The Terms and Conditions of OCH! online store
The OCH! online store, operating at www.ochstore.pl, is run by Magdalena Ochabska – Lechwar, who conducts business activity under the name OCH Magdalena Ochabska-Lechwar, registered in the Central Business Activity Register and Information System, managed by competent minister of economy; Taxpayer Identification Number: 6262855094; National Business Registry Number: 382475767.
The present Regulations determine the rules of using the OCH! online store together with the rules of concluding distance contracts of sale by means of the online store.
I DEFINITIONS
1.1 Consumer – a natural person of age concluding a contract with the entrepreneur within the online store, which subject is not directly incident to its business or professional activity.
1.2 Seller – OCH Magdalena Ochabska – Lechwar
6/6 Okulickiego St.
41-902 Bytom
Taxpayer Identification number: 6262855094
National Business Registry Number: 382475767
Bank account: 09 1050 1230 1000 0097 1052 1320
1.3 Customer – each natural person of age with a full capacity to enter into legal transactions as well as a legal person or an organisational entity without legal personality but with capacity to enter into legal transactions, making a purchase by means of the online store.
1.4 Entrepreneur – a natural person, a legal person or an organisational entity with a legal capacity conferred by a separate law, conducting business activity on their own behalf, making use of the store.
1.5 Store – the online store operating at www. ochstore.pl, run by the Seller.
1.6 Distance Contract of Sale – a contract concluded with a Customer within an organised system of concluding distance contracts of sale (by means of the online store), with no simultaneous physical attendance of parties, with an exclusive use of one or a number of means of distance communicating following the moment of the contract conclusion inclusive.
1.7 Regulations – the present Terms and Conditions of the Store.
1.8 Order – the Customer’s declaration of intent, submitted by way of an Order Form, heading directly to concluding a Contract of Sale with the Seller of a Product or Products.
1.9 Account – Customer’s account in the online Store, where certain data, supplemented by the Customer is collected, together with all the information concerning the orders placed in the Store.
1.10 Registration Form – a form, available in the Store, allowing creating an Account in the Store.
1.11 Order Form – an interactive form, available in the Store, allowing the order placement.
1.12 Cart – a component of the online Store, where all the Products selected by the Customer are viewable. In the Cart, one may change the quantity of the selected Products or modify the Order.
1.13 Product – a movable thing / service, available in the Store, that constitutes the subject of Contact between the Customer and the Seller.
1.14 Contract of Sale – the contract of sale of a Product concluded between the Customer and the Seller by means of the online Store. The Contract of Sale is also understood as – the use of the characteristics of the Product – the contract for services.
1.15 Newsletter – a service rendered by the Seller consisting in sending by electronic means information and sales proposals, novelties and special offers regarding the Seller and the Products.
II GENERAL PROVISIONS
2.1 The present Regulations determine the rules of concluding Contracts of Sale by means of online Store operating at www.ochstore.com. The Regulations document is accessible in PDF form and therefore, may be downloaded and printed.
2.2 All the Products available in the Store are brand-new, free from physical or legal defects.
2.3 Accepting the hereby regulations is essential to successful placement of the Order.
2.4 Using the online Store is possible 24 hours a day, 7 days a week, with the proviso that contact with the Store service is possible from Monday to Friday, between 10 a. m. and 4 p.m. by e-mail: och@ochstore.pl or telephone number: +48 663 666 206
2.5 Such devices as a computer or a smartphone with the internet access are necessary for using the online Store as well as browsing its stock and placing an order for Products.
2.6 The information given by the Customer during registration as well as the information required when purchasing without registration ought to be truthful and current. In the event of providing untrue, uncertain or no longer current information, the Seller shall get into contact with the Customer with the aim of its complement and verification. The Seller reserves the right to refuse the order fulfilment in the case of impossibility to get into contact with the Customer. The Customer is obligated not to reveal the username as well as the password used when logging in to the Store to any third party beneficiaries.
2.7 The Seller is not liable, to the fullest extent permitted by the law, for any interference, including any interruptions in the functioning of the Store due to force majeure, illegitimate activities of third parties or the Store’s incompatibility with the technical infrastructure of the Customer.
