WEBSHOP REGULATIONS
These Regulations set out the general terms and conditions, rules and manner of sales conducted by Michał Twardoń, conducting business under the name SMREKI Michał Twardoń with its registered office in Suchy Las, via the online shop www.homeaura.pl (hereinafter referred to as the "Online Shop").
§ 1 Definitions
1. working days - means weekdays from Monday to Friday excluding public holidays.
(2) Delivery - means the actual act of supplying the Customer, through the Seller, with the Goods specified in the order.
3. Supplier - means the courier company, i.e. the entity with which the Seller cooperates in the delivery of the Goods:
4 Password - means a sequence of letter, digital or other characters chosen by the Customer during the Registration in the Online Shop, used to secure access to the Customer's Account in the Online Shop.
5 Customer - means an entity to whom, in accordance with the Terms and Conditions and the law, electronic services may be provided or with whom a Sales Contract may be concluded.
6 Consumer - means a natural person making a legal transaction not directly connected with his/her economic or professional activity.
(7) Customer Account - means the individual panel for each Customer, set up for the Customer by the Seller, after the Customer has registered.
8 Login - means an individual designation of the Customer, established by him or her, consisting of a sequence of letter, digital or other characters, required together with a Password to establish a Customer's Account with the Online Shop. The Login is the Customer's correct e-mail address.
(9) Entrepreneur - means a natural person, a legal person or an organisational unit which is not a legal person but to which the law confers legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
10. Regulations - means these regulations of the Online Shop.
11. registration - means an actual action performed in the manner specified in the Terms and Conditions, required for the Customer to use all the functionalities of the Online Shop.
12. Seller - shall mean Michał Twardoń conducting business activity under the name SMREKI Michał Twardoń with registered office in Suchy Las (62-002), 27 Sprzeczna Street, NIP: 7773008763, REGON: 368363849, being at the same time the owner of the Internet Store and the Home Aura brand.
13. Store Website - means the website under which the Seller operates the Online Store, operating under the domain www.homeaura.pl.
14) Goods - means the product presented by the Seller via the Store's Website.
15. sales contract - means a sales contract concluded electronically under the terms of the Terms and Conditions between the Customer and the Seller.
§ 2 General provisions
(1) All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to the templates, forms, logotypes placed on the Store's Website (with the exception of logotypes and photographs presented on the Store's Website for the purpose of presenting goods, the copyrights to which belong to third parties) belong to the Seller, and their use may be performed only in the manner specified and in accordance with the Terms and Conditions.
(2) The online shop is made available by the Seller via the Internet network and the Shop Website as a resource of the ICT and IT system.
(3) It is prohibited to use the Online Shop or the Store's Website by customers or third parties to send unsolicited commercial information.
/§ 3 Using the Online Shop
(1) The use of the Internet Shop means any action by the Customer which leads to him or her becoming acquainted with the content of the Internet Shop's Website, subject to the provisions of §4 of the Terms and Conditions.
(2) The use of the Online Shop may only take place on the terms and to the extent indicated in the Terms and Conditions.
(3) The Seller will endeavour to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store's Website are a web browser with at least Internet Explorer 8 or Chrome 16 or FireFox 10 or Opera 11 or Safari 5 or later, with Javascript enabled, accepting cookies and an Internet connection of at least 256 kbit/s. The Shop website is optimised for a minimum screen resolution of 1024×768 pixels.
(4) In order to place an order in the Online Shop and to use the Services available on the Online Shop's Websites, it is necessary for the Customer to have an active e-mail account, subject to §9(17).
(5) When using the Internet Shop, the Customer is not entitled to any interference with the content, structure, form, graphics, mechanism of operation of the Internet Shop and the Website of the Internet Shop.
The Seller declares that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customer data by unauthorised persons, therefore Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, they should use anti-virus and identity protection software to protect the identity of those using the Internet. The Seller will never ask the Customer to provide the Password in any form.
§ 4 Registration
(1) In order to create a Customer Account, the Customer is obliged to register.
