TERMS AND CONDITIONS OF THE ONLINE STORE
The owner of an online store under the domain of dreamercradle.co.uk is Synapsa Med sp. z o.o. with its registered office at Wrocławska 7, 55-220 Jelcz-Laskowice registered in the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Department of the National Court Register under the number KRS 451243, NIP: 8971787892, telephone number and e-mail: email@example.com hereinafter referred to as “Seller” or ” Seller”. The seller carries out commercial activities in the field of sales of custom-made medical devices.
The terms used in the Regulations mean:
- TERMS AND CONDITIONS OF THE ONLINE STORE 1 z 1 Context:User – means a natural person with full legal capacity (a capacitated person), a natural person with limited legal capacity (a person over 13 years of age or is partially incapacitated) acting with the prior consent of its legal representative (e.g. parent), legal person, organizational unit not a legal person whose law confers legal capacity, which adequately acquires or intends to purchase goods from the Store or who uses or intends to use the “My Account” service and services provided by the Seller through an electronic and electronic service. Obsługa czytników ekranu włączona. User – means a natural person with full legal capacity (a capacitated person), a natural person with limited legal capacity (a person over 13 years of age or is partially incapacitated) acting with the prior consent of its legal representative (e.g. parent), legal person, organizational unit not a legal person whose law confers legal capacity, which adequately acquires or intends to purchase goods from the Store or who uses or intends to use the “My Account” service and services provided by the Seller through an electronic and electronic service.
- Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the legal capacity to make a related purchase with the Seller directly with its economic or professional activities.
- Buyer – both consumer and customer.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Shop.
- Code of Good Practice – a set of rules of conduct, and in particular the ethical and professional standards referred to in Article 10. 2 point 5 of the Unfair Market Practices Act of 23 August 2007, as amended.
- REGISTRATION FORM – form available in the Online Store which enables creating an Account.
- ORDER FORM – Electronic service, an interactive form available on the Site of the Online Store that enables submitting orders, in particular by adding Products to the electronic cart, and determining the conditions of the Contract of Sale, including payment and method of delivery.
- My Account/User Account – an individual panel for each User launched on his behalf by the Seller, after the User has made a Registration, under which the Store provides services for Buyers, in order to facilitate the conclusion of a distance selling contract and contact the Store, settle the contract, allow the User to plan purchases and track selected goods.
- Shopping cart means an interactive form available on the website dreamercradle.co.uk used to contact the Store and allow the Buyer to make an offer of purchase.
- Contact details means:
- for natural persons: name, surname, permanent residence address, mailing address – if different from check-in address, e-mail address, contact telephone. If the service you order relates to the business activity you are doing, the contact details of the natural person also include the physical person’s contact details and tax identification number (Tax Identification Number(ID);
- in the case of legal persons or an organizational unit which is not a legal person, whose law confers legal capacity: name, registered office, mailing address, tax identification number (Tax Identification Number (Tax Identification Number ), e-mail address, contact telephone.
- Regulations – these Regulations are for the provision of electronic services as part of the ACAUTO online store dreamercradle.co.uk
- Online Store (e-Store or Store) – a website available at dreamercradle.co.uk through which the Buyer may in particular place Orders.
- Goods / Product – things that are sold in the store and may be the subject of the order by the Buyer.
- Delivery – the type of transport service together with the determination of the carrier and delivery costs given each time to the Buyer’s information when placing the order.
- Realization time – the number of hours or working days indicated on the product card. Working days – days from Monday to Friday, excluding public holidays on those days.
- Supplier – the entity that supplies the Goods.
- Sales agreement – a contract for the sale of Goods or Services within the meaning of the Civil Code, concluded between the Seller and the Buyer.
- Order – a Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods.
- These Terms and Conditions define the rules for the use of the e-Shop available at dreamercradle.co.uk and sets out the terms and conditions for the provision of free services provided electronically by the Seller.
- The Terms and Conditions of Use apply to both consumers and entrepreneurs who use the Online Store
- All rights to the Online Service, including copyrights, intellectual property rights to its name, the Internet domain, the Online Service Website, as well as patterns, forms, logos belong to the Service Provider, and using them can take place only in the manner specified and in accordance with the Regulations.
