Terms and conditions of use www.happy-surfer.com online shop
I. GENERAL PROVISIONS
1. The online shop located at http://happy –surfer.com is maintained by HAPPY SURFER KATARZYNA LASKOWSKA-TOMKOWICZ registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business and address for service: ul. Żywiecka 56/10, 30-427 Kraków , tax identification number NIP: 6351780506, statistical number REGON: 363868384, email address: firstname.lastname@example.org, phone number: +48 506445277.
2. These Terms and Conditions shall govern all use of the online Shop at http://happy-surfer.com/ by all Users.
3. The Terms and Conditions stated herein set forth: the type, scope and conditions of: rendering electronic services through http://happy-surfer.com/; the conditions of concluding and terminating Electronic Services and Product Sales Agreements as well as the complaints procedure.
4. By using the Electronic Services available through the Shop, the User agrees to be legally bound and to abide by these Terms and Conditions.
5. Customers are required to read and acknowledge these Terms and Conditions before placing an order and using the Electronic Services offered through the Shop.
6. http://happy-surfer.com/ online Shop conducts retail sales to Consumers in Poland, other European Union countries, the US as well as in other selected countries.
7. The Seller represents and warrants that all Products are brand new, free and clear of all liens or other encumbrances of any kind and in full compliance with all applicable laws.
8. All trade names, Product names, company names or logos mentioned on http://happy-surfer.com/ website may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the http://happy-surfer.com/ website are for information purposes only.
9. To all matters not settled herein the following provisions of Polish law shall apply:
a) Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. [Journal of Laws] No. 144, item 1204, as amended),
b) Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item 827),
c) Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended) and all other applicable provisions of Polish law.
1. WORKING DAY – shall refer to Monday to Friday, excluding public holidays and weekends.
2. REGISTRATION FORM − shall refer to the electronic form available at http://happy-surfer.com/ required for Account registration.
3. ORDER FORM – shall refer to the electronic form available at http://happy-surfer.com/, required for Order placement.
4. CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that are outside their business, trade or profession.
5. CUSTOMER – shall refer to any User concluding a Sales Agreement with the Seller.
6. ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an organised collection of digital content, including details for individual orders, stored on the Service Provider’s ICT-System.
7. TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained herein.
8. SHOP − shall mean the Service Provider’s online Shop located at http://happy-surfer.com/.
9. SELLER, SERVICE PROVIDER – shall refer to Katarzyna Laskowska-Tomkowicz trading as HAPPY SURFER KATARZYNA LASKOWSKA-TOMKOWICZ, principal place of business and address for service: ul. Żywiecka 56/10, 30-427 Kraków, NIP: 6351780506, REGON: 363868384.
10. PRODUCT – shall refer to any movables or services covered by a Sales Agreement concluded between the Customer and the Seller via the online Shop.
11. SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the Customer and the Seller through the Shop.
12. USER − shall refer to any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
13. ELECTRONIC SERVICES - shall refer to the services provided electronically by the Service Provider via the Shop.
14. ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with the Seller.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider grants access to the following Electronic Services:
a) Concluding Product Sales Agreements
b) Managing online Account
2. These Terms and Conditions shall apply to all Electronic Services provided through http://happy-surfer.com/.
3. The Service Provider reserves the right to display advertising content on the website http://happy-surfer.com/. Advertisements are an integral part of the online Shop front and the materials presented therein.
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
1. The Electronic Services set forth under chapter III paragraph 1 of these Terms and Conditions are free of charge.
2. Term of the agreement:
a) Electronic Services Agreements relating to the Account management service are concluded for an indefinite period of time.
b) Electronic Services Agreements enabling the User to place an Order are concluded for a definite period of time and terminate upon placement or withdrawal of the Order.
c) Electronic Services Agreements for sending Newsletters are concluded for an indefinite period of time.
3. Hardware, network and software requirements for the ICT system used by the Service Provider:
a) a computer with an active internet connection,
b) email account,
c) Internet browser,
4. The User agrees to use the online Shop in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
5. The User is obliged to provide accurate and complete information to the Service Provider.
6. The User is prohibited from providing any unlawful or illegal content.
V. CONDITIONS OF CONCLUDING SALES AGREEMENTS
1. The information provided on the http://happy-surfer.com/ website does not constitute an offer to sell products or services as defined by applicable law. By placing an order the Customer makes an offer to buy a Product under the terms set forth in the Product description.