2 Registration is necessary for Customers to place orders in the Online Shop.
(3) For Registration, the Customer should fill in the registration form made available by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. The registration form shall be completed in accordance with the following rules:
a) The customer should fill in all fields on the registration form, unless a field is marked as optional;
b) The information entered on the registration form shall relate solely to the Customer and shall be truthful, the Customer being the person responsible for the truthfulness of the information entered on the registration form;
c) The Customer should read and confirm that he/she has read the Terms and Conditions by marking the appropriate box on the registration form;
d) The Customer, by marking the appropriate field of the registration form, should express his/her will to conclude an agreement for the provision of services by electronic means by the Seller for the Customer's Account, whereby the Customer's failure to express his/her will to conclude an agreement shall preclude the Registration and establishment of the Customer's Account;
e) The Customer shall consent to the processing of his/her personal data contained in the registration form for the purpose of providing services on the basis of contracts concluded in accordance with these Terms and Conditions (Article 23(1)(3) of the Personal Data Protection Act), with the Customer having the right to access and correct his/her data.
5. Sending a completed registration form is tantamount to:
a) the Customer has acknowledged and accepted the provisions of the Terms and Conditions;
b) authorising the Seller to process the Customer's personal data included in the registration form in order to provide the service of maintaining the Customer's Account and agreeing to the Seller's forwarding of information connected with the technical support of the Customer's Account to the e-mail address provided by the Customer during Registration.
(6) During Registration, the Customer may consent to the processing of his/her personal data for marketing purposes. In this case, the Vendor shall clearly inform about the purpose of collecting the Customer's personal data, as well as about the known or expected recipients of such data. The consent to the processing of personal data for marketing purposes takes into account that:
(a) consent is voluntary and may be withdrawn at any time;
b) The customer to whom the personal data relates has the right of access to the content and correction of the personal data;
7 Consent to the processing of personal data for marketing purposes shall mean, in particular, consent to receive commercial information from the Customer's e-mail address.
(8) After submitting the completed registration form, the Customer shall immediately receive, by e-mail to the e-mail address provided in the registration form, confirmation of Registration by the Seller. At this moment, the agreement on electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer obtains the possibility to access the Customer's Account and make changes to the data provided during registration, with the exception of the Login.
9 The Customer is obliged to make every effort to keep the Password confidential and not to make it available to third parties. If there are circumstances indicating a suspicion that the Password is in the possession of an unauthorised person, the Customer shall be obliged to immediately notify the Seller of this fact using the available means of communication. In such a situation, the Client shall immediately change the Password using the relevant functionalities within the Client's Account.
(10) The Seller shall create and implement safeguards against unauthorised use, reproduction or distribution of the content of the Store's Website. In the event that the Seller implements the aforementioned safeguards, Customers undertake to refrain from any actions aimed at removing or circumventing such safeguards or solutions.
§ 5 Procurement, payment and order processing
(1) The information contained on the Store's Website does not constitute an offer by the Seller, within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a contract of sale of Goods.
(2) The Customer may place orders in the Online Shop 7 (seven) days a week and 24 (twenty-four) hours a day via the Online Shop Website.
The Customer completes the order by selecting the Goods he/she is interested in by choosing the "ADD TO CART" command under the given Goods located on the Store's Website. After completing the entire order and indicating in the "CART" the method of Delivery, the Customer places the order by sending an order form to the Seller. The form is sent by activating the appropriate field in the order form. Each time before sending the order to the Seller, the total price of the selected Goods and the total cost of the selected method of Delivery are indicated.
(4) Placing an order constitutes an offer by the Customer to enter into a contract of sale for the Goods which are the subject of the order.
(5) After placing an order, the Seller shall send a confirmation of order acceptance to the e-mail address provided by the Customer. The confirmation of order acceptance is the Seller's statement of acceptance of the offer referred to in §5 section 4 above.
(6) On the basis of the order placed, the Seller verifies the availability in the Online Shop of the Goods ordered by the Customer.
(7) In the event that the ordered Goods are not available in the Online Shop or it is not possible to fulfil the Customer's order for other reasons, including when it is not possible to purchase the Goods from the Seller's suppliers within the time provided for the fulfilment of the order, the Seller shall inform the Customer by e-mail or telephone of the circumstances arising.