- Those rules shall, in particular, lay down:
- rules for registering and using an account as part of an online store;
- terms and conditions for submitting Orders via email as part of an online store;
- rules for concluding the Agreement for the sale of products using services provided within the Store;
- technical requirements necessary to cooperate with the IT system (personal computer, laptop, etc.) used by the Buyer,
- complaint procedure.
- Buyers may access these Terms at any time via the link on the dreamercradle.co.uk Store’s home page and download it and print it out.
- Confirmation of the relevant provisions of the sales agreement concluded between the Seller and the Buyer shall be made by sending the Buyer information to the e-mail address provided, as well as in traditional form by attaching a printout of the confirmation of the conclusion contract for the shipment containing the ordered goods, possible documentation and vat invoice issued at the buyer’s request.
- The condition for using the services provided by the Store is to read the description of the service, terms and conditions, price list, as well as all provisions of these Terms and Conditions made available on the Store’s website.
- The offer presented on the e-Store website as well as the descriptions of the goods are only an invitation to tender and not an offer within the meaning of the Civil Code. Binding character – for the purpose of entering into a specific contract – only gained after confirmation of acceptance of the order for execution by the Seller.
Technical requirements and Cookies
- In order to use the Online Store, the Buyer should have access to the computer station or terminal equipment at his disposal:
- internet access;
- properly configured with any web browser;
- active and properly configured email account.
- e-Store allows you to order services using publicly available software, in the form of web browsers that accept cookies, e.g. FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or newer, Internet Explorer version 7 or later, and Safari.
- The Store with the prior consent of the buyer, user or their representative stores on their computer cookies that are necessary: to conclude a distance selling contract, to perform it and provide the “My Account” service and to facilitate the User and the Buyer to use the Store website by maintaining the session (which makes it unnecessary to re-enter your password) and create statistics on the viewership of the pages.
- The Customer may delete the cookies placed at any time or block the placement of cookies using the options available in his web browser.
Registration in the e-Store and creating a User Account
- In order to create a User Account, the Buyer makes a free registration.
- Registration takes place by filling in the registration form, made available in the “Register” section.
- In order to register, the User must complete the registration form provided by the Service Provider on the Online Service Website, and send the completed registration form electronically to the Service Provider by selecting the appropriate functions contained in the registration form.
- While completing the registration form, the User has an opportunity to review the Regulations, accepting its contents by marking the appropriate box on the form.
- Registration in the Online Store, as well as the use of the functionality of the Online Store are free of charge.
- By registering, an Account is created in which the data and information about the Buyer are collected. The provision of services within the Account is of an indefinite nature.
- Once the completed registration form is sent, the User shall promptly receive confirmation from the Service Provider electronically to the email address provided on the registration form. At this time, a contract for the provision of an electronic service of running a User Account is concluded, and the Buyer is given the opportunity to access the User Account and make changes provided during the Registration of data, with the exception of login.
- The “My Account” service has been provided since the account was activated.
- Access to your account is password protected by access. The user makes a choice of password.
- You may terminate your contract for the provision of “My Account” service at any time with immediate effect without giving a reason by deleting your account. To delete your account, simply send an email to the Seller’s address requesting that it be deleted.
- This does not apply to situations in which the Seller is in the process of executing an order placed by the Buyer. In this case, the effect of the termination of the contract will take place once the contract in question has been fulfilled.
- The Seller may terminate the contract for the provision of the “My Account” service in the event of a violation by the User of the provisions of these terms and conditions. Termination is made by e-mail sent to the e-mail address indicated by the User in the account settings.
- Through the Online Store, both registered and accounted for buyers and unregistered Buyers can make purchases.
- The conclusion of the Sales Agreement between the Buyer and the Seller takes place after the Buyer has placed the Order by the Buyer using the Order Form in the Online Store.
- The Electronic Order Service is provided free of charge by the Seller and is one-off and terminates when the Order is placed or upon prior cessation of the placing of the Order by the Buyer.
- When placing an order, the Buyer is obliged to provide correct contact and personal information.