2. The Product prices at http://happy-surfer.com/ are given in Polish zloty (PLN), Euro (EUR), US Dollars (USD) and include all measurable costs, such as value added tax (VAT). Orders shipped to countries outside the European Union may be subject to customs and additional taxes counted in accordance with the prevailing tax regulations of the country of destination. For further information the Customer should contact relevant customs and duty authorities. The prices do not include delivery fees.
3. The Product prices at http://happy-surfer.com/ only become binding when the Customer has placed an Order. This price is unaffected by any price changes once the Order has been placed.
4. Special priced Products (promoted as part of a sale) are available in limited numbers. Orders will be processed in the order in which they are received.
5. The Customer is not required to register an Account to place an Order.
6. Customers may place Orders through the website 24 hours a day, 365 days a year by completing an Order Form at http://happy-surfer.com/.
7. Orders are processed between 9:00 and 17:00, Monday to Friday. Orders placed after 17:00, on a Saturday, Sunday or a public holiday in Poland shall be processed the next Working Day.
8. Conclusion of Sales Agreements:
a) In order to conclude a Sales Agreement, the Customer shall place an Order via http://happy-surfer.com/.
b) After placing a purchase Order, the Customer immediately receives an Order confirmation email from the Seller, which is the point at which the Agreement becomes binding on the Customer. The Order confirmation email shall include the following elements:
- confirmation of all relevant Order details
- model statement of withdrawal from the agreement
- information on the right of withdrawal
- these Terms and Conditions.
c) After receiving the confirmation email under paragraph (8) (b), the Sales Agreement between the Customer and the Seller is finally concluded.
9. Each Sales Agreement shall be confirmed by a VAT invoice attached to the package.
VI. CONDITIONS AND METHODS OF PAYMENT
1. The following payment options are made available to the Customer:
- electronic payment (PayPal, PayU.pl),
2. All electronic payments must be made before an Order can be processed. Available electronic payment systems include payments by credit card as well as instant bank transfers in selected Polish banks. The Product shall be dispatched only after full payment has been received by the Seller.
3. The Customer shall pay the amount equal to the purchase price specified in the Sales Agreement within 3 Working Days of its conclusion unless indicated otherwise in the Sales Agreement.
VII. DELIVERY COST, TIME AND METHOD
1. Delivery charges shall be stated at the time of ordering and are dependent upon the payment and delivery method chosen.
2. All Products are sent via Poczta Polska (Polish Postal Service) or a courier company.
3. The delivery time depends on how long it takes the Seller to process an Order and how long it takes the carrier to deliver the Product to the Customer once it is shipped:
a) The order processing time takes 10 Working Days.
b) Products are delivered within 14 Working Days, according to the standard delivery time stated by the carrier (deliveries are made on Working Days, excluding Saturday, Sunday and public holidays).
VIII. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
1. Terminating an Electronic Services Agreement:
a) Continuing and indefinite-term Electronic Services Agreements (e.g. account management agreement) may be terminated.
b) The User may terminate the agreement for convenience and with immediate effect by sending an appropriate statement to the following e-mail address: email@example.com
c) The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
d) The notice of termination leads to a cessation of legal relations with the effect for the future.
2. The Electronic Services agreement may be terminated at any time by mutual agreement of the parties.
IX. COMPLAINTS PROCEDURE
1. Statutory warranty process:
a) The legal basis and the extent of the Seller’s liability for physical or legal defects in Products are set forth under the Civil Code Act of 23 April, 1964 (Dz. U. No. 16, item 93, as amended).
b) The Seller shall bear liability for physical defects that existed before the transfer of the risk to the buyer or for physical defects that are inherent in the Product.
c) If the Product is defective the Customer may submit a request of price reduction or a declaration of withdrawal from the agreement unless the Seller promptly and without inconvenience to the Buyer replaces the Product with a defect-free one or brings the Product into conformity. This limitation does not apply if the Product has been already replaced or repaired by the Seller or if the Seller has not fulfilled his duty to replace the Product with a defect-free one or to bring the Product into conformity.
d) Consumer-customers can demand a replacement of a defective Product with a defect-free one instead of having the defect removed by the Seller, or demand a removal of the defect instead of having the Product replaced by the Seller, unless it is impossible to bring the Product into conformity with the agreement in a manner chosen by the Consumer-customer or it would incur significant costs compared to the solution proposed by the Seller. When evaluating the cost, the value of a defect-free Product , the type and scope of the detected defect are taken into account together with any inconvenience the Consumer-customer may suffer if satisfied by a different solution.
