REGULATIONS OF THE ONLINE STORE
The Regulations define the rules for the provision of sales services through the website of the online store operating under the domain: www.x-lander.com. This is a document required in the light of 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 the ADMINISTRATOR of the online store is:
DELTIM spółka z ograniczoną odpowiedzialnością spółka komandytowa
Address:42-202 Częstochowa, Warszawska 106
Correspondence address: the same as above
tel. +48 34 366 84 48
The company entered into the National Court Register under the number KRS: 0000518486 and has the following registry numbers: VAT ID: PL5730400192, Regon:002756222
The BUYER has the right before placing an order to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms and conditions – within the limits permitted by law. Negotiations require a written form t obe valid. In the event the BUYER resigns from the possibility to conclude a contract by means of individual negotiations, the following terms and conditions apply.
- ONLINE STORE – means that the AGREEMENT for the sale or provision of the service is concluded electronically and if the CONSUMER is a contracting party it is carried out on the terms described in the Act of 30 May 2014 on CONSUMER’s rights (Journal of Laws 2014, item 827).
- CUSTOMER a natural person, as well as a legal person and an organizational unit that is not a legal person, the legal provisions of which are specific and which performs or intends to conclude a contract or use other services offered through the ONLINE SHOP.
- CONSUMER – CUSTOMER, a natural person who performs with the SELLER a legal action not related directly to its business activity – a precise definition – cf. Civil Code Art.22.
- PRODUCT – item offered for sale or service offered in the ONLINE STORE.
- REGULATIONS – these Regulations of the ONLINE STORE.
- SALES AGREEMENT – PRODUCT remote sales agreement concluded via the ONLINE STORE.
- ORDER- a declaration made electronically or by telephone about the willingness to conclude an agreement (ordering a product or service).
- NEWSLETTER – service provided electronically by the SELLER, consisting in sending to the interested party commercial and advertising information to the e-mail address provided by the interested party.
§2 General Provisions
- Scope of activity – mail order sale using the website of prams and other children’s products.
- The SELLER applies the European Code of Conduct in Electronic Commerce. The link to the English version of the Code: http://www.euro-label.com/en/code-of-conduct/index.html CUSTOMER – is obliged to enter data into the system in accordance with the facts, consistent with the law and morality. The data provided may not infringe the personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document – a receipt or an invoice for each sale of the product.
- Commercial information – price lists, descriptions, advertisements and other information about the Products placed on the website of the SELLER, constitute an invitation to enter into an agreement within the meaning of art. 71 of the Civil Code.
- THE ONLINE STORE carries out orders with shipment to Poland and other EU countries. When ordering from abroad – shipping conditions – in particular, costs and delivery time are agreed individually.
- Before placing an order, the CUSTOMER must read these REGULATIONS. The fact of getting acquainted with and accepting all the provisions of these regulations is explicitly confirmed during registration in the system and before the final confirmation of the order. The order form will not be accepted without such confirmation.
- An order can be placed electronically 24/7.
- A telephone order can be placed through the phone number provided in the CONTACT tab. In the case of an agreement concluded remotely by telephone, the SELLER confirms the content of the proposed agreement by sending it to the CUSTOMER, recorded on paper or another durable medium. CONSUMER, for the validity of the agreement, makes a declaration of the acceptance of the conditions and the conclusion of the agreement- it is effective if it has been recorded on paper or other durable medium after receiving confirmation from the SELLER.
- Order processing (preparation and shipment of PRODUCTS) by the SELLER is carried out:
• a) after confirming the order – if the payment on delivery was selected;
• b) after receiving the payment to the account – if prepayment has been selected.
• c) for card payments – after obtaining positive authorization.
6. The term of the order implementation for products available in the warehouse – not longer than 3 working days, counting from the date set as in the previous point. In most cases, orders are processed within 24 hours. For products offered on request, the deadline will be specified when placing the order.
- The prices of products in the store’s offer are prices in are gross prices (they include taxes required by law, including VAT).
- The product prices do not include delivery costs, unless stated otherwise.
- The current price at the time of placing the order is the binding price for the CUSTOMER.
