The conclusion of the agreement between the Buyer and Seller can occur in two ways.
Before placing an order, The Buyer has the right to negotiate any provisions of the agreement with the Seller , including changes to the provisions of hereby agreement. Negotiations should be carried out in written form and sent to the following address of the Seller (Little Craft Planet Magdalena Tylus, ul. Mandarynkowa 2/2B, 92-777 Łódź).
TERMS AND CONDITIONS
- Postal address – name and surname or name of the institution, location (if there are streets, then specific street address with building number and flat/apartment number; if without streets – destination name and building number), zip code and location name.
- Address for filing a complaint:
Little Craft Planet Magdalena Tylus
ul. Mandarynkowa 2/2B
- Shipping costs – an overview of the available methods of shipping and the costs can be found at handlewithcare.pl/dostawa
- Contact details:
Little Craft Planet Magdalena Tylus
ul. Mandarynkowa 2/2B
e-mail address: email@example.com
phone number: 531-702-785
- Delivery – type of transport service which includes determining the specific delivery company and the cost mentioned in the shipping costs which can be found at handlewithcare.pl/dostawa
- Proof of purchase – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.
- Product site – a single subpage of the shop which includes information about a single product.
- Customer – an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality and having the capacity to perform legal acts, which makes a purchase from the Seller. The purchase is directly related to the Seller's business or professional activity.
- Civil code – Civil Code Act of 23 April 1964 year as amended.
- Code of Good Practice – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Combating Unfair Commerical Practices of August 23, 2007, as amended.
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller. The purchase is not directly related to the Seller's business or professional activity.
- Shopping cart – a list of products made up from the products available in the shop; the list is made on the basis of Buyer's choices.
- Buyer – both Consumer and Customer.
- Delivery address – postal address or collection point indicated in the order by the Buyer.
- Time of delivery – the time when the Buyer or a third party indicated by them comes into possession of the purchase.
- ODR (Online Dispute Resolution) Platform – a EU based website set up a as a result of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for the resolution of consumer disputes and amendments to Regulation (EC) No 2006/2004 and Directive 2009/22 / EC; the platform is available at https://webgate.ec.europa.eu/odr
- Payment – method of payment for the subject of agreement and for its delivery listed at handlewithcare.pl/content/1-wysylka-i-platnosc
- Authorized entity – entity authorised to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended.
- Consumer Law – Consumer Rights Act of May 30, 2014.
- Product – minimum and indivisible quantity of things which can be the subject of order and which is provided in the Seller's shop as a unit of measure in determining its price (price per unit).
- Subject of the agreement – products and delivery which are subject of the agreement.
- Subject of the obligation – subject of the agreement.
- Collection point – a place where the order is released, which is not a postal address; it is available in the list provided by the Buyer in the shop.
- Office for Competition and Consumer Protection Register – a register of authorised entities which is kept by the Office for Competition and Consumer Protection pursuant to the Act on Out-of-court resolution of consumer disputed of September 23, 2016, as amended; the register is available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
- Thing – a movable object which can be subject of the agreement.
- Shop – an Internet service available at handlewithcare.pl where the Buyer can place an order.
- The Seller:
Little Craft Planet Magdalena Tylus
ul. Mandarynkowa 2/2B
NIP: 726-232-07-61, REGON: 366487553, GIODO: 564104
registered and visible in the CEIDG register at :
BANK ACCOUNT: 97 1140 2004 0000 3702 7667 0695
- System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunication networks, using the end device appropriate for a given type of network, commonly referred to as the Internet.
- Delivery date – the number of hours of working days listed in the product tab.
- Agreement– an agreement concluded outside the business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and a purchase agreement within the meaning of Article 535 Civil Code Act of 23 April 1964 year in the case of Buyers.
- Defect – both physical defect and legal defect.
- Physical defect – non-compliance of the item sold with the agreement, in particular if the item:
- does not have properties that this item should have due to the purpose indicated in the agreement or resulting from the circumstances or purpose;
- does not have the properties that the Buyer guaranteed to the Consumer,
- is not suitable for the purpose which the Consumer informed the Seller about at the conclusion of the agreement; the Seller did not object to such purpose of the item;
- was provided to the Consumer in an incomplete form;
- was improperly installed and commissioned, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
- does not have the properties as provided by the manufacturer or his representative or the person who places the product in the market as part of their business and a person who, by placing their name, trade mark or other distinctive sign on the item sold, presents himself as the producer, unless the Seller did not know these assurances or, judiciously, could not know or could not affect the Consumer's decision to conclude the agreement or if their content was corrected before the conclusion of the agreement.
