STORE REGULATIONS
I. GENERAL PROVISIONS
- The following regulations define the rules for using the online store available at www.thebetwins.com (hereinafter referred to as the "Online Store"). The owner of the Online Store is TBT Michalina Sobczyńska, ul. Wypoczynkowa 32a/2, 80-341 Gdańsk, NIP: 5842854277, REGON: 529078580 (e-mail: [email protected]).
- The terms used in these regulations mean:
Online Store – the online store available at "thebetwins.com" operated by TBT Michalina Sobczyńska.
Owner of the Online Store – TBT Michalina Sobczyńska, ul. Wypoczynkowa 32a/2, 80-341 Gdańsk.
Consumer – a consumer as defined in Article 221 of the Civil Code, i.e., a natural person entering into a legal transaction with an entrepreneur, which is not directly related to their business or professional activity.
Consumer Rights Act – the Act of May 30, 2014, on Consumer Rights. - The information presented on the Online Store's website does not constitute an offer within the meaning of the Civil Code but an invitation to submit offers by Customers.
- The availability of products will be updated regularly, except on public holidays.
- Contact with the Online Store is possible 24 hours a day, 7 days a week, via email: [email protected], as well as through the contact form available on the Online Store's website under the "Contact" tab.
- The Online Store sells products via the Internet. Placing an order may involve incurring costs for connecting to the Internet (data transmission fees, according to the customer's operator's tariff).
- Using the Online Store is possible provided that the customer's IT system meets the following minimum technical requirements:
a) a web browser with Java Script support: Internet Explorer (version 8.0 or newer), Mozilla Firefox (version 22 or newer), or Google Chrome (version 27 or newer), with Cookies enabled;
b) a minimum screen resolution of 1024 x 768 pixels, as well as having an email account on any server and access to the Internet.
II. TERMS OF USING THE ONLINE STORE
- An order can only be placed by a person with full legal capacity.
- Placing orders for products available in the Online Store is possible:
a) after registration by filling out the registration form available on the Online Store's website (purchases with registration),
b) by providing the necessary personal and address details to enable the execution of the order (purchases without registration). - Acceptance of the Regulations is voluntary but necessary to make a purchase through the Online Store.
- Providing personal data by the Customer is voluntary, but failure to provide it may prevent the execution of services provided by the Online Store. The Customer is responsible for providing false personal data.
- To register, the Customer must select the "New Customers" tab on the Online Store's website and provide their name, surname, email, password, and optionally, a phone number.
- After completing the steps mentioned in point 5, an email with an activation link will be sent to the Customer's email address to activate the account in the Online Store.
- After clicking the activation link, the Customer will be redirected to the login page. After logging into the Online Store by entering their login and password, the Customer fills out the registration form by entering their name, surname, phone number, and address.
- Upon successful registration, the Customer gains access to their account, which they can use within the Online Store by providing the email address and password submitted during registration (login).
- The information provided by the Customer during registration or required for purchases without registration should be true and up-to-date. If false, outdated, or questionable information is provided, the Owner of the Online Store will attempt to contact the Customer to complete or verify the information. If contact with the Customer is not possible, the Owner of the Online Store reserves the right to refuse to execute the Order.
- The Customer can place orders 24 hours a day, every day of the year, but their execution takes place on business days from Monday to Friday between 10:00 AM and 6:00 PM. Orders placed on weekdays after 5:00 PM, as well as on Saturdays, Sundays, and public holidays, will be processed on the next business day.
III. PLACING ORDERS
- When making purchases with registration, the Customer, after logging into the Online Store, places an order by adding the product displayed in the Online Store to the cart, selecting the delivery and payment method, providing the necessary data for issuing a VAT invoice (if the Customer requests such an invoice), and any comments regarding the order or delivery address.
- A Customer interested in making purchases without registration places an order by adding the product displayed in the Online Store to the cart and then selecting the "Place Order" option, indicating the delivery and payment method, as well as other necessary data for order execution, such as name, surname, phone number, address, email, data necessary for issuing a VAT invoice (if the Customer requests such an invoice), and any comments regarding the order or delivery address.
- After the Customer provides all the necessary data, a summary of the placed order will be displayed, including: a description of the ordered item, the unit and total price of the ordered products, the type and cost of delivery, the Customer's data and address, and data for issuing a VAT invoice (if the Customer requested such an invoice), along with information about the right or lack of right to withdraw from the contract.