- Before entering into a contract, the Buyer can check the availability of selected products. Information about availability can be found in the description of each product.
- The buyer has the option to familiarize themselves with the photographs of the goods made available on the store’s website and the descriptions placed next to them.
- The buyer to place the Order starts the shopping cart by clicking on the selected items in the “add to cart” command and then in the order panel determines the quantity of items of the item purchased.
- At its own choice, the Buyer can return to the item selection panel to add more goods to the shopping cart, remove the selected goods (“delete”) or open the payment and delivery panel (next command) where the method of delivery and the form of payment are specified.
- When you click “next” the Buyer is transferred to the delivery address panel where in the relevant boxes he gives contact details in order to enable the conclusion of the contract and its implementation.
- The buyer should also read these terms and conditions and accept it, confirming the relevant statement.
- While placing the Order – until the button confirming the submission of the Order is pressed – the Customer has the ability to modify the entered data as well as the selection of the Goods. In order to do this, follow the messages displayed to the Customer as well as information available on the website.
- Each time before sending the order to the Seller, the User is informed about the total price for the selected Goods and Delivery, as well as all additional costs that he is obliged to incur in connection with the short-circuit of the sales contract.
- Placing an order by the Buyer means placing an offer to the Seller to conclude a contract of sale (purchase) of the ordered goods by the Buyer.
- After placing the order, an electronic confirmation of receipt by the Seller of the placed order with a summary will be sent to the e-mail address provided by the Buyer.
- The summary of the order will contain the following information:
- store details including the exact mailing address, e-mail address and telephone number;
- the unit price and the total price of all products;
- order price = total price of the products + contract performance costs (incl. payments and deliveries);
- the form of delivery , including the period within which the delivery takes place and if there are any restrictions on the supply. delivery e.g. weight or location;
- information on the right of withdrawal without giving a reason within 14 days;
- information about the right to the warranty;
- The sales contract is in Polish.
- The buyer can place orders at the la-lalla.pl online store through the website, 7 days a week, 24 hours a day.
Prices and payment methods
- The prices quoted in the e-Shop are expressed in Euro and include VAT[JD1] . The seller allows the purchase of goods in other currencies.
- Product prices do not include delivery costs.
- Information on the total value of the order is always presented in the Shopping Cart after the Buyer has selected the delivery method of the order item and the method of payment.
- The buyer has the option to choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case, the execution of the order will be started after the Seller has sent the Buyer a confirmation of acceptance of the order and after the funds have been credited to the Seller’s bank account);
- bank transfer through the external payment system PayPal, PayU (the execution of the order will take place after the Seller receives information from the payment system by the Customer).
- payment by card to the Seller’s bank account (in this case, the execution of the order will begin after the Seller has sent the Buyer a confirmation of acceptance of the order and after receipt of funds to the Seller’s bank account).
- cash on delivery, payment of the Supplier when making the Delivery (in this case, the execution of the order will be started after the Seller has sent the Buyer a confirmation of acceptance of the order).
- In the event that the Customer fails to comply with the payment within the time limit specified in the order, the Seller sets an additional deadline for payment to the Customer and informs the Customer about it on the Durable Medium. In the event of an ineffective expiry of the second period for payment, the Seller will send the Customer on the Durable Medium a declaration of withdrawal pursuant to Art. 491 of the Polish civil code.
Order fulfillment and delivery
- The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
- The order is carried out on working days from Monday to Friday.
- Orders placed on public holidays shall be treated as placed on the first business day following the date of placing the order.
- When describing each item, there is a shipping time notice which specifies the estimated time from placing the order until the package is submitted for transport. A package with ordered products is sent when all selected items are available.
- The time of execution of the order starts its course at the time of the transfer of the Seller all the details necessary for the execution of the order, i.e. confirmation of the size, color of the purchased products, delivery address, payment method (in case of payment to the account, the date of posting of the deposit in the indicated bank account) and the selected means of transport.
- The shipping cost is borne by the Buyer.
- In certain cases, the delivery fee for the ordered goods may be passed on in whole or in part to the Seller.