- Legal defect – when the sold item is the property of a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of the item results from the decision or ruling of the competent authority.
- Purchase – Buyer's declaration of intent made through the shop which clearly specifies: the type and quantity of products; type of delivery; payment method; delivery address, details of the Buyer and aiming directly at concluding an agreement between the Buyer and the Seller.
§2 General terms and conditions
- Agreement is concluded in the Polish language, in accordance with the Polish law and the terms and conditions hereby.
- Delivery address must be specified within the territory of the Republic of Poland
- The Seller is obliged and undertakes to provide services and items which are free from defects.
- All prices quoted by the Seller are provided in the Polish currency and are gross prices (with value added tax). The prices of the products do not include the costs of delivery which is specified in the shipping costs.
- All dates are calculated in accordance with Article 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day in which the event occurred.
- Confirmation, disclosure, consolidation, protection of all essential provisions the agreement in order to receive access to this information at any point in the future may occur in the form of:
- confirmation of the order which includes the following elements which are sent to the provided email address: order details, pro forma invoice, information about the right to withdraw from the agreement, the present terms and conditions in the form of a PDF file, PDF file with a form for agreement withdrawal, links where terms and conditions can be downloaded, as well a form for agreement withdrawal;
- attachment of the following documents to the processed order sent to the indicated delivery address: proof of purchase, information about the right to withdraw from the agreement, present terms and conditions, an agreement withdrawal form.
- The Seller provides informationabout the guarantees granted to him by third parties for the products available in the shop.
- The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the agreement she/he concluded with a third party providing for him a specific service enabling communication at a distance.
- The Seller provides the proper functioning of the shop to the Buyer using the website in the following web browser: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest versions of JAVA and FLASH installed; the proper functioning is also assured for users with screens of horizontal resolution above 1024 px. Using third-party software that affects the operation and functionality of these browsers (Internet Explorer, FireFox, Opera, Chrome, Safari) may have an impact on the proper functioning of the shop, so in order to get the full functionality of thandlewithcare.pl, please turn them off.
- The Buyer may use the option of remembering his data by the shop in order to improve the process of placing another order. For this purpose, the Buyer should provide a login and password necessary to access his account. Login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The Buyer has the right to view, correct and update the data, as well as to delete the account at any time.
- The Seller applies to the code of good practice.
- The Buyer is obliged to:
- not supplying and forwarding any content which is prohibited by the law, e.g. content promoting violence, defamatory or infringing personal rights or other rights of third parties,
- use the shop in a way that does affect its functioning, particularly by using specific software and devices,
- not to send or upload to the shop any unsolicited commercial communication (spam),
- use the shop in a way that does not cause any inconvenience to other Buyers and the Seller,
- use any content posted in the shop only for personal use,
- use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the terms and conditions, as well as the general principles of netiquette.
§3 Conclusion of the agreement and its implementation
- Orders can be placed 24/7.
- To place an order, the Buyer should at least perform the following actions, some of which may be repeated many times:
- adding product to the shopping cart;
- choosing delivery;
- choosing a payment method;
- selection of delivery address;
- placing anorder in the shop by using the button "I order with the obligation to pay".
- The conclusion of the agreement with the Consumer follows upon the order placement.
- Execution of the Consumer's order for cash on delivery takes place immediately, and for orders paid by bank transfer or via the electronic payment system, it takes place after posting the Consumer's payment on the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the payment with no fault of their own and informed the Seller about such state.
- The conclusion of the agreement with the Customer takes place when the order is accepted by the Seller, on which he informs the Customer within 48 hours of placing the order.
- Execution of the Client's order for cash on delivery takes place immediately after the conclusion of the agreement, and for orders paid by bank transfer or via the electronic payment system, it takes place after the conclusion of agreement and posting the Client's payment on the Seller's account.
- The Customer's order execution may depend on the payment of the whole value or part of the value of the order or on the fact of obtaining the credit limit of at least the value of the order or on the Seller's consent for sending the order with payment upon delivery.
- Sending the subject of the agreemetn takes place on the date specified in the product card, and for orders with many products in the longest period of time specified on the product cards. The period starts from the moment the order is processed.
- The purchased subject of the agreement, together with the purchase document selected by the Buyer, is sent to the delivery address specified by the Buyer by the type of delivery selected by the Buyer. The delivery includes attachments specified in §2 item 6b.
§4 The right to withdraw from the agreement
- The Consumer is entitled, pursuant to article 27 of the Consumer Law, to the right to withdraw from a distance agreement, without giving a reason and without incurring any costs, except for the costs specified in articles 33 and 34 of Consumer Law.
