OBSESSIVE ONLINE SHOP REGULATIONS
LAST UPDATE: 02.01.2023 r.
Table of contents
VI NEWSLETTER AGREEMENT (LEAD MAGNET)
I. GENERAL PROVISIONS
- These Regulations define the terms and conditions for making purchases and using the services provided electronically as part of the online shop available at https://obsessive.com/euro_en.
- The owner of the online shop is AMOCARAT Sp. z o.o. with its headquarters in Czaniec (43-354) on ul. Królewska 1, entered into the Register of Entrepreneurs kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under KRS number: 0000754374 with the share capital of PLN 505,000.00 paid in full, NIP 9372717816, REGON: 381622700.
- All information contained in the Online Shop, relating to the sold Goods (including prices), does not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code.
- Customers can access these Regulations at any time via the link on the homepage of the https://obsessive.com/euro_en/ online shop and print it out.
- The Customer Service Department is available from Monday to Friday from 8:00 a.m. to 4:00 p.m. The Customer Service Department can be contacted by phone at the following numbers: +48 888 666 777, mobile +48 509 813 033, fax +48 33 845 32 30 ext. 40 and by email at [email protected]. In addition, the Customer can contact the Seller via social media i.e. Facebook profile @Obsessive lingerie PL, Instagram profile @Obsessivelingerie, LinkedIn profile @Obsessive. The Seller responds to messages from Monday to Friday from 8 am to 4 pm
- All Goods offered for sale in the Obsessive Shop are brand new, free from physical and legal defects, conformity with the contract and have been legally introduced to the market.
The terms used in these Regulations mean:
- Customer – a natural person, legal person or organisational unit without legal personality, to whom special provisions grant legal capacity, and who places an Order as part of the Obsessive Shop;
- Seller – the owner of the online shop, i.e. the AMOCARAT Sp. z o.o company with its headquarters in Czaniec.
- Civil Code – the Act of April 23, 1964 (Journal of Laws 2022, 1360, i.e.);
- Directive - DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of October 2011 on consumer rihgts, amendin Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council;
- Consumer – a natural person – including a natural person running a sole proprietorship – who performs a legal transaction with the Obsessive Shop (including Orders), provided that it is not of a professional nature for them, resulting in particular from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Regulations – these Regulations of the Obsessive Online Shop;
- Obsessive online shop (Obsessive Shop or Online Shop) – a website available at obsessive.com or obsessive.pl, through which the Customer may, in particular, place Orders;
- Goods – products presented in the Obsessive Shop and offered for sale by the Seller;
- Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between AMOCARAT Sp. z o.o. and the Customer, concluded using the Obsessive Shop as part of a distance contracting scheme without the simultaneous physical presence of the Contracting Parties;
- Digital Content - a file or files in digital form, not fixed on a permanent medium,
- Lead Magnet - Digital Content (including Newsletter) provided in exchange for the provision of personal data under the Lead Magnet Delivery Agreement,
- Newsletter - Lead Magnet delivered on a continuous basis, where commercial and promotional content is sent free of charge, including information about news and promotions. The rules for providing the Newsletter are set out in these Regulations;
- Newsletter Delivery Agreement - Agreement for the delivery of Lead Magnet, pursuant to which the Seller will deliver the Newsletter to the Customer in exchange for the Customer providing his/her e-mail address, name and gender;
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287, i.e.);
- Act on the provision of electronic services – Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2020.344, i.e.);
- Order – a Customer’s declaration of will, constituting an offer to conclude a Sales Agreement, specifying in particular the type and number of Goods together with confirmation of the will to purchase them;
- Account – a set of data created for the Customer, which can be used after providing the email address and password reported to the Seller (login);
- Discount codes – a sequence of characters generated by the Obsessive Shop system and made available to the Customer, enabling the Customer to obtain a fixed discount (amount or percentage) under the conditions specified by a given promotion, described in detail in the regulations of a given promotion;
- Shopping vouchers/Gift cards – a string of characters generated by the Obsessive Shop system, made available to the Customer by email or by post, enabling payment for purchases in the Obsessive Shop with the value specified on a given voucher/card by the Obsessive Shop and provided to the Customer – under separate conditions specified.
III. PURCHASE TERMS
A. GENERAL PROVISIONS
- As part of the Online Shop, information about the Goods, including their price, is published.
- The Seller does not use algorithms that adjust prices individually on the basis of Customer behaviour based on automated decision-making.
- The sales contract is concluded between the Customer placing the Order and the Seller.