(8) If the fulfilment of the order proves impossible, the Seller may offer the Customer:
a) cancellation of the entire order (the Customer's choice of this option relieves the Seller of the obligation to carry out the order);
b) cancellation of the order in the part in which its realisation is not possible within a reasonable time (the selection of this option by the Customer releases the Seller from the realisation of the order to the extent that it is not possible);
c) splitting of the order and determination of the delivery date for the part of the order that cannot be delivered originally (if the Customer chooses this option, Delivery will be made in separate shipments, and the Customer will not incur additional Delivery costs associated with splitting the order).
9. the prices on the Store's Website posted next to the Goods in question:
a) are gross prices (including VAT) and are expressed in Polish zloty or optionally in euro.
b) do not contain information on the costs of Delivery, which the Customer will be informed of when choosing the method of Delivery;
(c) do not contain information on possible customs duties if the delivery address is outside Poland.
(10) The final price binding the parties to the Sales Contract shall be the price of the Goods contained on the Store's Website at the time the Customer places the order.
11. Information on the total value of the order is specified each time in the "CART", after the Customer has made his/her choice of form.
12 The Customer may choose the following forms of payment for the Goods ordered:
a) bank transfer to the Seller's bank account (in this case, the processing of the order will be initiated after the Customer completes the process of placing the order in the Online Shop, and the shipment will be made after the funds are credited to the Seller's bank account);
b) cash on delivery - payment at the Seller's warehouse (in this case, the order will be processed immediately after the Customer completes the ordering process at the Online Shop, and the Goods will be released at the Seller's warehouse);
13th The Customer may modify the order until the moment of receiving information to the Customer's e-mail address confirming acceptance of the order for processing by the Seller. In particular, the modifications may concern the scope of the order in question, cancellation of all or part of the order, change of the delivery address, or change of data on the VAT invoice. In the event that the Customer adds new Goods to an order that is already in progress, but before the Seller dispatches the shipment, this may extend the processing time of the order. In case of cancellation of all or part of the order, if the payment was made by the Customer in advance, the relevant amount will be refunded by the Seller within 14 (fourteen) days from the date of modification by the Customer. The principles of refunding the Customer are set out in §7 and §8 below.
(14) The Seller may include on the Store's Website information on the number of approximate Business Days required to process an order.
15 The ordered Goods are delivered to the Customer via the Supplier at the address indicated on the order form.
16 The customer is obliged to provide a contact telephone number, which will be given to the Supplier in order to make an accurate appointment for delivery.
On the day of dispatch of the Goods to the Customer (if the possibility of collecting the Goods in person has not been selected), information confirming dispatch by the Seller is sent to the Customer's e-mail address.
(18) The Customer shall examine the delivered consignment at the time and in the manner usual for consignments of a given type, in the presence of an employee of the Supplier.
19 The Customer shall have the right to require an employee of the Supplier to write a proper protocol in the event of loss or damage to the consignment.
(20) The Customer has the option to collect the ordered Goods in person. Collection can be made at the Seller's warehouse on Business Days, between 8;00 and 15:00 and on Saturday if necessary) by prior arrangement by e-mail or telephone.
(21) The Seller shall attach to the consignment being delivered, at the Customer's request, a VAT invoice covering the Goods being delivered.
(22) If the Customer is not present at the address indicated by him/her when placing the order as the Delivery address, an employee of the Supplier will leave a postal advice note. In the event that the ordered Goods are returned to the Online Shop by the Supplier, the Seller will contact the Customer by email or telephone, re-arranging with the Customer the date and cost of Delivery.
23 Order Processing Time:
a) Each product available in our online shop has a delivery time, which is detailed in the delivery information available on the product page.
(b) We make every effort to process orders as quickly as possible. The maximum lead time will not exceed 50 working days from the time the order is placed.
c) In the event of delays in the fulfilment of an order, which may be due to reasons beyond the shop's control, the customer will be informed immediately of the expected new delivery date.