- A deadline for withdrawing from the distance agreement is 14 days from moment products are released. It is sufficient to send the declaration of withdrawal before the end of the deadline to maintain it.
- The Consumer may submit a declaration of withdrawal from the contract on a form, the model of which is attached as Annex 2 to the Consumer Law, as well as on the form available at handlewithcare.pl/formularz-zwrotu or in another form consistent with the Consumer Law.
- The Seller will immediately confirm to the Consumer by e-mail (provided at the conclusion of the agreement and another, if provided by the Consumer) the receipt of a declaration of withdrawal from the agreement.
- In case of withdrawal from the agreement, the agreement is considered to be void.
- The Consumer is obliged to return the product(s) from the order to the Buyer immediately, but not later than 14 days from the date of agreement withdrawal. To meet the dates, it is sufficient to return the products before the deadline.
- The Consumer shall return the products which are subject to the agreement at their own expense.
- The Consumer does not bear the costs of providing digital content that is not recorded on a durable medium, if they did not agree to the service before the deadline to withdraw from the agreement or if they were notinformed about the loss of their right to withdraw from the agreement at the time of such consent or if the entrepreneur did not provide the confirmation in accordance with article 15 section 1 and article 21 section 1 of Consumer Law.
- The Consumer is liable for a decrease in the value of the object being the subject of the agreement which is a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the thing.
- The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the agreement submitted by the Consumer, return to the Consumer all payments made by them, including costs of delivering the order to the Consumer, and if the Consumer chose a delivery method other than the cheapest usual delivery method offered,the Seller shall not reimburse the Consumer for any additional costs in accordance with Article 33 of the Consumer Law.
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different payment method which will not in any additional costs for them.
- The Seller may withhold the return of payment received from the Consumer until the product is returned or until the Consumer provides a proof of return, depending on which event occurs first.
- In accordance to article 38 of the Consumer Law,the Consumer is not entitled to agreement withdrawal in the following situations:
- if the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may happen before the expiration of agreement withdrawal deadline;
- if the subject of the agreement is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
- if the subject of the agreement is an item subject to rapid deterioration or having a short shelf-life;
- ifthe subject of the agreement is an item delivered in a sealed package which was opened aftery delivery – after opening the packaging cannot be returned due to health protection or hygiene reasons;
- if the subject of the agreement includes items that after delivery, due to their nature, are inseparably connected with other things;
- if the subject of the agreement includes sound or visual recordings or computer software delivered in sealed packaging which was opened after delivery;
- if the subject of the agreement is digital content that is not recorded on a physical medium and if the processing of the order began with the explicit consent of <1>the Consumer before the deadline for agreement withdrawal and after informing the entrepreneur about losing the right to withdraw from the agreements;
- if the agreement involves supplying newspapers, periodicals or magazines, with the exception of the subscription agreement.
- The Seller on the basis of article 558 §1 of the Civil Code completely excludes liability towards Customers due to physical and legal defects (warranty).
- The Seller is liable for defects (warranty) to the Consumer on the terms set out in article 556 of the Civil Code and subsequent ones.
- In the case of a agreement with the Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time when the danger was passed on to the Consumer.
- If any item from the order has a defect, the Consumer may:
- request a price reduction;
- make a statement of withdrawal from the agreement;
unless the Seller immediately and without undue inconvenience for the Consumer will replace the defective thing for free from defects orwill remove the defect. However, if the thing was already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to exchange things for free from defects or to remove the defect, <0>the Seller is not entitled to another replacement or defect removal.
- The Consumer, instead of the defect removal proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing the item, demand removal of the defect, unless bringing things to compliance with the agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, however the cost of item free of defects is taken into account when assessing the cost overruns, as well as the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise be exposed.
- The Consumer may not withdraw from the agreement if the defect is irrelevant.
- If any item from the order has a defect, the Consumer may also:
- request to receive an item from from defects;
- request to have the defect removed.
- The Seller is obliged to replace the defective item with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Consumer
- The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the agreement in the manner chosen by <1>the Buyer or would require excessive costs in comparison with the second possible way to bring it into compliance with the agreement.
- If the defective item has been installed, the Consumer may demand from the Seller the disassembly and reassembly after replacement with a new defect-free item or removal of the defect, however, they are obliged to bear some of the related costs exceeding the price of the sold item or may demand from the Seller to pay part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorised to perform these actions at the expense and risk of the Seller.
- The Consumer, who exercises the rights under the warranty, is obliged to provide the defective item at the expense of the Seller to the warranty address. If due to the type of item or the method of its installation, the delivery of things by the Consumer would be excessively difficult, the Consumer is obliged to provide the Seller with the place in which thing is. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorised to return the item at the expense and risk of the Seller.
