Table of contents:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS OF CONCLUDING THE SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- PROCEDURE FOR HANDLING COMPLAINTS
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- PROVISIONS RELATING TO ENTREPRENEURS
- RULES FOR USING DIGITAL PRODUCTS
- PRODUCT REVIEWS
- FINAL PROVISIONS
- TEMPLATE WITHDRAWAL FROM THE CONTRACT
These Online Store Regulations have been prepared by the lawyers of the Regulaminowo.pl website. The www.myinfinitychild.com Online Store cares about consumer rights. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
1. GENERAL PROVISIONS
1.1. The online store available at www.myinfinitychild.com is run by Mrs. Marta Tomaszewska operating as part of the “FOUNDATION FIRMA FOR EVERYONE” with its registered office in Warsaw (registered office address: ul. Lwowska 5/15, 00-660 Warsaw), entered into the register entrepreneurs of the National Court Register under KRS number: 0000569410; registry court where the foundation’s documentation is stored: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; NIP 5252625624, REGON 362170026.
1.2. Seller’s contact details:
1.2.1. Contact person: Mrs. Marta Tomaszewska.
1.2.2. Correspondence address: ul. Główna 12a, 05-802 Pruszków.
1.2.3. Email address: marta@myinfinitychild.com.
1.2.4. Phone number:0048 22 72 82 400.
1.3. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.4.1. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
1.5. Definitions:
1.5.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.5.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
1.5.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.5.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.5.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.5.6. ACCOUNT – Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider’s ICT system, in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.5.7. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.5.8. PRODUCT – a movable item available in the Online Store (1) (including a movable item with digital elements, i.e. containing digital content or digital service or connected to them in such a way that the lack of digital content or digital service would prevent its proper functioning) or ( 2) digital content (Digital Product) being the subject of the Sales Agreement between the Customer and the Seller.
1.5.9. DIGITAL PRODUCT – type of Product, i.e. digital content, intended for sale in electronic form, to be read on an appropriate electronic device (e.g. e-books, audiobooks). Detailed information about the Digital Products and the necessary instructions for using the Digital Products can be found on the Online Store website.
1.5.10. REGULATIONS – these regulations of the Online Store.
1.5.11. ONLINE STORE – the Service Provider’s online store available at the Internet address: www.myinfinitychild.com.
1.5.12. SELLER, SERVICE PROVIDER – “FOUNDATION COMPANY FOR EVERYONE” with its registered office in Warsaw (address of the registered office: ul. Lwowska 5/15, 00-660 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under KRS number: 0000569410; registry court where the foundation’s documentation is stored: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; NIP 5252625624, REGON 362170026.
1.5.13. SALES AGREEMENT – a Product sales agreement concluded either exclusively between the Customer and the Seller via the Online Store. The method of sales communication is also understood as the purpose of delivering a Digital Product, on the basis of which the Customer acquires the right to use the Digital Product on the terms set out in the Regulations.
1.5.14. ELECTRONIC SERVICE – a service provided by the Service Provider to the Customer for operating the Online Store and not using the Product.
1.5.15. SERVICE RECIPIENT – (1) a natural person checking legal capacity, and as a result, a specific (2) legal person; or (3) an organizational unit without legal personality, whose law provides that it may be possible or enabling the use of Electronic Services.
1.5.16. ACT ON CONSUMER RIGHTS – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.5.17. ORDER – Customer’s declaration of will submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account – the use of the Account is possible after completing a total of three consecutive steps by the Service Recipient – (1) completing the Registration Form, (2) clicking the “Create an account” field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the provided address e-mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data concerning the Service Recipient: name and surname, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: marta@myinfinitychild.com or in writing to the following address: ul. Główna 12a, 05-802 Pruszków.
2.1.2. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps – (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form “Confirm purchase” – until then, it is possible to modify the data entered (including for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.
2.1.3. Newsletter – the use of the Newsletter takes place after providing the e-mail address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the “Subscribe” field. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account – when the Account is created, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: marta@myinfinitychild.com or in writing to the following address: ul. Główna 12a, 05-802 Pruszków.
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the option of saving Cookies and Javascript in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The service recipient is prohibited from providing illegal content.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
3. CONDITIONS OF CONCLUDING THE SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store website when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the appropriate e-mail to the Customer by the Seller to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement on receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller’s Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Settlements of transactions with electronic payments are carried out in accordance with the Customer’s choice via
Przelewy24.pl website. Electronic and credit card payments are handled by:
4.1.1.1. Przelewy24.pl – PAYPRO SPÓŁKA AKCYJNA company with its registered office in Poznań (registered office address: ul. Pastelowa 8, 60-198 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under no KRS 0000347935, share capital: PLN 5,476,300.00, NIP 7792369887, REGON 301345068
4.2. The payment date if the Customer chooses electronic payments, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Product delivery is available on the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.4.1. Postal shipment, COD shipment.