2.8 The prices within the online Store are gross prices. The price specified in the online Store at the time of the order placement is final and binding for the Customer as well as for OCH Magdalena Ochabska – Lechwar. Following the order placement, the price shall not be modified, regardless of any price modifications introduced by OCH Magdalena Ochabska – Lechwar.
2.9 OCH Magdalena Ochabska – Lechwar reserves the right to modify the prices of goods in the online Store, as well as introducing promotion and sell-out actions.
2.10 The online Store may be used by Customers who are at least 18 years of age.
2.11 Anyone under 18 years of age may use the online Store with their parents or legal guardians’ consent.
III REGISTRATION IN THE ONLINE STORE
3.1 One ought to complete the Registration Form in order to register in the online Store. It is essential to provide email address.
3.2 Creating an account in the online Store is free of charge.
3.3 In order to log in to the Store one ought to enter their username as well as the password established in the Registration Form beforehand.
3.4 The Customer is capable of deleting the Account at any time, without giving a reason and without bearing charges for this purpose, by sending an appropriate demand, in particular through an e-mail or in writing to the address specified in item I point 1.2
IV ORDER PLACEMENT – CONTRACT CONCLUSION
4.1 All the prices within the online Store are gross prices provided in Polish zloty. The prices include all duties and taxes, such as VAT, but do not include the shipping costs.
4.2 The orders are placed via the www.ochstore.pl website. Placing an order in the Store is possible 24 hours a day, 7 days a week, throughout the year. The completion of order placed on Saturdays and Sundays shall take place the nearest working day.
4.3 With the aim of placing an order one ought to:
a. Log in to the Store or use an opportunity to place an Order without registration.
b. Select the Product being the subject of the Order, and subsequently click the ‘Add to Cart’ button.
c. In the event of using the opportunity of placing the Order without registration – one ought to complete the Order Form with the recipient’s details as well as the delivery address and choose the method of delivery together with completing the invoice information (exclusively if it is different than the recipient’s details).
d. Click the button ‘Place an order and pay’. This very action is equivalent to Order Placement. A message confirming the order acceptance is sent to the e-mail address indicated by the Customer the moment of placing the order, just as all other current information concerning the course of the order fulfillment.
e. Upon receiving an e-mail message confirming the order placement, the Customer concludes a Contract of Sale (of Products included in the Order) with the Seller.
f. Choose one of the available methods of payment and depending of the chosen method – pay for the placed order.
4.4 In the event the Seller’s bank account has not been recognized as the amount due within 2 days of the order confirmation, the Contract concluded between the Customer and the Seller shall terminate.
V OFFERED FORMS OF PAYMENT AND DELIVERY
5.1 The Customer may choose amongst the following delivery methods:
a. Mail parcel
b. Courier shipment
5.2 The Customer may choose amongst the following payment methods:
a. Via bank account transfer to the Seller’s bank account
b. Via electronic transfer, through the PayU payment system site, on the principles and in accordance with the rules in force within the site (the list of the operated banks, together with the transfers duration are available on the www.payu.pl website).
5.3 The delivery of the Product is held within the premises of the European Union.
5.4 The delivery of the Product is chargeable, unless it is indicated otherwise in the Contract of Sale. The shipping cost of the Product is indicated to the Customer on the online store site, in the ‘Shipping cost’ tab, whilst placing the order, including the moment of making the Customer’s declaration of intent to be bound by the Contract of Sale.
5.5 The personal collection of the Product is not possible.
5.6 The goods are send to the address specified in the Order Form. In the event of the improper completion of the Order Form, to an extent that the shipment is impossible or may be delayed, the Seller shall notify the Customer immediately.
5.7 The delivery is held within the term specified in the offer, subject to Products ‘On order’ – in such an event the Customer is informed that the time of delivery may extend.
5.8 The detailed information on the delivery methods and accepted payment methods are available on the site of the Store.
VI FULFILMENT OF THE CONTRACT OF SALE
6.1 The conclusion of the Contract of Sale between the Customer and the Seller occurs following the Customer’s Order placement by means of the Order Form.