- Access to the Online Shop is possible without territorial restrictions.
- The given prices are gross prices (they include VAT). The binding price for the parties to the transaction is the price displayed next to the product at the time of placing the Order by the Customer. The prices presented in the Obsessive Shop do not include the costs of shipping the Goods, which is presented to the Customer before accepting the Order.
- In the case of Orders placed with delivery to a country outside the customs territory of the European Union, the Customer may be obliged to incur additional costs related to customs debt, which means the obligation to pay import duties by the Customer, if the country of the place of delivery indicated by him requires such costs. These costs may include duties, taxes and administrative charges/fees related to customs clearance to the carrier or customs agency. The Customer bears all of the costs of customs clearance.
- By placing an Order, the Customer declares that they have read the content of the Regulations and accepts the provisions of the Regulations. The customer is obliged to comply with the binding provisions of the Regulations.
- The Obsessive Shop reserves the right to refuse to process the Order if the Customer’s personal data is not true, as well as in the cases indicated in § III. E. 1.
- he Seller declares that he does not verify opinions about the Goods, which means that he is not able to guarantee that the opinions about the Goods published on the website of Obsessive Shop or in social media come only from Customers who actually purchased the Goods.
B. PURCHASE MADE IN THE ONLINE SHOP
- Orders made through the Obsessive Shop can be placed 24 hours a day, on all days of the week, except for periods related to technical and maintenance breaks.
- The Customer places an Order by adding selected Goods to the virtual cart. Placing the Goods in the virtual cart does not indicate their reservation. If the quantity of available Goods is exhausted before the Customer approves the Order, the Seller reserves that the Order will not be accepted for execution or will be accepted for execution partially.
- After selecting the Goods, and before making the payment, the Customer is obliged to complete the electronic form by providing the required data necessary for contact and delivery of the Goods. In the case of customers who are natural persons, it is necessary to indicate the full and correct name, email address, shipping address and telephone number. In the case of Customers who are natural persons conducting business activity or who are legal persons or organisational units who are not legal persons and to whom the law grants legal capacity, it is also necessary to indicate the full and correct company name and tax identification number (NIP).
- The indicated data, in accordance with the paragraph above, may not be changed until delivery. Changing it, including in particular the delivery address, is possible only in extraordinary circumstances after agreeing with the Seller and before handing the Goods over to the carrier for delivery. The Customer is to be held responsible for providing incomplete, out-of-date or untrue data.
- After placing the Order by the Customer, the Customer receives confirmation of the Order from the Seller to the email address provided, along with all essential elements of the Order, in particular information on the total price of the ordered Goods, the cost of delivery and the expected date of the Order (i.e. delivery of the Goods to the address provided by the Customer). Lack of receipt of the confirmation of the acceptance of the Order by the Customer within 5 days means that the Order has not been accepted for execution, and the sales contract has not been concluded. In the event that only a part of the Order has been confirmed and accepted for execution, then a contract is concluded only with regard to the confirmed Goods. If the Customer is not interested in concluding a contract for some of the Goods, they may withdraw from the contract in accordance with the provisions of point IV of these Regulations.
- The Customer can submit a purchase offer without registering or logging in.
- Customers interested in opening an Account in the Online Shop may complete the registration form available on the Online Shop’s website by providing their email address, password and accepting the Regulations. A message informing about registration and other information required by law will be sent to the email address provided.
- As a result of correctly completed registration, the Customer also receives access to the Account created for them, which they can use after providing the email address and password reported to the Seller (login). The contract for the provision of electronic services in terms of keeping the Account is concluded between the Customer and the Seller when the Customer receives access to the Account created for them.
- The account contains the Customer’s data provided by them in the registration form and the history of their purchases as part of the Online Shop. In the event of any changes to the data in the Account, the Customer is obliged to immediately update them using the options available in the Online Shop. The Customer is to be held responsible for indicating incomplete, out-of-date or untrue data or the lack of appropriate updates of their data.
- The Customer may register and log in to the Online Shop using the email address and access password on other websites that offer this option and have been functionally linked to the Online Shop. In this case, the data related to the Customer’s accounts of these related websites, provided and collected on the Customer Account, is treated as data reported by the Customer for registration in the Online Shop.
- Customers who do not have a registered Account when making purchases will be required to provide the delivery address, i.e. the recipient’s name and surname, delivery address – in order to perform the sales contract, and email address and mobile phone number – for the purpose of communication regarding the delivery.
