bank's online banking. The confirmation should be sent in a return email to the following email address: firstname.lastname@example.org
§ 6 ORDER PROCESSING.
- The fulfilment of the Order consists in its preparation for dispatch to the address provided by the Customer.
- In the case of Orders paid by Internet prepayment (PayU, traditional Internet transfer), the commencement of processing of the Order may be delayed until the entire amount of the sale price is credited to the Seller's bank account.
- An order is deemed to be completed when the Order is delivered to the address specified in the Form.
- The detailed lead time for the Order is indicated each time in the Product description.
- The Seller will inform the Customer that the Order has been prepared by e-mail sent to the Customer's e-mail address. Once the Order has been prepared, the Seller will begin shipping the Order to the Customer, which will also be notified by e-mail.
§ 7 COST AND TERMS OF DELIVERY.
- Orders are delivered to the address indicated by the Customer in the course of placing the Order.
- All orders are carried out by insured courier service.
- The expected delivery time to the Customer is 2 (two) working days.
- If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
§ 8 WITHDRAWAL FROM THE SALES CONTRACT.
- The Customer may, within 14 days from the date of conclusion of the Sales Agreement, withdraw from the Sales Agreement without giving any reason by submitting a statement of withdrawal from the Sales Agreement. In order to make a declaration of withdrawal from the Sales Agreement, the Customer may use the model form which has been attached to the consignment containing the orders or the model withdrawal form constituting Appendix No. 2 to the Act on Consumer Rights.
- The period for withdrawal from the Sales Contract shall expire after 14 days from the day on which the Customer took possession of the Product, or on which a third party other than the carrier and indicated by the Customer took possession of the Product.
- The deadline for withdrawal from the Sales Agreement shall be met when the Customer has sent a statement of withdrawal from the Sales Agreement before the expiry of the deadline for withdrawal from the Sales Agreement.
- The Customer shall return the Products which are the subject of the withdrawal from the Sales Agreement immediately, and in any case not later than within 14 (fourteen) days from the day on which he/she informed the Seller about the withdrawal from the Sales Agreement.
- The Customer shall bear the direct costs of returning the Products.
- The Seller shall reimburse the Customer, within 14 days of receipt of the Consumer's declaration of withdrawal from the Sales Contract, all payments made by the Consumer.
- The seller will refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer.
- The address to which the Customer will return the Product is: Saint-Body Sp. z o.o., 2/43 Żurawia Street, 00-503 Warsaw.
§ 9 LIABILITY FOR DEFECTS.
- The seller is obliged to deliver goods free of defects to the customer.
- The Seller shall be liable to the Customer if the sold Product has a physical or legal defect (warranty for defects), under the terms of Article 556 et seq. of the Civil Code.
- Any Product which is the subject of a Sales Agreement and which has defects constituting its non-compliance with the Sales Agreement may be complained about subject to the terms and conditions of complaint resulting from the relevant provisions of law.
- Complaints should be addressed to the Seller's address: Saint-Body Sp. z o.o., 2/43 Żurawia Street, 00-503 Warsaw.
- The Seller undertakes to investigate the complaint within 14 days of receiving the parcel containing the Product under complaint.
§ 10 OUT-OF-COURT COMPLAINT HANDLING.
- The Customer, who is a Consumer, has the possibility to use the following out-of-court complaint and redress procedures:The procedures referred to in paragraph 1 above are of a voluntary nature and both parties to the dispute must agree to them.
- requesting mediation proceedings from the Provincial Inspector of Commercial Inspection (www.wiih.org.pl),
- request that the case be heard by the Permanent Consumer Arbitration Court operating at the relevant Regional Trade Inspection Inspectorate,
- asking the Municipal Consumer Ombudsman for help in protecting the interests and rights of consumers (e.g. http://konsument.um.warszawa.pl/). Free assistance to consumers for the protection of their rights is also provided by social organisations, e.g. the Consumer Federation.
- The Customer, who is a Consumer, has the right to make use of an out-of-court means of dispute resolution and redress in the form of an interactive ODR (Online Dispute Resolution) platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/EC, hereinafter referred to as the "ODR Regulation".
§ 11 DATA PROTECTION.
- The administrator of the personal data is the Seller.
- By placing an Order, the Customer consents to the collection and processing of the Customer's personal data by the Seller for purposes related to the conclusion and performance of the Sales Contract.
- The Seller has the right to collect and process the Customer's personal data also for marketing and promotional purposes, with the Customer's prior consent given at the Ordering stage.
- The customer has the right to inspect the personal data he has provided, to correct it and to request its deletion at any time.
- The administrator of the Personal Data is the Seller.
- The personal data provided by the Customer is used solely for the purpose of proper operation of the Internet Shop to the extent specified in these Terms and Conditions and is not made available or disclosed to third parties. The Seller is particularly careful to respect the privacy of the Customers.
- By using the Online Shop, the Customer consents to the processing of personal data to the extent necessary for the correct and complete performance of the services by the Service Provider.
- The customer using the Online Shop has the right to inspect the personal data he/she has provided, to modify it and to request the cessation of its processing at any time.
§ 13 FINAL PROVISIONS.
- Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code, Consumer Rights Act and other specific laws applicable to the operations and functioning of the Shop.
- Photographs of the Products and information about the Products on the site www.saint-body.com are protected by copyright. It is forbidden to copy and distribute them without the Seller's consent.
- These Terms and Conditions shall apply from the date of their publication on the website of the Online Shop, i.e. from 1 June 2016.