§ 6 Complaints and guarantees
(1) The Customer is obliged to accept and then open and inspect the Goods received from the Supplier in the presence of an employee of the Supplier. If damage is found in transit, the Customer writes a damage report with the Supplier's employee, which is then handed over to the Seller.
(2) In order to lodge a claim for damage in transit, a damage report must be sent along with the claim, which must be drawn up only at the time of receipt of the Goods.
3 The customer is obliged to unpack the furniture with the wooden top within 14 days of receipt and to store it at room temperature.
(4) The Seller shall be liable for non-conformity of the Goods with the contract if it is found by the Customer who is a Consumer before the expiry of 2 years from the date of Delivery. The Customer who is a Consumer shall be obliged to notify the Seller of the ascertained non-compliance of the Goods with the contract within 2 months from the date of ascertaining such non-compliance.
5 The Seller shall, within 14 (fourteen) days, respond to the complaint of the Goods reported by the Customer and notify the Customer of the further course of action.
In order to consider the complaint of the Goods, the Customer should send or deliver the Goods under complaint together with, if possible, the proof of purchase. The Goods under complaint should be delivered or sent to the address of the Seller. The Seller shall reimburse the Customer for documented shipping costs.
Shipping address: 27 Sprzeczna Street, 62-002 Suchy Las
If the complaint is resolved in favour of the Customer, the Seller will repair or replace the Customer's product with a new one. If the replacement or repair would expose the Customer to significant inconvenience, the Seller, in accordance with the Customer's request, shall reduce the price or return - as a result of withdrawal from the agreement by the Customer - the full amount due for the advertised product within 14 (fourteen) days. In the case of withdrawal from the contract, the parties shall return what they have mutually provided to each other.
§ 7 Withdrawal from the Sales Contract
(1) The Customer who is a Consumer may withdraw from the Sales Agreement without stating reasons by submitting an appropriate declaration in writing within 14 (fourteen) days from the date of Delivery. Sending the declaration before the expiry of this period shall be sufficient to meet this deadline. A model statement of withdrawal shall be sent to the Customer's e-mail after prior contact with the Seller.
(2) The customer may not withdraw from the Contract of Sale when purchasing a custom-made piece of furniture,
(3) In the event of effective withdrawal from the Contract of Sale, the contract shall be deemed not to have been concluded. The Customer shall be obliged to return the purchased Goods, immediately, no later than within 14 (fourteen) days. The Goods shall be returned unchanged, unless the change was necessary within the limits of ordinary management. The return can be made by example:
a) directly at the Seller's warehouse on working days from 8 a.m. to 3 p.m. or
b) via Poczta Polska S.A. or a courier company by sending the Goods to the Seller's address.
Shipping address: Ul. Krotoszyńska 4, 63-860 Pogorzela
§ 8 Refunds
1 The Seller shall refund the Customers within 14 (fourteen) days in the case of:
a) cancellation by the Customer of an order or part of an order prepaid prior to its fulfilment (in which case the relevant part of the price shall be refunded);
b) withdrawal from the Sales Contract by the Customer who is a Consumer in accordance with §7 of the Terms and Conditions;
c) reduce the price or withdraw from the Sales Contract if the complaint is accepted in accordance with §6 of the Terms and Conditions.
(2) The method of reimbursement shall depend on the form of the original payment to the Seller:
a) in the case of payment "in advance" by bank transfer, the Seller shall refund the amount due to the Customer's bank account from which he made the payment.
b) in the case of payment upon "personal collection", the Seller shall make the reimbursement to the bank account after agreeing with the Customer on the form of reimbursement chosen by the Customer and requesting the Customer to provide the data required for the transfer.
The Seller shall not be liable for non-reimbursement or delay in such reimbursement if, despite the call referred to in §8.2.b and §8.2.c above being sent to the Customer at the e-mail address provided by the Customer, the Customer fails to provide the Seller with the required data or if the response to the call is incomplete and makes it impossible to make an effective reimbursement. The Seller shall not be held liable also if the refund is not made or is made late due to the Customer providing incorrect data required for the bank transfer or postal order. The refund shall be made in such a case, immediately after the above mentioned data are obtained from the Customer.