5.4.2. Courier delivery, COD courier delivery.
5.4.3. Shipment with pick-up in a parcel locker.
5.4.4. Personal collection available at: ul. Główna 12a, 05-802 Pruszków – on Saturdays, from 12:00 to 18:00.
5.4.5. Electronic Delivery – available only for Digital Products.
5.4.5.1 Electronic delivery consists in sending the Digital Product to the Customer’s e-mail address provided in the Order or the URL address enabling the Customer to download and use the Digital Product. In the case of providing a unique internet link (URL address) enabling the download of a Digital Product, the Seller ensures its correct operation for a period of 30 days from the date of making it available, after this period it is necessary to contact the Seller in order to make it available again. During this period, the Seller recommends downloading the Digital Product and saving it digitally in the computer’s memory.
5.4.5.2. Electronic delivery is free of charge.
5.5. The period of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of a given Product 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 period of delivery of the Product to the Customer is counted as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.5.2. If the Customer chooses the method of payment in cash on delivery – from the date of conclusion of the Sales Agreement.
5.6. The date of readiness of the Product for collection by the Customer – if the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer within 5 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which, however, may not exceed 5 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of the Product’s readiness for collection by the Customer is counted as follows:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account or settlement account.
5.6.2. If the Customer chooses the method of payment in cash on personal collection – from the date of conclusion of the Sales Agreement.
6. PROCEDURE FOR HANDLING COMPLAINTS
6.1. This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. A complaint may be submitted, for example:
6.2.1. in writing to the following address: Brody Małe 2C, 22-460 Szczebrzeszyn (in the case of Products sent to the Customer);
6.2.2. in writing to the address: ul. Główna 12a, 05-802 Pruszków (in the case of Products collected in person);
6.2.3. in electronic form via e-mail to the following address: marta@myinfinitychild.com.
6.3. The Product may be sent or returned under the complaint to the following address:
6.3.1. Brody Małe 2C, 22-460 Szczebrzeszyn (in the case of Products sent to the Customer);
6.3.2. st. Główna 12a, 05-802 Pruszków (in the case of Products collected in person). In the case of personal delivery of the Product, it is possible on Saturdays, from 12:00 to 18:00.
6.4. It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities or non-compliance with the contract; (2) demand a way to bring the contract into compliance or a statement on price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, he is obliged to notify the Seller about it.
6.6. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this facilitates and accelerates the consideration of the complaint by the Seller.
6.7. The seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller’s statutory liability are defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .). Additional information regarding the Seller’s liability for compliance of the Product with the Sales Agreement provided for by law is provided below:
6.8.1. In the case of a complaint about a Product – a movable item – purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022, they are defined by the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the Product sold has a physical or legal defect (warranty). According to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product purchased in accordance with the previous sentence to the Customer who is not a consumer is excluded.
6.8.2. In the case of a complaint about a Product – a movable item (including a movable item with digital elements), but excluding a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023. the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43a – 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.8.2. In the case of a complaint about a Product – digital content or service or a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 or before that date, if the delivery of such a Product was to take place or took place after that date are defined by the provisions of the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h – 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be granted for the Product – this is a contractual (additional) liability and can be used when the given Product is covered by the warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including the details of the entity responsible for the implementation of the guarantee and the entity authorized to use it, are available in the guarantee description, e.g. in the guarantee card or elsewhere regarding the guarantee. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled by law to legal protection measures on the part of and at the expense of the Seller, and that the warranty does not affect these legal protection measures.
6.10. Included in points 6.8.2. and 6.8.3 of the Regulations, the provisions regarding the consumer also apply to the Customer who is a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the activity performed by him business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SEEKING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is to among other things, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for dispute settlement to a permanent amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the voivodship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the Seller’s business activity); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at the address advice@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (the helpline is open on working days, from 8:00 a.m. to 6:00 p.m., connection fee according to the operator’s tariff).
7.4. At http://ec.europa.eu/consumers/odr, a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
8.1. 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 point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: Brody Małe 2C, 22-460 Szczebrzeszyn (in the case of Products sent to the Customer);
8.1.2. in writing to the address: ul. Główna 12a, 05-802 Pruszków (in the case of Products collected in person);
8.1.3. in electronic form via e-mail to the following address: marta@myinfinitychild.com.