- If the Customer prefers to place an order to be delivered outside the Republic of Poland, the Customer should contact the Seller in order to individually determine the conditions for the execution of such order, including particularly the cost of supplying the products covered by such an order.
- Delivery of purchased products is carried out by sending the Goods using the selected option of the carrier, to the address of the Buyer provided in the order form.
- The seller is responsible for the risk of accidental loss or damage of the goods until the consumer receives it.
- In case of unjustified refusal of receipt of the shipment by the Buyer, who is the Consumer and does not use the possibility of withdrawal from the contract within 14 days from the date of refusal of receipt of the shipment, the Seller has the right to charge the Buyer the costs of the shipment and return to the sender. If an unjustified refusal to accept a parcel is made by an entity other than a Consumer, the Seller may charge it in any case with the shipping costs.
Complaints related to Orders
- The seller pursuant to art. 558 § 1 of the Civil Code completely excludes liability to Clients for physical and legal defects (warranty).
- In the event of defects or incompatibilities of the Goods with the offer, the Consumer is entitled to claim the Goods by notifying the Seller and making a declaration of intent in any form, in particular:
- in writing to the following address: Synapsa Med sp. z o.o. ul. Wrocławska 7 55-220, Jelcz-Laskowice
- by e-mail to: firstname.lastname@example.org
The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of the complaint made without the recommended description of the complaint. A complaint must contain the following information:
- first and last name;
- mailing address, as well as e-mail address and telephone number;
- the subject of complaints;
- the reason for the complaint.
- request for the diagnosis of complaints;
- signature (hand-written signature in case of complaint by post).
- In the case of a contract with a consumer if a physical defect has been found within one year from the date of delivery of goods, it is assumed that it existed at the time
- The consumer, if the item sold has a defect, may:
- make a statement about the request to reduce prices;
- make a declaration of withdrawal, unless the Seller immediately and without undue inconvenience to the Consumer mentions a defective item to a defect-free or defect-free.
- The consumer may instead, proposed by the Seller to remove defects, require the exchange of things free from defects or instead of replacing things require removal of defects, unless bringing things into conformity with the contract in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby the assessment of these costs are taken into account value of the goods free of defects, the nature and importance of the defects, and also takes into account the inconvenience to which subject the Consumer otherwise meets.
- The consumer can not withdraw from the contract if the defect is irrelevant.
- The consumer, if the item sold has a defect, can also:
- exchange a defective thing for a thing free of defects,
- request the removal of the defect.
- The seller is obliged to replace the defective thing as free from defects or rectify the defect within a reasonable time without undue inconvenience to the consumer.
- The seller may refuse the request consumer redress, if brought into conformity with the contract, of things flawed in a manner chosen by the buyer, is impossible or in comparison with other possible ways to enforce compliance with the agreement, would require excessive costs.
- The consumer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the complaint address, and if, due to the type of item or the way it was fitted, the delivery of the item by the Consumer would be excessively difficult.
- The consumer is obliged to receive from the seller the item available where the item is located. In the event of default by the Seller obligation, the consumer is entitled to return the goods at the expense and risk of the Seller.
- The costs of replacement or repair shall be borne by the Seller.
- The Seller shall be obliged to accept from the Consumer defective things, when replacing things free from defects or withdrawal.
- The seller shall, within fourteen days, respond to the Consumer’s requests. Otherwise, the request is accepted by the seller that the consumer’s request is legitimate.
- The seller shall be liable for warranty if the physical defect is found within two years of the date of delivery of the goods to the Consumer, and if the subject of sale is the item used before the end of one year from the moment of the shipment of the goods to the Consumer.
- If, due to defects in consumer goods, the consumer made a statement of withdrawal or reduction of the price, he may claim compensation for the injury suffered by being awarded the contract, not knowing about the existence of defects, even if the damage was the consequence of circumstances for which the Seller can not be held responsibility, in particular, may request reimbursement contract, the cost of pick up, transport, storage and insurance of goods, reimbursement of expenses to the extent in which they did not refer to their advantage, and has not received reimbursement from a third party and the reimbursement process. This is without prejudice to the provisions of the obligation to repair the damage on general principles.