6.2 Following the Order placement, the Seller confirms receiving the Order therewith, and accepts the Order to fulfillment at the same time. The confirmation of Order and accepting the Order to fulfillment is send by the Seller to the Customer in an appropriate message to the e-mail address indicated by the Customer when placing the Order. The message includes nothing less than the Seller’s declaration of receiving the Order, of its acceptance to fulfillment and the confirmation of concluding the Contract of Sale. Upon receiving the abovementioned e-mail message, the Contract of Sale between the Customer and the Seller is concluded.
6.3 In the event of choosing the bank account transfer, electronic transfer or the payment card, the Customer is obligated to make the payment within 2 days of the date of the Contract of Sale conclusion – otherwise the Order shall be nullified.
6.4 The Product shall be send by the Seller within the time indicated in the Product’s description, by means of delivery method chosen by the Customer whilst placing the Order. The Product is shipped after the payment is credited on the Seller’s account.
VII THE RIGHT OF WITHDRAWAL
7.1 The Consumer has a right to withdraw from the Contract of Sale within 14 days without specifying any reason.
7.2 The Consumer may withdraw from the Contract of Sale, making a declaration of withdrawal. In order to meet the withdrawal deadline, it is sufficient to send the declaration prior to the indicated deadline.
7.3 The declaration may be sent by mail or by means of electronic mail to the e-mail address of the Seller. Furthermore, the declaration of withdrawal may be submitted via the Withdrawal declaration Form, which is available on the website of the Store.
7.4 In the event of the declaration of withdrawal being sent via e-mail, the Seller shall immediately send the confirmation of obtaining the declaration of withdrawal, to the e-mail address provided by the Consumer.
7.5 In the event of the withdrawal from the Contract of Sale upon the abovementioned principles, the Customer is obligated to return the Contract Products in an unchanged condition. The Products cannot have the appearance or any signs of use. The return ought to be send no later than within 14 days of the withdrawal from the Contract date, to the address:
Magdalena Ochabska – Lechwar
6/6 Okulickiego St.
41-902 Bytom
7.6 The returned Products ought to be packaged appropriately, providing no possible damage.
7.7 The Consequences of withdrawal from the Contract of Sale:
a. In the event of withdrawal from the distance Contract, the Contract is considered to be not concluded.
b. In the event of withdrawal from the Contract, the Seller shall immediately return the payment to the Customer, no later than within 14 days of the date of receiving the Consumer’s withdrawal from the Contract.
c. The Seller shall return the payment to the Customer by means of the same payment method that was used in the original transaction, unless the Customer notably cleared for another solution, which shall not incur any additional costs.
d. The Seller may withhold returning the payment until the Product is send back by the Customer.
e. The Customer shall bear the costs of returning the Product to the Store.
7.8 The right to withdraw from the Distance Contract of Sale shall not be entitled to the Consumer concerning:
a. the Contract which object of the performance is an item manufactured according to the Customer’s specification or an item serving to satisfy the Customer’s customized requirements.
b. contract for services, if the Seller fully performed the service, with the explicit consent of the Consumer, who had been informed of forfeiting the right to withdraw from the Contract, prior to the beginning of performing the service.
VIII CUSTOMER’S COMPLAINT
8.1 The Store is obligated to issue the goods free of any defects. In the event of detecting any defects, the Customer has the right to make a complaint. Under the terms determined in the Civil Code, the Customer may demand the goods to be repaired or exchanged. Furthermore, the Customer may also demand a discount or withdraw from the Contract.
8.2 The Complaint ought to be placed in writing or electronically, to the Seller’s address provided in the present regulations, or by filling the online Complaint Form available on the Store’s website.
The Complaint ought to include, at least:
a. Full name, address, e-mail address of the Buyer.
b. The date of concluding the Contract, which constitutes the basis of the Complaint, as well as the order number.
c. All the circumstances justifying the Complaint.
8.3 In order to place the Complaint, the defective Product ought to be send back to the following address:
Magdalena Ochabska – Lechwar
6/6 Okulickiego St.
41-902 Bytom
8.4 The Seller shall respond to the demands of the Complaint forthwith, no later than within 14 days. If the Seller does not respond within the aforementioned deadline, the Buyer’s demands are considered justifiable.