§5 Forms of payment
- prepayment – by bank transfer to the bank account provided in the SELLER’s details or sent in the order confirmation;
- PayPal Holdings Inc. is an American company operating a worldwide online payments system that supports online money transfers and serves as an electronic alternative to traditional paper methods like checks and money orders.
- If the payment is selected in the form of a prepayment by transfer, the CUSTOMER is obliged to pay the price under the Purchase Agreement within 7 days from the date of its conclusion, unless the Parties decide otherwise.
- The SELLER has the right to limit the available payment methods, including to require prepayment in whole or in part.
§6 Product shipping
- The costs of delivery are borne by the CUSTOMER unless the description of the product offer states otherwise.
- The CUSTOMER, while completing the interactive order form, is informed about the costs and chooses the method and accepts the shipping cost when placing the ORDER. We send purchased products via courier companies.
- If the customer chose the shipping option of the product SELLER has the right to withdraw from the agreement on the day of returning the unaccepted product.
§7 The right to withdraw from the agreement (RETURN OF PRODUCTS) in the case of remote selling with the participation of the CONSUMER.
- Pursuant to Article 27 of the Consumer Rights Act (Journal of Laws of 2014, item 827), the CONSUMER concluding a “remote 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 (if the product consists of many items that are delivered separately, in batches or in parts, the period begins with taking possession of the last item, batch or part, if the contract consists in regular delivery of the Products for a definite period – from taking possession of the first Product – or in the case of services or contracts of a different nature – 14 days from the day of conclusion of the contract, however, if the BUYER is a CONSUMER, the item is considered released if the SELLER released it to the carrier, if the SELLER did not have influence on the selection of the carrier by the buyer. In the case of withdrawal from the contract, the CONSUMER shall be entitled to reimbursement of costs incurred. If during the conclusion of the contract CONSUMER chose the way of delivering things other than the cheapest usual way offered by the SELLER – the SELLER is not obliged to return to the CONSUMER incurred additional costs exceeding the cheapest form. The condition for keeping the deadline is to submit a declaration of withdrawal from the contract to the SELLER at that time. A declaration sent electronically is also valid – one can use the ready form (Declaration of withdrawal from the contract. doc.). In the case of submitting a declaration in electronic form, the SELLER will immediately send to the CONSUMER a durable form confirmation of receipt of the declaration of withdrawal from the contract.
- After sending the declaration, the CONSUMER is obliged within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract) to send the product to the CORRESPONDENCE address provided in the SELLER’s data – unless the SELLER offered to pick up the PRODUCT itself. The date of sending the product is the date of shipping confirmation.
- The CONSUMER bears the responsibility for reducing the value of the item as a result of using it in a way other than necessary to determine the nature, characteristics and functioning of the product
- The SELLER returns the payment made by it within 14 calendar days, including the costs of delivering goods from the SELLER to the CONSUMER. The SELLER may, however, withhold the payment until the return of the item or delivery by the CONSUMER proof of its shipment – depending on which event occurs first. The SELLER shall refund the payment using the same method of payment as the CONSUMER used, unless the CONSUMER has expressly agreed on a different method of return, which does not entail any additional costs for it. If the payment was made with a payment card, the SELLER will make the refund to the bank account assigned to the payment card of the Ordering Party
- Direct costs of returning the PRODUCT to the SELLER shall be borne by the CONSUMER (CUSTOMER).
- The CONSUMER’S right to withdraw from a remote contract is excluded in the cases listed in the Annex.
- The SELLER does not accept shipments sent as “cash on delivery”. The return shipment should be adequately protected against damage in transit.
§8 Liability under warranty and guarantee when selling with the participation of the CONSUMER.
- The SELLER is obliged to deliver the PRODUCT being the subject of the agreement – without defects.
- The SELLER is responsible under the warranty for physical defects that existed at the time of transfer of danger to the buyer or resulted from a reason inherent in the item sold at the same time – for a period of 2 years.
- 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 carried out in accordance with the conditions set out in the ONLINE STORE. The GUARANTEE granted for the PRODUCT sold is an additional right and does not exclude, limit or suspend the CONSUMER rights under the liability of the SELLER under the provisions of the warranty for defects of sold goods (Article 577 of the Civil Code).