- A Customer who is a natural person using the Online Shop in connection with a business activity or who is a legal person or an organisational unit who is not a legal person, to whom the law grants legal capacity, may register and conduct other activities within the Online Shop through a person authorized to perform the indicated activities on their behalf. It is forbidden to submit offers for the purchase of Goods and to log in to the data of entities without proper authorization from persons authorized to act on behalf of this entity.
- The Customer shall not allow other persons to use the Account including disclosing the password used to access the Account. The Customer is obliged to keep the Account password secret and secure it against disclosure. The Customer is obliged to immediately inform the Seller if the access data to the Account has been taken over by third parties and indicate the circumstances of their taking over.
- The Customer may also place an Order by phone during the working days and hours of the Customer Service Department or by sending an email to the following address: [email protected].
- The Customer may modify the Order and contact details until the final confirmation of the Order submission.
- After placing the Order, the Customer will receive information summarizing the placed Order by email, MMS or SMS message.
- After placing the Order by the Customer, the Customer receives confirmation of the Order from the Seller to the email address provided, along with all essential elements of the Order, in particular information on the total price of the ordered Goods, the cost of delivery and the expected date of the Order (i.e. delivery of the Goods to the address provided by the Customer). For Orders placed with delivery to a country outside the customs territory of the European Union, the Customer will receive information that he may be required to incur additional costs related to the customs debt. Lack of receipt of the confirmation of the acceptance of the Order by the Customer within 5 days means that the Order has not been accepted for execution, and the sales contract has not been concluded. In the event that only a part of the Order has been confirmed and accepted for execution, then a contract is concluded only with regard to the confirmed Goods. If the Customer is not interested in concluding a contract for some of the Goods, they may withdraw from the contract in accordance with the provisions of point IV of these Regulations.
- The Seller may grant the Customer a rebate or a discount voucher on the terms described in the Online Shop. The accumulated discounts may be used by the Customer only for the purchase of Goods. The value of the discount reduces the price that the Customer pays for the Goods. Rebates are not transferable and are not redeemable for cash benefits.
- Any promotions (including Discount Codes) offered by the Obsessive Shop cannot be combined with any other promotions (Discount Codes). The Customer may only use one promotion, unless the terms of the promotion expressly provide for the possibility of using several promotions together. Discounts can only be combined if it is clearly described in the terms and conditions of the promotion.
- In the case of discount codes, one person may use the discount code received only once, unless the possibility of using the discount code multiple times has been clearly indicated.
- Vouchers/gift cards can be used for purchases within each category of the Obsessive Shop, unless the restrictions on their use have been clearly stated in separate terms and conditions.
- If the value of a given Order is higher than the amount available with the Voucher/Gift card, the Customer may pay the difference using the payment methods available in the Obsessive Shop.
E. PAYMENTS AND BILLING DOCUMENTS
- The Seller reserves the right to refuse to process the Order in the event of:
a) incorrect/incomplete completion of the Order form (lack of all necessary data needed to complete the Order),
b) failure to receive the payment within 14 business days of placing the Order.
- The Seller provide online payment made by the Customer in electronic form with the use of payment methods provided by a specialized payment institution with which the Seller has concluded a contract.
- The payment methods available on the date of placing the Order will be indicated on the Online Shop, at the stage of choosing the payment method by the Customer. In the case of selecting payment via credit or debit cards with the function of online payments or bank transfers, the Customer is redirected to a website that allows for electronic payment, e.g. the login page of the Customer’s bank or the Card Authorization Centre.
- Details on possible payment methods are provided HERE, however, as indicated in sec. 2, not all indicated payment methods must be available when placing the Order.
- The given gross price of the Goods includes taxes and all fees required by applicable law. The price does not include the costs of transport and delivery of the Goods, the amount of which is indicated separately and the additional costs related to the customs debt or customs clearance.
- The purchase of the Goods by the Customer is confirmed by the issuance of a billing document by the Seller, i.e. a receipt, a personal invoice or a VAT invoice. The Customer agrees to receive an electronic image of the billing documents electronically to the email address provided by them during registration or when placing the Order.
- In the case of Orders placed by phone, the receipt or invoice will be delivered in a traditional (paper) form.
- In the case of Customers who have a registered Account in the Shop, billing documents will also be available in the Customer Account with the option of being downloaded.