IX Extra-judicial methods of complaint handling and pursuing claims
9.1 The detailed information concerning the extra-judicial methods of complaint handling and pursuing claims as well as the rules of access to these procedures are available in the headquarters and on the websites of district consumer advocacies, community organisations, whose statutory objective is the consumer protection, Provincial Inspectorates of the Trade Inspection and on the following website addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php
9.2 The Consumer may use one of the following, exemplificatory extra-judicial methods of complaint handling and pursuing claims:
a. The Consumer is eligible to appeal to the Permanent Arbitration Consumer Court referred to in Article 37 of the Law of December 15th 2000, on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for resolution a dispute arising from the Contract concluded with the Seller.
b. The Consumer is eligible to appeal to the Provincial Inspector of the Trade Inspection, in accordance with Article 36 of the Law of December 15th 2000, on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for initiation mediation proceedings on the amicable settlement of a dispute between the Consumer and the Seller.
c. The Consumer may receive a free legal aid over the settlement of the dispute between himself (herself) and the Seller, using the free legal aid of the district consumer advocacy or other community organisations, whose statutory objective is the consumer protection (a. o. Consumer Association, Association of Polish Consumers).
X NEWSLETTER
10.1 The Newsletter service is free of charge.
10.2 Newsletter is an e-bulletin, where the Seller shall announce special offers and novelties to the User. The Newsletter shall be sent by electronic means in a form of an e-mail message.
10.3 The Newsletter service is available to any User, who shall provide their e-mail address on the www.ochstore.pl website in the section concerning the Newsletter, and accept the terms of the Consent to provide the service electronically. Following the User’s e-mail address entry in the section of Newsletter, an activation link shall be sent to the previously entered e-mail address. The e-mail address shall become activated by clicking the link.
10.4 The service operator is the administrator of the data processed for the purpose of the Newsletter. The data provision is voluntary, however, necessary to perform the service of Newsletter.
10.5 The Customer may request for personal data deletion at any time.
10.6 Each person, whose data is being processed has the right to lodge a complaint to the supervisory body (currently the President of the Personal Data Protection Office).
XI PERSONAL DATA IN THE ONLINE STORE
11.1 The Seller is the administrator of all Customer’s personal data collected by means of the online Store.
11.2 The Customers’ personal data is collected by the administrator, by means of the online Store, in order to execute the Contract of Sale, and – in the event of the Customer’s given consent – for marketing purposes.
11.3 The recipients of the Customer’s personal data may be:
a. In the event of a Customer, who chooses the mail parcel or the courier shipment as the delivery method, the Administrator renders the collected data accessible to the relevant carrier or a shipping agent pursuing the delivery on the Administrator’s commission.
b. In the event of a Customer, who chooses the electronic transfer or the payment card as the payment method, the Administrator renders the collected data accessible to the relevant payment provider.
11.4 The Customer has the right of access to the data and making adjustments.
11.5 The data provision is voluntary, however, not providing the personal data, indicated in the Terms and Conditions, required to Contract Conclusion, results in impossibility of concluding the Contract.
11.6 The Customer may request for personal data deletion at any time without specifying the reason. The request for personal data deletion shall not interfere with previous activities. The personal data deletion is equivalent to deletion the User’s Account and therefore, the personal data shall no longer be processed.
XII FINAL PROVISIONS
12.1 All the Contracts concluded by means of the online Store are executed in Polish language.
12.2 The Seller reserves the right to make amendments in the present Terms and Conditions due to significant reasons, as follows:
a. Changes to the provisions of law
b. Changes of payment and delivery methods
12.3 In the event of introducing any amendments in the Terms and Conditions, all the Orders placed prior to the date of amendments introduction, shall be fulfilled in compliance with the previously binding regulations.
12.4 In all matters not covered by the present Terms and Conditions, the binding regulations of the Polish law shall apply – particularly the Civil Code, the Law on electronically supplied services, the Law on Consumer Rights and the Personal Data Protection Act.
12.5 The Customer has the right to use the extra-judicial methods of complaint handling and pursuing claims. For this very purpose, the Customer may submit a complaint through the EU Platform ODR, available at http://ec.europa.eu/consumers/odr/.