- The SELLER shall be released from liability under the warranty if the CONSUMER knew about the defect at the time the agreement was concluded.
- In the case of finding a defect or non-compliance of the delivered PRODUCT with the agreement, the CONSUMER has the right to file a complaint.
- In order to file a complaint, we recommend that the CONSUMER should complete the complaint report, or otherwise describe the grounds for the complaint and requests for the removal of defects and send the notification by e-mail or mail to the correspondence address of the SELLER provided in the header. Reports can also be submitted by phone or orally.
- Defective PRODUCT – in agreement with the SELLER – if it is possible and deliberate – CONSUMER, who exercises the rights under the warranty, will be obliged at the expense of the SELLER to deliver the item to the place defined in the sales agreement, and if such a place is not specified – to the place where the item was released to the CONSUMER. If, due to the type of product or the method of its installation, delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to provide the SELLER with the item in the place where the item is located.
- If the item sold has a defect, the CUSTOMER may submit a statement with a request to reduce the price or withdrawal from the agreement, unless the SELLER immediately and without excessive 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 for the product free from defects or to remove the defect.
- If the BUYER is a CONSUMER, instead of removing the defect proposed by the seller, it may demand replacing the item for the product free of defects, or instead of replacing , demand removal of the defect, unless it is impossible to bring item into conformity in the manner chosen by the buyer or this would require excessive costs in comparison with the way proposed by the seller. When assessing the excess of costs, the value of the item free of defects along with the type and significance of the defect found, and the inconvenience to which the buyer would otherwise expose the buyer are taken into account.
- The reduced price should remain in such proportion to the price resulting from the agreement, in which the value of the item with the defect remains to the value of the item without a defect.
- The BUYER may not withdraw from the agreement if the defect is irrelevant.
- The SELLER will consider the complaint without unnecessary delay, no later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER within that time in written or electronic form about the status of the complaint. Leaving a complaint at this time without response is tantamount to acknowledging the complaint.
- After considering the complaint, the SELLER shall return to the CONSUMER the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to a bank account or via a postal order.
- If the acknowledgment of the complaint is related to the repair or exchange of goods – the SELLER will send the product to the CONSUMER at its own expense.
§9 Complaints and withdrawal from the agreement (returns) in relations with CUSTOMERS who are not CONSUMERS (applicable to entrepreneurs).
- This section of the Regulations applies only in relations with BUYERS who are not CONSUMERS.
- Liability under the warranty expires after 24 months from the date of receipt of the PRODUCT
- The CUSTOMER has the right to choose the method of delivery – including sending an ordered carrier who will pick up the PRODUCT on its behalf.
- If the item sold is to be sent by the SELLER, the delivery is considered to be completed the moment when the SELLER entrusted it to the carrier involved in transporting such products in order to deliver it to the place of destination.
- At the time of the release of the item sold, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item are passed on the CUSTOMER.
- Upon delivery of the shipment with the ordered products, the CUSTOMER is obliged to examine the shipment in time and in the manner accepted for such deliveries. If the CUSTOMER determines that during the transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier. If the CUSTOMER did not examine the item and did not immediately notify the seller about the perceived defect, and if the defect came to light only later – if it did not notify the seller immediately after its detection – the warranty entitlement is nor applicable.
- The liability of the SELLER irrespective of its legal basis is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs resulting from the concluded agreement. The SELLER is only liable for typical damage predictable at the time of conclusion of the agreement and is not liable for lost profits by the CUSTOMER.
- If there are no cases of liability of the SELLER under the warranty authorizing the CUSTOMER to return the PRODUCT, the CUSTOMER may return the purchased PRODUCT only with the consent of the SELLER, at the CUSTOMER cost, if the PRODUCT is unused, in the factory-sealed package.
- If the sold item has defects, the CUSTOMER may withdraw from the agreement or demand a price reduction. However, the CUSTOMER may not withdraw from the agreement if the seller immediately exchanges the defective item for a faultless item or removes the defect immediately. This limitation does not apply if the item has already been replaced by the seller or repaired, unless the defects are irrelevant.