8.2. Return of the Product – movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address:
8.2.1. Brody Małe 2C, 22-460 Szczebrzeszyn (in the case of Products sent to the Customer);
8.2.2. st. Główna 12a, 05-802 Pruszków (in the case of Products collected in person). In the case of a personal return of the Product, it is possible on Saturdays, from 12:00 to 18:00,
8.3. An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 13 of the Regulations. The consumer may use the form template, but it is not mandatory.
8.4. The deadline to withdraw from the contract begins:
8.4.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time – from taking possession of the first of the Products;
8.4.2. for other contracts – from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is considered void.
8.6. Products – movable items, including movable items with digital elements:
8.6.1. The seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds 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, which does not involve any costs for him. If the payment is made using a payment card, the refund will be made to the bank account assigned to the payment card with which the payment was made. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until he receives the Product back or the consumer provides proof of its return, depending on which event occurs first.
8.6.2. The Consumer is obliged to immediately, not later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller to collect it, unless the Seller proposed that he would collect the Product himself.
8.6.3. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Products – digital content or digital services:
8.7.1. In the event of withdrawal from the contract for the delivery of the Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product – digital content or digital service – provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer’s activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) they were produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the Customer Account, which does not affect the consumer’s rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.
8.7.2. In the event of withdrawal from the contract for the supply of the Product – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.
8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. In the case of Products – movable items (including movable items with digital elements) – if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. In the case of Products – movable items (including movable items with digital elements) – the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, the performance of which – at the express request of the consumer – began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided.
8.9. The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
8.9.1. for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and acknowledged this ; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that is subject to rapid deterioration or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products which, due to their nature, are inseparably connected with other items after delivery; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.
8.10. The provisions regarding the consumer contained in this point 8 of the Regulations shall apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to its business activity, when the content of the contract states that that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date who is also not a natural person concluding a contract directly related to its activity business, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
9.4. The seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a relevant statement to the Service Recipient.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limit referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the case of failure to conclude a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damage foreseeable at the time of concluding the contract and is not liable for lost profits. The seller is also not responsible for delays in the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
10. TERMS OF USE OF THE DIGITAL PRODUCT
10.1. This point 10 of the Regulations and the provisions contained therein define the default rules for the use of Digital Products available in the Online Store. These rules apply in the absence of individual terms of use for a given Digital Product or to the extent not regulated by individual terms.
10.2. The rights to the Digital Product, including copyrights in the case of Digital Products constituting a work within the meaning of the Copyright Law, are vested in the Seller or other authorized third parties.
10.3. On the basis of the concluded Sales Agreement, the Customer is entitled to use the Digital Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Agreement, and in the absence of such specification, for the purposes for which the Digital Product of this type is usually used, taking into account applicable regulations. regulations, technical standards or good practices.
10.4. The use of the Digital Product by the Customer is possible only for non-commercial purposes, for the Customer’s own, private use, to the extent specified in these Regulations and the provisions of the Copyright Law, unless the Sales Agreement provides otherwise.
10.5. Subject to exceptions provided for by generally applicable regulations, including Copyright Law, and other provisions of the Sales Agreement: (1) the Customer is not entitled to make the Digital Product available to third parties; (2) The Customer is not entitled to use the Digital Product for commercial purposes, including marketing, renting, lending or selling the Digital Product; (3) The Customer is not entitled to transfer, sublicense or authorize other persons to use the Digital Product; (4) The Customer is not entitled to copy, duplicate, modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to interfere with the Digital Product, unless it is necessary to ensure the proper use of the Digital Product in accordance with the Sales Agreement. The Customer does not receive ownership of any copyrights to the Digital Products.
10.6. The use of the Digital Product by the Customer is possible for the period specified in the Sales Agreement.
10.7. In accordance with point 8.9.1 of the Regulations, the consumer is not entitled to withdraw from the Sales Agreement without giving a reason if its subject is a Digital Product for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer who was informed before the service started, that after the performance of the service by the Seller, he will lose the right to withdraw from the contract, and he acknowledged this, and the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act.
11. PRODUCT REVIEWS
11.1. The Seller enables its Customers to issue and access opinions about the Products and the Online Store on the terms set out in this section of the Regulations.
11.2. It is possible to leave an opinion by the Customer after using the form that allows adding an opinion about the Product or the Online Store. This form may be made available directly on the Online Store website (including using an external widget) or it may be made available via an individual link received by the Customer after the purchase to the e-mail address provided by him. When adding an opinion, the Customer may also add a graphic assessment or a photo of the Product – if such an option is available in the opinion form.