- By default, the billing document issued is a receipt or a personal invoice. A VAT invoice is issued only to those Customers who, at the time of placing the Order, indicated their wish to make the purchase as a business owner and provided the data necessary to issue a VAT invoice, i.e. tax identification number NIP, company name and address. If there is no indication of the will to receive a VAT invoice at the time of placing the Order, it will not be possible to receive the VAT invoice later.
- The processing of Orders placed on business days begins on the business day following the day on which the Obsessive Shop received the prepayment. Orders placed on days off will be processed on the first business day following the day on which the Obsessive Shop received the prepayment.
- The shipment of the Goods will take place immediately after the completion of the Order for the Customer. The time of Order fulfillment (delivery of the Goods) may not exceed 30 days from the date of placing the Order. The Customer is not entitled to choose a specific date of execution or delivery of the Order. Orders are processed in the order in which they are received.
- When finalizing the Order, the Customer may choose one of the available shipping options for the Goods – More details HERE, however, not all of the indicated forms of shipping must be available when placing the Order .
- Each Order is sent in a separate shipment. It is not possible to combine several Orders in one shipment, regardless of the selected form of transport.
- The cost of shipping and the estimated time of transport have been specified in detail in the table available HERE. The estimated shipping time is determined on the basis of the carriers’ declarations. The actual shipping time may be different than expected.
- The ordered goods are sent to the address indicated as the delivery address in the form.
- The Customer should check the condition of the Goods immediately after delivery in the presence of the courier or immediately after collecting the parcel from the parcel locker. In the event of any damage that may arise in transport, the Customer should prepare an appropriate protocol together with the courier and immediately notify the Seller.
IV. CONTRACT WITHDRAWAL, RETURNS, CUSTOMER COMPLAINTS
A. CONTRACT WITHDRAWAL, RETURNS FOR ORDERS DELIVERED IN THE TERRITORY OF THE EUROPEAN ECONOMIC AREA.
- A Customer who is a Consumer has the right to withdraw from the contract within 30 (in words: thirty) days counted from the date of receipt of the ordered Goods, without giving any reason, if his order was delivered within the territory of the European Economic Area.
- The preferred form of notification of the intention to withdraw from the contract is the completed withdrawal form filled in on the Obsessive Shop’s website (Customer Account) or filled in using the template form (downloadable HERE) and sent to the Obsessive Shop address indicated in point I.2 of the Regulations. The Consumer may submit a desire to withdraw from the contract in a different form, also by electronic means, by sending a declaration of withdrawal from the contract to the following address: [email protected]
- If, within a single Order, the Consumer has purchased more than one Product, the withdrawal may apply to all or only the Goods selected by the Customer, on the condition that if the Product was sold as a set or kit – withdrawal is possible in relation to this set or kit. This also applies to products purchased through the “buy and get” promotion that are sold as a bundle.
- In the event of withdrawal from the contract regarding the Order, the Goods should be returned immediately, not later than within 14 days from the date of submitting the declaration of withdrawal from the contract regarding the Order. To meet the deadline, it is enough to return the Goods before the deadline. The cost of returning the Goods to the Seller is borne by the Consumer.
- If, as part of the Order, the Consumer has purchased a product with a discount (e.g. for EUR 0.01, EUR 1) and withdrawn from the Order entirely or in such part that would not entitle them to a discount – the return of the Goods should also include the purchased product with a discount. If the product purchased with a discount is not returned, the Seller has the right to charge the Consumer with the cost equal to the value of the discount granted on the product.
- In the event of exceeding the deadline for withdrawing from the contract or the deadline for returning the Goods specified in this article, the Seller may return the returned Goods to the Consumer at the Consumer’s expense.
- The Obsessive Shop refunds the payment after receiving the return of the Goods and its verification, within no more than 14 days from the date of receipt of the return. The reimbursement paid by the Consumer shall be made using the same methods of payment as those used by the Consumer in the original transaction, unless the Parties have agreed on a different method of reimbursement, that does not involve any costs for the Consumer. In the event that the Consumer benefited from a discount they were entitled to, the refund will be reduced by the value of the discount used.
- In the event of returning the entire Order, the Obsessive Shop will also reimburse the Consumer the shipping costs for the delivery of the Goods, understood as the cheapest, standard delivery method available in the Obsessive Shop, provided that the Consumer bore the cost of the delivery of the Order.
- The Obsessive Shop is not obliged to reimburse any costs of delivery of the Goods, additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest, standard delivery method available in the Obsessive Shop and delivery costs, if the Order is returned only in part.