- The order placement procedure ends, both for purchases with registration and without registration, when the Customer selects the "Confirm Order" option and accepts and confirms that they have read the Online Store's Regulations. Completing this step means placing the order. Acceptance of the Regulations is voluntary but necessary to place an order.
- After placing the order, an email confirming the order and its content will be sent to the Customer's email address.
- Upon confirmation by the Online Store of the acceptance of the Customer's order for execution, a sales contract for the products covered by the order is concluded. Confirmation is made via email, along with which the Online Store sends the information referred to in Article 12(1) of the Consumer Rights Act. Subsequently, the Customer will receive ongoing information about the progress and execution of the order.
VI. PRICES AND PAYMENT METHODS
- Product prices are given in Polish złoty and include VAT.
- Information about the total value of the order, including shipping costs, is displayed after the Customer selects the delivery method.
- The Owner of the Online Store reserves the right to change the prices of products in the offer, introduce new products to the Online Store's offer, conduct and cancel promotional campaigns on the Online Store's website, or make changes to them. The above does not affect orders placed before the date of the price change, promotional campaign conditions, or sale, which will be executed under the previous terms.
- Promotions in the Online Store cannot be combined unless the terms of the specific promotion state otherwise.
- The payment methods available in the Online Store are credit card payment, postal money order, and online transfer via the PayU service.
VII. RECEIPTS AND INVOICES
- Each completed order is accompanied by a purchase document in the form of a receipt or VAT invoice.
- A VAT invoice is issued upon the explicit request of the Customer, after providing all the necessary data for issuing the invoice. The Customer hereby consents to the issuance of invoices electronically.
VIII. ORDER PROCESSING TIMES
- Order processing means delivering the ordered products to the Customer.
- The order processing time is up to 7 business days from the moment the Customer is informed about receiving payment for the ordered product and/or the start of order processing, but no later than within 30 (thirty) days from the conclusion of the contract.
- The Online Store processes orders within the European Union.
- Delivery of the ordered product from the Online Store is carried out by the selected courier service.
- Only correctly placed orders will be processed. A correctly placed order means the Customer has entered all the necessary data to conclude and execute the contract. At the same time, the order will not be executed in the following cases:
a) the Customer provides incorrect or false contact details constituting the delivery address;
b) it is not possible to contact the Customer at the phone number or email address provided in the order during the order processing period;
c) attempts to breach the Online Store's security, use of the Online Store inconsistent with its intended purpose, or any other attempt at fraud, meaning any action by the Customer related to placing and executing the order that is inconsistent with the law.
IX. COMPLAINTS (NON-CONFORMITY OF THE PRODUCT WITH THE CONTRACT)
- The entity responsible to the Customer under the warranty for defects within the meaning of the Civil Code, in particular Articles 556 and 5561-5563 of the Civil Code, regarding products purchased through the Online Store is the Owner of the Online Store, i.e., TBT Michalina Sobczyńska.
- A complaint regarding the non-conformity of the product should be submitted to the email address: [email protected] to determine the shipping address.
- The complaint should describe the non-conformity of the product with the contract and indicate whether the Customer requests the removal of the defect, replacement with a defect-free product, price reduction, or withdrawal from the contract. The Customer cannot withdraw from the contract if the defect is insignificant. Attaching a receipt or VAT invoice documenting the purchase is not necessary but will facilitate the processing of the complaint.
- The Customer is not entitled to demand a price reduction or withdrawal from the contract if the entity responsible under the warranty immediately and without excessive inconvenience to the Customer replaces the defective product with a defect-free one or removes the defect. This limitation does not apply if the product has already been replaced or repaired by the entity responsible under the warranty or if the entity responsible under the warranty has not fulfilled the obligation to replace the product with a defect-free one or remove the defect.
- The entity responsible under the warranty will respond to the complaint within 14 (fourteen) days and inform the Customer about the further course of action.
- The Customer who is a Consumer has the right to use out-of-court methods of handling complaints and pursuing claims as described in point 7 below.
- The Customer who is a Consumer may use, among others, the following out-of-court methods of handling complaints and pursuing claims:
- submitting a request to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable resolution of the dispute
- submitting a request to the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection;
Detailed information on the possibility of using out-of-court methods of handling complaints and pursuing claims by the consumer and the principles of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection, district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
- the ODR platform available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of disputes regarding contractual obligations arising from online sales contracts or service contracts. - The Customer has the right to file a complaint regarding the non-conformity of the product with the contract within 2 years from the date of direct receipt of the product by the Customer.