- 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 defined and should be carried out in accordance with the terms and conditions set out in the ONLINE STORE. The GUARANTEE granted for the PRODUCT sold is an additional right and does not exclude, limit or suspend the rights of the buyer under the provisions of the warranty for defects in the item sold.
- The SELLER does not accept any deliveries sent back as COD.
- Any disputes arising between the Seller / Service Provider and the CUSTOMER shall be subject to the court having jurisdiction over the seat of the SELLER.
- Regulations regarding the principles of warranty for defects and quality guarantee – not mentioned above – in contracts with entrepreneurs are adopted directly in the wording expressed in the Civil Code art.556-581.
§10 Electronic services and technical conditions for using the website
- SELLER – in order to enable the conclusion of the agreement, it provides the following services via the website of the online store:
- creating and administering a CUSTOMER account in the online store;
- processing of the product order form 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.
- The agreement for the provision of electronic service consisting in the management and administration of the CUSTOMER Account on the WEBSITE is concluded for an indefinite period of time. The conclusion date is understood as the date of completing the CUSTOMER registration process on the WEBSITE.
- The agreement for the provision of electronic service consisting in allowing placing an Order in the Online Store by completing the order form is concluded for a definite period – for the period of filling and processing the order – and it is terminated upon submission and acceptance of the Order.
- The “newsletter” service is concluded for an indefinite period. The agreement is concluded at the moment of providing consent to sending a message to the CUSTOMER address provided during registration.
- The CONSUMER may withdraw from the agreement for the provision of the service without giving reasons within 14 days from the conclusion of the agreement – except when the service begins before expiry of that period with the consent of the CONSUMER – by submitting a declaration of withdrawal from the agreement to the entrepreneur:
- by means of an electronic form of withdrawal from the agreement (Annex to the REGULATIONS),
- by submitting a statement on the website,
- in the form of an e-mail or in writing to the address of the SELLER (SERVICE PROVIDER)
- in the case of conclusions of a service for indefinite duration, both parties have the right to terminate the agreement:
- CONSUMER may terminate the agreement 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 receipt of the statement. The SELLER within 7 days of receipt of termination will remove from the data entries covered by the protection of personal data related to the service and will cease its provision.
- SELLER may terminate the agreement for the provision of services by electronic means, if the CONSUMER objectively and unlawfully, flagrantly violates the Regulations – with a notice period of 30 days from the date of the notice. If both parties to the agreement are entrepreneurs, the SELLER may terminate the agreement for the provision of Electronic Services in this situation with immediate effect.
- SELLER and CUSTOMER may terminate the agreement for the provision of electronic services at any time by mutual agreement of the parties
- Complaints will be processed promptly no later than within 14 days. Failure to process the complaint in this period means acknowledging the complaint.
§11 Processing and protection of personal data
- The SELLER is the Administrator of CUSTOMER’S Personal Data processed in connection with the use of the ONLINE STORE.
- 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 purpose for which the CUSTOMER agreed. In the event that the CUSTOMER does not provide the data necessary to execute the order and does not agree to their processing, it may not be possible to complete the order.
- The Administrator ensures the security of the transferred data and the implementation of CUSTOMER rights resulting from the GDPR Regulation.
- The CUSTOMER has the right to access its personal data and rectify the request to completely remove or limit the right to process its personal data, the right to object to processing – for this purpose, one can use the function in the user account to update data or please send notification (e.g. to the e-mail address provided) specifying the request for changes or deletion of data from the register. The customer has the right to withdraw its consent at any time.
- The CUSTOMER has the right to receive data regarding it in a structured, commonly used machine-readable format. It also has the right to send this data to another administrator, without any obstacles on the part of the ADMINISTRATOR from which the data will be extracted (Article 20 (1)). In cases where it is technically possible, the CUSTOMER may request the ADMINISTRATOR to forward its data directly to another administrator (Article 20 (2)).
- ADMINISTRATOR may refuse to delete the CUSTOMER data only in cases specified by applicable law, in particular if the CUSTOMER has not paid all amounts due to the ADMINISTRATOR.
- To perform the contract service, it is necessary to provide the following CONSUMER data:
- surname and name,
- address for shipping products,
- e-mail address,
- contact telephone number,
- in the case of the company, the company name and tax identification number.