- The Obsessive Shop may enable Customers to make a return through a carrier with whom they have a contract for handling returns (hereinafter “Returns Service”). The total cost of the Return Service is displayed each time as part of the Online Shop before the Consumer submits the declaration of withdrawal. The Returns Service cost is borne by the Consumer. If, in connection with the withdrawal from the sales contract by the Consumer, the Seller is obliged to refund any amounts due to the Consumer, the payment of the cost of the Returns Service referred to in this paragraph may be made by deducting the Seller’s claims for the payment of the cost of the Returns Service with the Consumer’s claim for reimbursement resulting from the withdrawal from the contract. After making such a deduction, the Consumer will receive a refund of the due amounts reduced by the cost of the Returns Service.
- In the event of not using the Returns Service option, the Consumer should send the return at their own expense to the address of the Obsessive Shop: AMOCARAT Sp. z o.o., ul. Królewska 1, 43-354 Czaniec with the annotation “RETURN”.
- The Consumer may submit a declaration of withdrawal from the contract also before receiving the Goods. In such a situation, however, the Seller – if the Goods ordered by the Consumer have already been shipped – has the option to charge the Consumer with the costs that the Consumer would be obliged to bear in the event of withdrawal from the contract after receipt of the Goods, i.e. the costs of returning the Goods to the Seller.
- In the event of an effective withdrawal from the contract, the contract is considered void, respectively, in relation to the Goods (set, kit) from which the Consumer has withdrawn.
- The Consumer is entitled to check the item in a manner necessary to determine the nature, characteristics and functioning of the item (e.g. fitting). The Consumer is to be held responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The returned Goods should be unused (it can be inspected as described in the paragraph above), clean, with the original tags and free of any odors or scents (e.g. from perfumes or creams) and with no signs of use.
- The right to withdraw from the contract does not apply in the cases specified in art. 16 letter "e" of the Directive, in particular in the case of cosmetics perfumes, i.e. when the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygienic reasons if the packaging has been opened after delivery.
- Cosmetics/perfumes opened from their sealed package and returned by the Consumer will be returned to the Consumer at their cost. In case of wishing to return Goods paid for with a Gift voucher/Gift card, the Consumer will not be entitled to a cash refund, but will have the right to receive a Goods voucher/Gift card with an equivalent value of the returned products, unless the Parties allow the possibility of returning unused funds in the form of a transfer.
B. CONTRACT WITHDRAWAL, RETURNS FOR ORDERS DELIVERED OUTSIDE THE TERRITORY OF THE EUROPEAN ECONOMIC AREA
- Shipment of an Order outside the territory of the European Economic Area is considered an export.
- The Customer bears all of the costs of customs clearance or customs debts.
- The return of the Order is possible at the full cost of the Customer, which means that he is obliged to bear the cost of return shipment, as well as all other costs incurred by the Seller related to the shipment of the Order. The Seller has the right to deduct the cost related to the shipment from the payment made by the Customer
- In the event of failure to collect the Order due to Customer negligence or refusal to collect the Order shipped outside the European economic area (export invoice), the Seller has the right to deduct the cost of such return from the payment made by the Customer. For economic reasons (the cost of return exceeds the value of the returned goods), the Seller has the right to abandon such shipment without the obligation to reimburse the Customer for the payment made for this Order.
C. CONSUMER COMPLAINTS
- The Customer may submit a complaint against the Seller, in particular if the Seller’s activities provided for in these Regulations are conducted improperly or inconsistently with the provisions of the Regulations, and also in the event of the Goods’ non-compliance with the contract. If the Goods are not in conformity with the Contract, the Seller shall be liable to the Consumer for bringing them into conformity with the Contract on the basis of the provisions of the Consumer Rights Act (Section 5a).
- The Seller shall be liable for non-conformity of the Goods with the Contract for a period of two years from the delivery of the Goods to the Consumer. Non-conformity with the Contract occurs if:
a) the description, type, quantity, quality, completeness and functionality of the Goods are not in conformity with the Contract,
b) the Goods are not fit for the specific purpose for which the Consumer needs them and of which the Consumer has informed the Seller at the latest at the time of conclusion of the Contract and which the Seller has accepted,
c) The Goods are not fit for the purpose for which Goods of this kind are normally used,
d) the Goods do not provide the durability and safety that may be expected for Goods of that type, or are not available in the quantity specified,
e) The Goods have not been delivered with the packaging, accessories and instructions which the Consumer may reasonably expect to be provided,
f) the Goods do not correspond with the model or sample made available prior to purchase,
g) non-conformity of the Goods with the Contract is due to incorrect assembly of the Goods if it was carried out by the Seller or under his responsibility, or incorrect assembly carried out by the Consumer was due to errors in the instructions provided by the Seller.