§ 9 Liability
(1) The Seller shall be liable for non-performance or undue performance of the contract, but in the case of contracts concluded with customers who are Entrepreneurs, the Seller shall only be liable in the case of intentional damage and within the limits of the actual losses incurred by the Customer who is an Entrepreneur.
(2) The Seller shall not be liable for non-performance or undue performance of services provided electronically if caused by third parties (in particular telecommunications operators, providers of telecommunications lines and electricity). However, the Seller shall be liable for the acts or omissions of persons with whose assistance he performs electronically provided services, as well as persons to whom he entrusts the performance of such services as for their own acts or omissions.
(3) The Seller shall not be liable for any inability or hindrance in the use of the On-line shop due to reasons attributable to the Customer, in particular for loss by the Customer or coming into possession by third parties (regardless of the manner) of his/her Password. However, the Seller shall be liable if the Customer's loss or entry into possession by third parties of his/her Password occurred for reasons attributable to the Seller or reasons for which the Seller bears responsibility.
4. the Seller shall not be liable for damages caused by the actions or omissions of the Customers, in particular for their use of the Internet Shop in a manner inconsistent with applicable law or these Terms and Conditions.
(5) The exclusive source of the Seller's obligations shall be these Terms and Conditions and mandatory legal regulations.
§ 10 Personal data and cookies
(1) The administrator of the Customers' personal data provided voluntarily to the Seller within the framework of the Registration and within the framework of the Seller's provision of electronic services or within the framework of other circumstances specified in the Terms and Conditions, is the Seller.
(2) Personal data shall be processed by the Seller only on the basis of an authorisation to process the data and only for the purpose of carrying out orders or services provided electronically by the Seller and other purposes specified in the Terms and Conditions.
(3) The collection of personal data provided to the Seller shall be reported by the Seller to the General Inspector for Personal Data Protection.
(4) Personal data provided to the Seller is provided to the Seller voluntarily, with the proviso, however, that failure to provide the data specified in the Terms and Conditions during the Registration process makes it impossible to register and set up a Customer Account and makes it impossible to place and carry out a Customer order, in the case of placing an order without registering a Customer Account.
(5) Anyone who provides the Seller with their personal data has the right to access and correct it.
(6) The Seller shall ensure the possibility of deleting personal data from the maintained collection, in particular in the case of deleting the Customer's Account. The Seller may refuse to remove the personal data if the Customer has not paid all amounts due to the Seller or has violated applicable laws and the retention of the personal data is necessary to clarify these circumstances and establish the Customer's liability.
(7) The Seller protects the personal data provided to it and makes every effort to protect them against unauthorised access or use. The collection of collected Customers' personal data is treated as a separate database, stored on the Seller's server, in a special security zone, ensuring proper protection.
(8) The Seller uses the mechanism of "cookies" files, which are saved by the Seller's server on the hard drive of the Customer's final device when the Customers use the Shop's Websites.
(9) The use of cookies is aimed at the correct operation of the Store's Websites on Customers' terminal devices. This mechanism does not damage the Customer's final device and does not cause any configuration changes in the Customers' final devices or in the software installed on these devices. "Cookies" are not intended to identify Customers.
10. the Seller uses the mechanism of "cookies" in order to:
a) to remember information about Customers' terminal equipment;
(b) to review and develop its offer;
(c) statistical.
(11) Each Customer may disable the "cookies" mechanism in the web browser of his/her end device. The Seller points out that disabling "cookies" may, however, make it difficult or impossible to use the Store's Websites.
§ 11 Final provisions and amendment of the Rules of Procedure
(1) The Rules and Regulations are valid as of the date of publication on the website of the Online Shop and replace the previously valid rules and regulations of the Online Shop.
(2) The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading at any time from the pages of the Online Shop.
(3) All orders accepted by the Seller for execution before the date of the change of the Terms and Conditions shall be executed on the basis of the Terms and Conditions that were in force on the date of placing the order by the Customer.
(4) In the event of a dispute arising under a concluded Sales Contract, the parties will seek to resolve the matter amicably. Polish law shall govern all disputes arising under these Terms and Conditions.
(5) The regulations shall enter into force on 30.06.2021.