e) Notice of a Product defect and all statutory warranty claims should be submitted via email to firstname.lastname@example.org or in writing to the following address: ul. Zamiejska 5A/8, 30-382 Kraków.
f) All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
g) Defective Products, along with a proof of purchase, shall be returned to the Seller’s trading address: ul. Żywiecka 56/10, 30-427 Kraków .
h) All Customer claims shall be resolved promptly and in any event no later than within 14 days following the date of receipt. A response to the claim shall be sent by email or other preferred method of contact indicated by the Customer.
i) In the case of claims issued by Consumer Customers - the Seller’s failure to consider the Customer’s claim within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s favour. The Seller shall bear all costs and expenses incurred in connection with the replacement of the defective Product with a new one, free from any defects.
j) The Seller shall bear liability for a Product defect if the defect is detected within two years from the date of the release of the Product to the Buyer.
k) In order to speed-up the complaint handling process, any detected damage to the Product that could have occurred in the course of delivery (any loss, shortage or damage) should be reported up to 24 hours from the receipt of the Product at email@example.com (complaints about goods bought online) or within 7 days directly to the carrier.
2. Complaints procedure for Electronic Services rendered by the Service Provider:
a) Complaints about Electronic Services provided via http://happy-surfer.com/ should be submitted via email to firstname.lastname@example.org
b) All complaints should contain sufficient detail about the matter that is at issue. Specifically, complaints should include circumstances, the nature of the complaint, the date when the issue first arose as well as the complainant’s contact details. Providing all necessary data will speed up the complaint-handling process.
c) All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
d) A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
X. RIGHT TO WITHDRAW
1. Consumers have the right to withdraw from a distance agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the Consumer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written statement sending to Happy Surfer ul. Żywiecka 56/10, 30-427 Kraków, POLAND (e.g. by submitting the model withdrawal statement available here).
2. Consumers may exercise their right of withdrawal from a Sales Agreement without incurring any liability. When a Consumer withdraws, any property traded in, any payments made by the Consumer under the Sales Agreement shall be returned; any Products delivered to the Consumer under the Sales Agreement shall be returned without undue delay, and in any event not later than in 14 days, complete and unaltered, save for any changes necessary in the normal course of business.
3. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Product.
4. To establish the nature, characteristics and functioning of the Product the Customer may inspect the Product in the same manner as he would be allowed to do in a brick-and-mortar shop.
5. The Seller shall reimburse to the Consumer all payments received from them, including the cost of delivery. The refund shall be made in the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event the Consumer will not incur any fees as a result of such reimbursement.
6. The Shop shall not be required to reimburse the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Shop.
7. The Consumer who withdraws from a Sales Agreement, as set forth in paragraph (1), must bear the direct cost of returning the Product to the Seller.
8. The “cooling-off” period expires 14 days after the day the Consumer received the Product.
9. Both the Customer (Consumer) and the Seller have a legal right to cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the Agreement within the set deadline.
XI. INTELLECTUAL PROPERTY
1. The compilation of all content at http://happy-surfer.com/ is the exclusive property of Katarzyna Laskowska-Tomkowicz trading as HAPPY SURFER KATARZYNA LASKOWSKA-TOMKOWICZ, principal place of business and address for service: ul. Żywiecka 56/10, 30-427 Kraków , NIP: 6351780506, REGON: 363868384 and is protected under copyright law. The User shall bear all liability for damages resulting from their use of the content of the website http://happy-surfer.com/ without the consent of the Service Provider.
2. Any use or reproduction of the content of the website http://happy-surfer.com/ or any portion thereof without the express written consent of the Service Provider constitutes a copyright infringement and is punishable under civil and criminal law.
XII. FINAL PROVISIONS
1. Agreements concluded through the Shop are construed in accordance with the laws of Poland.
2. Should any provision of these Terms and Conditions be prohibited by applicable law, the provisions of Polish law shall apply in lieu of the unenforceable provision.
3. Any disputes between the Seller and the Consumer arising out of or in connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under paragraph (4).
4. Any disputes arising between the Service Provider and the Customer-user shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
5. Consumer Customers may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
6. Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.