- Complaints will be considered within 14 days of the complaint being submitted by the Consumer. The complaint should include: name and surname or company name, contact details, description of the transaction to which the complaint relates or other circumstances justifying the complaint, as well as the Consumer’s specific request related to the complaint. If the complaint relates to the Goods, the Goods subject to the complaint and the confirmation of its/their purchase in the Online Shop (e.g. invoice, receipt, payment confirmation from a bank account, etc.) should be submitted together with the complaint. . In the case of Goods subject to repair or replacement, the Consumer shall make the Goods available to the Seller.
- The preferred form of filing a complaint is the complaint form (to be downloaded HERE) sent to the address of the Obsessive Shop indicated in point I.2 of the Regulations. However, the complaint may be submitted in any form, including electronically to the following address: [email protected]
- If the data or information provided in the complaint needs to be supplemented, before considering the complaint, the Seller will reach out to the Consumer at the correspondence address or email address provided by them in the complaint to supplement it as indicated.
- In the case of non-conformity of the Goods with the Contract, the Consumer has a claim against the Seller to bring the Goods into conformity with the Contract by repairing or replacing the Goods with new, the same - if available in Obsessive Shop. The Seller may make the exchange when the Consumer demands repair, or may make the repair when the Consumer demands replacement, or refuse to bring the Goods to conformity with the Agreement if bringing the Goods to conformity with the Agreement in a manner chosen by the Consumer is impossible or would require excessive costs for the Seller.
- The Consumer may request a price reduction or withdraw from the Contract if:
a) the Seller has refused to bring the Goods into conformity with the Contract in accordance with paragraph 6 sentence 2 above,
b) the Seller has failed to bring the Goods into conformity with the Contract within a reasonable time,
c) it is not possible to bring the Goods into conformity with the Contract without unreasonable inconvenience for the Consumer,
d) the Seller has failed to take over the Goods made available by the Consumer,
e) the lack of conformity of the Goods with the Contract continues despite the fact that the Seller tried to bring the Goods into conformity with the Contract,
f) the lack of conformity of the Goods with the Contract is so significant that it justifies immediate reduction of the price or withdrawal from the Contract, without the possibility to repair or replace the Goods,
g) it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer.
- The Consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. The lack of conformity of the Goods with the Contract shall be presumed to be material.
- If the lack of conformity with the Contract relates only to some of the Goods supplied under the Contract, the Consumer may withdraw from the Contract only in respect of those Goods and also in respect of the other Goods purchased together with the non-conforming Goods, if the Consumer cannot reasonably be expected to agree to keep only the non-conforming Goods.
- The Consumer will receive information about the method of handling the complaint to the email address provided or to the correspondence address provided (as requested by the Customer). If the complaint is rejected, the Seller will notify the Customer about it, stating the reasons for this decision.
- When the exchange or repair of the Goods proves possible, the Seller will notify the Consumer and provide all information regarding the further course of the procedure. In the event of a justification of the refund, the amount due for the Goods purchased by the Consumer will be refunded within 14 days after the Seller receives the return of the Goods or proof of its return.
- The reimbursement will be made in a manner analogous to the payment method chosen by the Consumer.
- The Seller shall reimburse the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days from the date of receipt of the declaration on price reduction. In the event of withdrawal from the Contract, if the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement until he has received the Goods back or provided proof of their return, whichever event occurs first
- The cost of transport of Goods subject to repair or replacement shall be borne by the Seller. The Seller shall bear the cost of transport of Goods in respect of which the complaint has been accepted
- The Customer who is a Consumer has the option of using an out-of-court method of examining Complaints and pursuing claims before the Permanent Business Arbitration Court at the Voivodeship Inspector of Trade Inspection. Information on how to access the above-mentioned dispute resolution method and procedures can be found at the following address: http://uokik.gov.pl, in the “Settlement of consumer disputes” tab. A Customer who is a consumer also has the option of using the EU ODR internet platform, available at the following internet address: http://ec.europa.eu/consumers/odr/.