11.3. An opinion on the Product may be issued only for the Products actually purchased in the Seller’s Online Store and by the Customer who purchased the Product under review. It is forbidden to conclude fictitious or apparent Sales Agreements in order to issue an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
11.4. Adding opinions by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. By adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and decency.
11.5. Opinions can be made available directly on the Online Store website (e.g. on a given Product) or on an external website collecting opinions cooperating with the Seller and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).
11.6. The Seller ensures that the published opinions about the Products come from its Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the opinions come from its Customers:
11.6.1. Publishing an opinion issued using the form available directly on the Online Store website requires prior verification by the Seller. The verification consists in checking the compliance of the opinion with the Regulations, in particular checking whether the reviewing person is a Customer of the Online Store – in this case, the Seller checks whether that person has made a purchase in the Online Store, and in the case of an opinion about the Product, he additionally checks whether he purchased the reviewed Product. Verification takes place without undue delay.
11.6.2. The Seller sends to its Customers (including via an external website collecting opinions with which it cooperates) an individual link to the e-mail address provided by it during the purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
11.6.3. In case of doubts of the Seller or reservations addressed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Online Store or purchased the reviewed Product.
11.7. Any comments, appeals against the review of opinions, or reservations as to whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
11.8. The Seller does not post or commission any other person to post false customer reviews or recommendations, and does not distort customer reviews or recommendations in order to promote its Products. The seller provides both positive and negative reviews. The seller does not provide sponsored reviews.
12. FINAL PROVISIONS
12.1. Umowy zawierane poprzez Sklep Internetowy zawierane są w języku polskim.
12.2. Zmiana Regulaminu:
12.2.1. Usługodawca zastrzega sobie prawo do dokonywania zmian Regulaminu z ważnych przyczyn, to jest: zmiany przepisów prawa; podlegania obowiązkowi prawnemu lub regulacyjnemu; zmiany sposobów i terminów płatności lub dostaw; zmiany danych Sprzedawcy/Usługodawcy; dodania, zmiany lub usunięcia Produktów oraz Usług Elektronicznych – w zakresie, w jakim te zmiany wpływają na realizację postanowień niniejszego Regulaminu.
12.2.2. W przypadku zawarcia na podstawie niniejszego Regulaminu umów o charakterze ciągłym (np. świadczenie Usługi Elektronicznej – Konto) zmieniony Regulamin wiąże Usługobiorcę, jeżeli zostały zachowane wymagania określone w art. 384 oraz 384[1] Kodeksu Cywilnego, to jest Usługobiorca został prawidłowo powiadomiony o zmianach i nie wypowiedział umowy w terminie 15 dni kalendarzowych od dnia powiadomienia. W wypadku gdyby zmiana Regulaminu skutkowała wprowadzeniem jakichkolwiek nowych opłat lub podwyższeniem obecnych Usługobiorca ma prawo odstąpienia od umowy.
12.2.3. W przypadku zawarcia na podstawie niniejszego Regulaminu umów o innym charakterze niż umowy ciągłe (np. Umowa Sprzedaży) zmiany Regulaminu nie będą w żaden sposób naruszać praw nabytych Usługobiorców/Klientów przed dniem wejścia w życie zmian Regulaminu, w szczególności zmiany Regulaminu nie będą miały wpływu na już składane lub złożone Zamówienia oraz zawarte, realizowane lub wykonane Umowy Sprzedaży.
12.3. W sprawach nieuregulowanych w niniejszym Regulaminie mają zastosowanie powszechnie obowiązujące przepisy prawa polskiego, w szczególności: Kodeksu Cywilnego; ustawy o świadczeniu usług drogą elektroniczną z dnia 18 lipca 2002 r. (Dz.U. 2002 nr 144, poz. 1204 ze zm.); Ustawy o Prawach Konsumenta; oraz inne właściwe przepisy powszechnie obowiązującego prawa.
13. TEMPLATE WITHDRAWAL FROM THE CONTRACT
(ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
This form should be completed and returned only if you wish to withdraw from the contract.
– Recipient:
Ms Marta Tomaszewska
Brody Małe 2C, 22-460 Szczebrzeszyn / ul. Główna 12a, 05-802 Pruszkow(*)
myinfinitychild.com
marta@myinfinitychild.com
– I/We(*) hereby give notice(*) of my/our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for a specific task involving the performance of the following goods(*)/for the provision of the following service (*)
– Date of contract conclusion(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete where not applicable.