- The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
- The Seller is obliged to accepta faulty item from the Consumer in the event of replacing the item with a non-defective one or when withdrawing from the agreement.
- Within 14 days, the Seller will respond to the request about price reduction, request about replacing the item with a defect-free one and request to remove the defect with reference to article 562 of the Civil Code. The Seller will respond to every other claim made by the Consumer within thirty days (article 7a of the Consumer Law) if the period of 14 days specified in the Civil Code does not apply to it.
Otherwise, it is understood that the Consumer's statement or demand is considered as justified.
- The Seller is liable under the warranty that if the physical defect is found before the expiration of two years from the date of delivery of the item to the Consumer and if the subject of agreement is used for less than a year before the date of delivery to the Consumer.
- The Consumer's claim to remove the defect or exchange the item sold for defect-free one expires after one year from the date of finding the defect, however, not earlier than within two years from the moment the Consumer receives the item, and if the subject of agreement is used for less than one year from the moment the Consume receives the item.
- If te expiry date specified by the Seller or the manufacturer ends after two years from the delivery of the item to the Consumer, the Seller is responsible for any physical defects of this item found before the expiration of that period.
- Within the time limits specified in §5 points 15 to 17, the Consumer may submit a declaration of withdrawal from the agreement or request for price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item for defect-free one or removal of the defect, the deadline for submitting a statement of withdrawal from the agreement or price reduction request begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights under this warranty, which the Consumer is liable for, is suspended until the final conclusion of the proceedings. This also applies to mediation proceedings, however the time limit for exercising other rights under the warranty begins at the date of refusal by the court to approve the settlement concluded before the mediator or to approve the ineffective termination of mediation.
- To exercise the rights under the warranty for legal defects of the sold item, points 15 to 16 of paragraph 5 shall apply, with the exception that the time for exercising the rights starts from the day on which the Consumer learned about the defect, and, if the Consumer learned of the defect only as a result of third-party proceedings, from the date on which the decision issued in a dispute with a third party became final.
- If the Consumer has made a declaration of agreement withdrawal or a request for price reduction as a result of locating a defect in the item, they may demand compensation for the damage suffered because he entered into a contract without knowing about the defect, even if the damage was due to circumstances for which the Seller is not liable. In particular, the Consumer may demand reimbursement of the costs of concluding the agreement, costs of collecting, transporting, storing and insuring the item, as well as reimbursement of the expenses incurred which were not covered by another financial benefits and not reimbursed by a third party; as well as any reimbursement of the lawsuit costs. This does not affect the general rules of the obligation to redress the damage.
- The expiration of any period for locating a defect does not exclude the exercise of rights under the warranty if the Seller has delibarately concealed the defect.
- Ifthe Selleris obliged to any services, including finanacial ones, to the Consumer, these shall be performed without undue delay, no later than the period provided for by law.
- The administrator of the personal databases provided by the Consumers of the shop is the Seller.
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. By giving his personal details to the Seller when placing the order, The Buyer agrees to processing of the details by the Seller to complete the order. The Buyer has the right to view, correct and update the data, as well as to delete them at any time.
§7 Final provisions
- None of the provisions of these regulations are intended to infringe the Buyer's rights. It cannot be also interpreted in this way, because in the event of any incompatibility of any part of the terms and conditions with applicable law, the Seller declares unconditional subordination and application of this right in place of the challenged provision of the terms and conditions.
- Any changes to the terms and conditions will be sent via email (to the address provided when registering or placing an order) to the registered Buyers. Notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced in order to adjust the regulations to the applicable legal status.
- The current version of terms and conditions is available for the Buyer at handlewithcare.pl/content/3-regulamin. During the processing of the order and throughout the after-sales support period, all provisions of terms and conditions, which were accepted when placing an order, apply to the Buyer. This does not apply to the situation when the Consumer considers the new provisions to be less favorable than the previous ones and informs the Seller of their choice as the binding one.
- In matters not covered by these terms and conditions, the applicable legal provisions shall apply. If the Consumer expresses such will, any points of dispute will be solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or before the arbitration process at the Provincial Inspectorate of Trade Inspection. The Consumer can also take advantage of other equivalent and legal methods of pre-litigation or out-of-court dispute resolution, e.g. via ODR platform or by choosing any other authorised entity which can be found in the Office for Competition and Consumer Protection Register. The Seller declares the intention and agrees to possible out-of-court resolution of the consumer dispute.
As a last resort, the matter is settled by the locally and materially competent court.
Version 13.3 (Łódź, January 10, 2017)