- A Customer who is not a consumer and who purchases the Goods for purposes related directly to his professional or business activity, has the right to file a complaint in accordance with the law, while the Seller’s liability under the warranty for physical defects of the Goods is limited to the Customer’s right to demand removal of the defect or replacement of the Goods. The defect will be immediately removed or the defective Product replaced with a Product free from defects, at the Seller’s discretion. The Seller may also withdraw from the contract by returning the price paid for the Goods carrying a physical defect. In other respects, the Seller’s liability under the warranty for defects in the Goods towards non-consumer Customers is excluded.
- Upon the registration referred to in point III. B. 7-13 of the Regulations (Registration of an Account in the Online Shop), an agreement is concluded between the Customer and the Seller for an indefinite period.
- Within 14 days from the conclusion of the contract referred to in paragraph 1 above, the Customer who is a Consumer may withdraw from it without giving reasons. Withdrawal from the contract may be made by email to the Seller’s email address: [email protected] or in writing to the Seller’s mailing address. The right to withdraw from the contract is not entitled to the Customer if they have used the service, in particular if they have placed an Order. The rules for withdrawing from the contract with the Seller, including the draft of the withdrawal form that the Customer may use, are defined HERE.
- The contract may be terminated by the Customer at any time by means of a declaration submitted electronically to the Seller’s email address: [email protected] or in writing to the Seller’s mailing address. The contract is terminated with immediate effect, but the termination of the contract does not exempt the Customer from the obligation to settle the billing documents resulting from the contract (including payment to the Seller in connection with the Orders placed).
- The contract may be terminated by the Seller, maintaining a 7-day notice period.
VI. NEWSLETTER AGREEMENT(LEAD MAGNET)
- The Seller grants the possibility to conclude a Newsletter Agreement under the terms and conditions specified herein.
- Conclusion of a Newsletter Agreement shall mean delivery of free Digital Content for an indefinite period of time until the Newsletter Contract is terminated. The Newsletter shall be delivered electronically to the email address provided during the sign-up process.
- The Newsletter shall be delivered by the Seller immediately after the conclusion of the Newsletter Agreement, i.e. after providing personal data, accepting the checkbox and clicking on the send button, followed by confirmation of subscription to the Newsletter (double opt in). If the Newsletter email or Newsletter subscription confirmation email is not received immediately after signing up, the Customer should check the SPAM folder. In case of further technical problems, the Customer may contact the Customer Service.
- The Seller shall be liable for the conformity of the Newsletter with the Agreement during the entire period of its delivery. If the Newsletter is not in conformity with the Agreement, the Customer may request that it be brought into conformity with the Agreement.
- Non- conformity of the Newsletter with the Agreement shall occur if:
a) the description, type, quantity, quality, completeness, functionality, compatibility, interoperability of the Newsletter does not comply with the Agreement,
b) the Newsletter is not in the specified quantity, does not provide the durability, continuity, security, functionality, compatibility, availability which are typical for this type of Lead Magnet available on the market and which the Customer may reasonably expect given the nature of Lead Magnet and the public assurances made by the Seller,
c) The Newsletter is not suitable for a specific purpose which the Customer has informed the Seller of at the latest at the time of concluding the Agreement and which the Seller has accepted,
d) The Newsletter is not suitable for the purpose for which digital content of this type is usually used, taking into consideration applicable laws, technical standards or good practices,
e) the Newsletter does not correspond to the model or sample made available to the Customer prior to entering into the Agreement.
- Any non- conformity with the Newsletter Agreement which became apparent before the lapse of one year after the delivery of the Newsletter shall be presumed to have existed at the time of its delivery. In the case of continuous delivery of the Newsletter if the non-conformity became apparent at the time when the Newsletter was to be delivered pursuant to the Agreement, it shall be presumed that the non-conformity with the Agreement occurred at that time.
- The Customer shall be obliged to co-operate with the Seller, to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of conformity with the Agreement is not due to the characteristics of the Customer's digital environment. In the absence of cooperation, the presumptions referred to in paragraph 6 above shall not apply.
- In the case of non-conformity of the Newsletter with the Agreement, the Customer shall have a claim against the Seller to bring the Newsletter into conformity with the Agreement. The Seller may refuse to bring the Newsletter into conformity with the Agreement if bringing the Newsletter into conformity with the Agreement in the way chosen by the Customer is impossible or would require excessive costs for the Seller.
- The Seller shall bring the Newsletter into conformity with the Agreement within a reasonable time from the moment it was informed by the Customer of the lack of conformity with the Agreement and without undue inconvenience for the Customer, taking into account its nature and purpose for which it is used. The costs of bringing the Newsletter into conformity with the Agreement shall be borne by the Seller.