- To avoid doubt, it is stated that none of the provisions of the Regulations limits the rights of the Customer, in particular the Consumer, granted to them under the applicable law in the territory of the Republic of Poland. In the event of a provision of such a nature, the applicable law in the territory of the Republic of Poland shall apply.
X. RIGHT TO WITHDRAW FROM THE CONTRACT
- Under the terms specified below, the Consumer has the right, without giving any reason, to withdraw from the contract within 14 days from the date on which they took physical possession of the product or on which a third party other than the carrier and indicated by the Consumer took physical possession of the product.
- Withdrawal from the contract requires a clear statement of withdrawal from the contract and sending it to the email address: [email protected].
- To meet the withdrawal deadline, it is sufficient to send the withdrawal statement before its expiry.
- In the event of withdrawal from the contract, the contract is considered not concluded, and what the parties to the contract have provided is subject to return. To proceed with the return, it is required to fill out the Return Form.
- In the event of withdrawal by the Consumer from the contract under the terms described above, they are obliged to return the product covered by the contract in an unchanged condition. The return should take place no later than within 14 days from the date of withdrawal from the contract via InPost parcel lockers or any courier service.
- The deadline for returning the product specified in point 6 is met if the Consumer sends the product before the expiry of 14 days from the date of submitting the withdrawal statement.
- In the event of withdrawal by the Consumer from the contract, the Owner of the Online Store, no later than within 14 days from the date of receipt of the product, will refund the Consumer all payments made, including the costs of delivering the product, with the proviso that if the Consumer has chosen a method of delivery other than the cheapest, standard method offered by the Online Store, the Owner of the Online Store is not obliged to refund the additional costs incurred by the Consumer. However, the Consumer bears the direct costs of returning the goods. If the Owner of the Store covers the costs of returning the goods, the amount of these costs will be deducted from the final amount to be refunded to the Customer, equal to the amount of the shipping costs incurred.
- In the event of non-collection of the shipment by the Consumer and its return to the Owner of the Online Store, the refund will be made only for the value of the ordered product/products. The shipping cost is non-refundable. If the courier company charges an additional fee for returning the package to the Owner of the Online Store, this amount may be deducted from the refund amount. The Consumer may reorder the product, but it is necessary to pay a new shipping fee.
- The refund is made using the same payment method used by the Consumer, unless the Consumer explicitly agrees to a different refund method.
- The Owner of the Online Store may withhold the refund of payments received from the Consumer until the product is received.
- The Consumer is responsible for any reduction in the value of the goods resulting from handling them in a way other than what was necessary to determine the nature, characteristics, and functioning of the goods.
- The right to withdraw from the contract does not apply to goods manufactured according to the Consumer's specifications (with properties clearly individualized by the Consumer) or serving to satisfy their individualized needs. This means that there is no obligation to accept the return of goods made to the Consumer's order or modified at the Consumer's request.
XI. QUALITY WARRANTY
- All products purchased through the Online Store are covered by a quality warranty.
- The terms of the quality warranty are specified in the Online Store under the "Certificates" tab.
- The entity responsible under the quality warranty is TBT Michalina Sobczyńska.
XII. PERSONAL DATA
- The administrator of personal data is TBT Michalina Sobczyńska. Customers' personal data is collected, processed, and protected with the utmost care, in accordance with the currently applicable legal provisions.
- Providing data is voluntary but necessary to execute the order.
- Data is processed for the purpose of executing Orders and for purposes for which the Customer has given separate consent.
- The person whose data is concerned has the right to access their data, correct and supplement it, and object to further processing of the data, especially for marketing purposes.
- Detailed information related to the processing of personal data is contained in the Privacy Policy.
XIII. FINAL PROVISIONS
- The Online Store reserves the right to change the regulations. Any changes to the regulations will be communicated to Customers by posting an appropriate notice on the website www.thebetwins.com. Customers who have registered in the Online Store will be notified of the change in the regulations and the possibility of their acceptance upon the first login to the Online Store, counting from the effective date of the new regulations. Refusal to accept the regulations is tantamount to termination of the contract for the provision of electronic services.
- Disputes between the Owner of the Online Store and the Customer who is a consumer will be resolved by the common court competent under the provisions of the Code of Civil Procedure, unless, according to these regulations, disputes are resolved out of court.
- In the event of a change in the regulations, orders placed before the date of the introduction of changes to the regulations will be executed under the previous terms.
- These Regulations are effective from July 12, 2024.