- The consumer also has the opportunity to use out-of-court methods of dealing with complaints and redress such as: Mediation at provincial inspectorates of trade inspection, Permanent Amicable Consumer Courts, Consumer Advocates, Ngos.
- Details of the possibility for the Consumer Buyer to use out-of-court means of resolving complaints and pursuing their claims and the rules for access to amicable dispute resolution procedures are available at the premises and on the websites of district (municipal) consumer advocates, social organizations, for which the protection of consumers, provincial inspectorates of trade inspection, as well as in Office of Competition and Consumer Protection with its registered office in Warsaw.
- Jeżeli If the buyer is the Consumer, any dispute arising under the Store’s terms and conditions or sales agreements may also be settled by the online platform http://ec.europa.eu/consumers/odr/
- Warranty complaints are considered in accordance with the terms of the warranty, if any, for the Goods.
- Warranty rights and rights granted to the Consumer from the Seller under warranty are independent rights.
Entitlement to withdraw from the Sales Agreement
- The right of withdrawal from the distance contract is not vested in the Consumer m.in. in respect of contracts the subject of which is un -prefabricated goods, manufactured according to the Consumer’s specifications or to meet his individualised needs.
- The right of withdrawal from a distance contract is also not vested in the Consumer in relation to service contracts, if the Seller has fully provided the service with the express consent of the consumer who was informed before the start of the provision, that after performance by the Seller will lose the right to withdraw from the contract.
- The right of withdrawal is excluded from the contract in respect of clients.
- Subject to the provisions of point 10 1 to 2 of these Regulations, the Buyer who is a Consumer who has concluded a Distance Sale Agreement may withdraw from it within 14 days without giving a reason.
- In the case of withdrawal from a distance agreement, the agreement is considered annulled. The services rendered by the Parties are returned in an unchanged form.
- The deadline for withdrawal from the Sales Agreement expires after 14 days from the date on which the Consumer took possession of the Goods or from the date of receipt by the Consumer of the last part of the completed order – if the order is executed in parts.
- To comply with the deadline, it is sufficient to notify the Seller in oral, written or means otherwise chosen by the Consumer of the declaration of withdrawal before the expiry of the time before it has expired.
- The consumer may use the following model form of withdrawal from the Sales Agreement, however, this is not mandatory.
- Model form.pdf
- If the Consumer avails himself of the option to inform the Seller of withdrawal from the Sales Contract by email or other form of electronic communication, the Seller will send the Buyer immediately a confirmation of receipt of information about the withdrawal from the Sales Agreement on a durable medium (for example, by email).
- No later than 14 days from the date of the withdrawal declaration or with this declaration, the Consumer delivers or sends the purchased goods to the Address of the Store in the unchanged state, unless the change was necessary within the limits of the ordinary management.
- The consumer bears no costs for exercising his right of withdrawal, except for the direct costs of returning the goods back to the Store.
- If the returned goods are incomplete or bear traces of use, going beyond the usual management thing, the Consumer is responsible for reducing the value of the goods.
- The Seller shall immediately, no later than 14 days after receipt of the consumer’s declaration of withdrawal, make a refund using the same payment methods as the Consumer used in the original transaction, unless the Consumer has expressly agreed to another solution; in any case, the Consumer will not incur any fees in connection with the refund made.
- Within 14 days of receipt by the Seller of the Consumer’s declaration of withdrawal from the contract, the Seller is obliged to reimburse the Consumer all payments made by him, including the cost of delivery of the item. This does not apply to the cost of returning the goods back to the Store.
- If the Seller has not suggested that he will collect the Product from the consumer by himself, he may withhold the reimbursement payments received from the consumer to the date of receiving the Product back, or until the consumer has supplied evidence of its return, depending on which event occurs first.
- If the Consumer has chosen a way to provide the cheapest and other than normal delivery offered by the Service Provider, the Service Provider is not obliged to reimburse the Consumer the additional costs incurred.
- If the contract was concluded outside the premises of the business and the item was delivered to the consumer to the place where he resided at the time of the conclusion of the contract, the seller is obliged to collect the goods at his own expense when, by reason of the nature of the goods, it cannot be returned as usual by post.