- All personal data provided during the ordering process are used only to form, conclude, change or terminate the Agreement between the SERVICE PROVIDER and the CUSTOMER and perform the Sales Agreement or contract for the provision of electronic service or order fulfillment and are not made available to other institutions or third parties – except for companies reponsible for online payments that is payment gateways.
- In the case of the sale of products through the ONLINE STORE, in order to deliver products to the CUSTOMER, personal data necessary to address and deliver the products are provided to companies professionally engaged in the delivery of products – in particular the Poczta Polska (Polish Post) and courier companies – along with entrusting the shipment to be delivered.
- Personal data are processed only for the period necessary to perform the agreement or the purpose for which the consent was granted.
- for maintaining an account in the Online Store database – processing this data is based on the agreement (regulations) which has been accepted by the User. We will process this data as long as the User does not terminate the concluded agreement or until the time of possible claims expiration;
- data in sales documents – for the period required by the accounting regulations;
- e-mail address used to send an information bulletin – for the period of validity of the user’s consent. Consent can be withdrawn at any time;
- address data used to send marketing information about the Administrator’s own services – (processing is based on a legitimate interest of the Administrator – Article 6 (1) letter f of the GDPR). We will process this data for as long as the User does not object to the processing of data for this purpose.
- after this period, they are removed
- The Customer has the right to lodge a complaint against the actions of the ADMINISTRATOR to the President of the Office for Personal Data Protection.
- If the CUSTOMER agrees to the processing of its data for marketing purposes and sending commercial information and signs up on the list of subscribers, it will receive a “newsletter” to the e-mail address provided by it. The CUSTOMER may terminate the newsletter service at any time.
§12 Final provisions
- The Agreement is concluded in Polish and under the jurisdiction of Polish law. This choice, however, does not deprive the CONSUMER protection that it is granted to it by regulations that cannot be excluded by contract, under the law of the state in which the CONSUMER has its habitual residence and the entrepreneur directs its activities to that country and the agreements falls within the scope of this activity.
- The provisions of these Regulations are not intended to exclude or limit any rights of a CUSTOMER who is also a CONSUMER within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended) – it is entitled to based on valid legal regulations. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
- The content of the Regulations is available at all times in the REGULATIONS tab on the SELLER’s website and can 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 post at the CUSTOMER’s request. REGULATIONS together with annexes are also delivered to CUSTOMERS attached to an e-mail confirming the order and the conclusion of the agreement.
- In matters not covered by these Regulations, the applicable law shall apply, in particular:
- The Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);
- The Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 24 May 2018 1000)
- 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 protection data) – hereinafter referred to as the GDPR and related provisions.
- The Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
- The Act of June 30, 2000, industrial property law (Journal of Laws 2001 No. 49, item 508, as amended);
- The Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006, No. 90, item 631, as amended),
- The Act of 30 May 2014 on the rights of the CONSUMER (Journal of Laws of 2014, item 827)
- In the event that the AGREEMENT contains provisions contrary to those abovementioned or other applicable regulations in the Republic of Poland – these provisions take precedence over the wording of the REGULATIONS.
- If any provision of these Regulations is deemed unlawful, void or otherwise unenforceable to the extent provided for by law, then it is excluded in this respect. In the remaining scope, the Regulations remain valid.
- All names of the PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law Act (Journal of Laws 2001 No. 49, item 5081, as amended).
- All photos posted on the WEBSITE are protected on the basis of the Act of 4 February 1994 on Copyright and Related Rights – (Journal of Laws 1994 No. 24 item 83, as amended) – they have original and individual character. They cannot be copied without the consent of the Website Administrator.
- In the event of disputes related to the implementation of the concluded contract, the parties will endeavor to resolve the dispute through out-of-court friendly proceedings – including to resolve the dispute before the mediator. If the dispute is not settled amicably, the Common Court will be the court competent to resolve the dispute.
- In performing the obligation to indicate non-judicial means of dealing with complaints and pursuing claims and the rules of access to these procedures, consumers and entrepreneurs can use the ODR platform, created by the European Commission, for amicable settlement of disputes. The platform is available at: http://ec.europa.eu/consumers/odr/.