- Due to the fact that the Agreement for delivery of the Newsletter is free of charge, the Customer may not demand a price reduction. However, he/she may withdraw from the Agreement under the conditions described in sec. IV letter C point 7.
- For the complaint process concerning the Newsletter Agreement, the provisions of sec. IV letter C points 3-5 and 10.
- The Seller reserves the right to make changes to the Newsletter in case of e.g. change in the Newsletter strategy, direction of the Seller's business, etc.
- The Customer may terminate the Newsletter Delivery Agreement at any time without notice. To do so, it is sufficient to click on the cancellation link located in the footer of each email sent Newsletter or to make a declaration to the Seller in any form to the Seller's contact details.
- The Seller may terminate the Newsletter Delivery Agreement without notice if the Customer does not show any activity related to the Newsletter, which is understood in particular as not opening emails sent by the Seller for more than 12 months. To this end, the Seller shall send the Customer a request for the continuation of the Newsletter Agreement before giving such notice. Failure to respond to such an email or failure to open such an email within 30 days of its sending shall result in termination of the Agreement by the Seller with immediate effect.
VII. PERSONAL DATA PROTECTION
- The controller of the personal data of Customers and persons indicated by the Customers is AMOCARAT Sp. z o.o. with its headquarters in Czaniec (43-354) on ul. Królewska 1, entered into the Register of Entrepreneurs kept by the District Court in Bielsko-Biała, VIII Commercial Division of the National Court Register under KRS number: 0000754374 with a share capital of PLN 505,000.00 paid in full, NIP 9372717816, REGON: 381622700.
- Personal data is processed by the Seller in accordance with applicable law and accordingly.
- If, within the use of the Online Shop, it is permissible to provide data of third parties other than the Customer (e.g. for recommendation purposes), then the Customer enters such data only if the use of third party data is permitted by law (e.g. obtained from the person whose data the Customert is entering, the necessary consent to the use of their data in the Online Shop), and in the event of unauthorized transfer of the data in question, the Customer bears all responsibility related to the unauthorized processing of personal data.
VIII. FINAL PROVISIONS
- When using the Online Shop, the Customer is obliged to refrain from any illegal activities, in particular from using the Online Shop directly or indirectly for purposes contrary to the law, in order to violate the law, to use the Online Shop in a manner inconsistent with the Regulations, good manners or generally accepted principles of using the Internet, in a way that violates the rights of the Seller, other customers or third parties, in particular by providing false or someone else’s data, impersonating other entities or abuse of rights, as well as providing data that disrupts work, overloading IT systems or unauthorized modification of data contained in the Online Shop.
- It is forbidden to use graphic elements (including the Online Shop’s logo) of the layout and composition of the Online Shop websites (the layout), graphic elements, photos, trademarks, descriptions, and other intellectual property rights without a clear written consent of the Seller. It is forbidden to interfere with and process data and other information available in the Online Shop in order to make it available to third parties as part of other websites and outside the Internet.
B. OTHER PROVISIONS
- The Customer declares that they have the copyrights to the photos and texts published as part of the publishing of opinions about Obsessive Goods. The Customer agrees to the free citation of such materials by the Seller on his pages, in particular: blog, Facebook, Instagram, Pinterest and in the newsletter communication.
- The Seller reserves the right to:
a) change the prices and quantities of Goods in the Obsessive Shop offer (Orders placed by Customers before the price changes enter into force are executed according to the previous prices);
b) withdraw individual Goods from the Obsessive Shop’s offer;
c) carry out all kinds of promotional campaigns and sales under the conditions described in these Regulations or the regulations of promotional campaigns.
d) Change the Regulations for important technical, legal and/or organisational reasons. The amendment to the Regulations becomes effective on the date indicated by Amocarat Sp. z o.o., no less than 7 days from the moment the amended Regulations are made available on the Shop’s website. Orders placed by Customers before the entry into force of the amendments to the Regulations are implemented in accordance with the existing provisions of the Regulations.
- Settlement of any disputes arising between the Obsessive Shop and the Customert who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Obsessive Shop.
- In a case when the Customer is a natural person, legal person or an organisational unit that is not a legal person and who holds a place of residence/registered office outside the territory of Poland, the Parties agree that the legal relationship between them in connection with the Order and the concluded sales contract will be governed by the provisions of Polish law, and any dispute will be heard by the competent Polish common court, in accordance with the procedural provisions of Polish law.
- These Regulations become effective 20.10.2022 and apply to Orders concluded after this date.