- If, at the express request of the consumer, the performance of the service is to begin before the expiry of the withdrawal period, the seller shall require the consumer to make an express statement containing such request. Where the consumer exercises the right of withdrawal after notification of the adeno. the requester is obliged to pay for the services fulfilled until the withdrawal from the contract.
- The amount of the payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the contract. The amount payable shall be calculated in proportion to the extent of the services provided, including the price or remuneration stipulated in the contract. If the price or remuneration proves excessive, the calculation of the amount payable shall be based on the market value of the service provided.
- The right of withdrawal is not available in the case of provision by the Seller:
- un-prefabricated items produced according to the specifications submitted by the consumer or to meet his individualised needs;
- which, after opening the package, cannot be returned for health or hygiene reasons if the packaging has been opened after delivery,
- when the subject of the agreement is a product, which after delivery, because of is nature, is inextricably connected to other things,
- The Seller provides free services to buyers, by electronic means such as: Form, Newsletter, User Account Keeping.
- Services are provided 7 days a week, 24 hours a day.
- The Newsletter service can be used by any Buyer who agrees separately to receive commercial information and to enter his email address using the registration form provided by the Seller on the Website Online Store. Once the completed registration form is sent, the User shall promptly receive confirmation from the Service Provider electronically to the email address provided in the registration form. From that moment the contract is concluded for the provision of electronic Newsletter service.
- Each Newsletter contains information about the possibility and how to opt out of the free Newsletter service.
- The User can resign from receiving the Newsletter at any moment, by unregistering from the subscription via the link stated in each email sent with the Newsletter service or through activation of the corresponding field in the User Account.
- The controller of the personal data of buyers provided voluntarily to the Seller as part of the Registration, placing a one-time order and as part of the provision by the Seller of services by electronic means or in the context of other circumstances specified in the Terms and Conditions, is the Seller.
- Personal data provided when placing an order will be processed for the purpose of the sale and services ordered by the Buyer, consideration of withdrawals from the contract, returns performed on the basis of complaints or guarantees – pursuant to Art. 23 par. 1 of the Data Protection Act (Dz. with 1997 No. 133 item. 883 with further (amendments) and the performance of their duties under generally applicable provisions establishing tax and reporting obligations, pursuant to Article 23 act.1, point 2 of that Law – and in cases justified also for the purpose of recovering the resulting claims – pursuant to Article 23(1) of the That Law, shall be replaced by the following: 23 par. 1 point 5 in regards with article 23 par. 4 point 2 of that law.
- The Seller processes the personal data of the Buyers also for the purpose of providing the Seller with services electronically and other purposes specified in the Regulations. Personal data shall be processed only on the basis of the law, or consent by the Customer in accordance with applicable law.
- Providing the required personal data by the Buyer is necessary for the execution of the order placed. Any personal data that is not necessary to achieve the above-mentioned purposes is deleted immediately by the Data Controller.
- The Service Provider protects provided personal data and makes every effort to protect them from unauthorized access or use.
- Anyone who will provide the Service Provider with his personal data, has the right to access and correct them.
- The buyer has the right to access, correct them, request that they be discontinued, objection to their processing and their deletion.
- Consent to the processing of data may be revoked at any time by making the Seller a statement on a durable medium. The declaration may be, for example, sent to the Service Provider via email.
- In order to access or correct the personal data processed, please send such a request to the Seller to: Synapsa Med sp. z o.o. ul. Wrocławska 7 55-220, Jelcz-Laskowice or by e-mail email@example.com
Buyer’s obligations and protection of intellectual property
- In particular, the buyer shall:
- the use of the e-Shop in a manner that does not interfere with its functioning, in particular by the use of certain software or devices;
- refrain from actions such as sending or posting unsolicited commercial information (spam) in the Store,
- use of the e-Store in a non-burdensome manner for other Buyers and for the Seller;
- use any content posted within the Online Store exclusively for personal use;
- use of the e-Shop in accordance with Polish law, the provisions of the Regulations and with the general rules of use of the Internet.
- It is forbidden to use any material published on the Store’s website (including photos and descriptions of the Goods) without the written consent of the Seller.