ONLINE STORE REGULATIONS I. Definitions The terms used in the Regulations mean: 1. Customer – a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store; 2. Consumer – in accordance with art. 22 [1] of the Civil Code means a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity. 3. Civil Code – the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended); 4. Regulations – these Regulations specifying the general terms of sale and the rules for the provision of electronic services as part of the ohbabe.pl online store; 5. Online Store (Store) – a website available at ohbabe.pl, through which the Customer may, in particular, place Orders; 6. Goods – products presented in the Online Store; 7. Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between ohbabe.pl and the Customer, concluded using the Store’s website; 8. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827); 9. Act on the provision of electronic services – the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended); 10. Order – Customer’s declaration of will, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods. II. General provisions 1. These Regulations define the rules for using the online store available at ohbabe.pl. 2. These Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services. 3. The ohbabe.pl online store, operating at ohbabe.pl, is run by OH Babe Martyna Ziubińska, NIP: 8222380852, REGON: 385895116, address: ul. Kościuszki 1 05-300 Minsk Mazowiecki. Contact details: email [email protected] 4. These Regulations specify in particular: – rules for registering and using the account as part of the online store; – the terms and conditions for submitting Orders via electronic means as part of the online store; – the rules for concluding Sales Agreements with the use of services provided as part of the Online Store. 5. Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements: a) Internet Explorer version 10 or newer with JavaScript enabled, or b) Chrome version 49 or newer with JavaScript enabled, or c) Firefox version 43 or newer with JavaScript enabled, or d) Microsoft Edge version 13 or newer with JavaScript enabled, or e) Opera version 36 or newer with JavaScript enabled, or f) Safari 4 or newer with JavaScript enabled. 6. In order to use the online store, the Customer should, on his own, gain access to a computer station or terminal device with Internet access. 7. In accordance with applicable law, ohbabe.pl reserves the right to limit the provision of services via the Online Store to people who have reached the age of 18. In this case, potential customers will be notified of the above. 8. Customers can access these Regulations at any time via the link on the home page of ohbabe.pl and download it and print it out. III. Rules for using the Online Store 1. Registration in the Online Store is optional. The customer may place an order without registering in the Store, after reading and accepting these Regulations. Registration takes place by completing and accepting the registration form, available on one of the Store’s websites The condition for registration is to agree to the content of the Regulations and to provide personal data marked as mandatory. ohbabe.pl may deprive the Customer of the right to use the Online Store, as well as limit his access to some or all of the Online Store’s resources, with immediate effect, in the event of a breach of the Regulations by the Customer, and in particular when the Customer: – during registration in the online store, he provided untrue, inaccurate or out-of-date data, misleading or infringing the rights of third parties, – has infringed the personal rights of third parties via the online store, in particular the personal rights of other customers of the online store, – will commit other behaviors that will be recognized by ohbabe.pl as inconsistent with applicable law or general principles of using the Internet or harming the good name of ohbabe.pl. A person who has been deprived of the right to use the online store, cannot re-register without the prior consent of ohbabe.pl 2.In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons. . 3. The customer is obliged in particular to: – use the Online 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 Regulations, as well as the general principles of using the Internet. – not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties, – using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices, – not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store, – using the Online Store in a way that is not inconvenient for other customers and for ohbabe.pl, – use of any content contained in the Online Store only for personal use, IV. Procedure for concluding a Sales Agreement 1. In order to conclude a Sales Agreement via the Online Store, go to the website ohbabe.pl and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website. 2. The selection of the ordered Goods by the Customer is made by adding them to the basket. 3. When placing the Order – until the button confirming the Order placement is pressed – the Customer may modify the entered data and the selected Product. To do this, follow the messages displayed to the Customer and the information available on the website. 4. After the Customer using the Online Store has provided all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others a description of the selected goods or services, the total price and all other costs. 5. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order. 6. Information about the Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with ohbabe.pl, in accordance with the Regulations. After placing the Order, the Customer receives an e-mail containing all the essential elements of the Order. This e-mail only confirms receipt of the Order and does not constitute a declaration of will to conclude a contract. The contract is considered concluded with the moment the Customer receives a second e-mail message containing the final confirmation of all essential elements of the Order. This e-mail is a declaration of will confirming the acceptance of the Order and the conclusion of the Agreement with ohbabe.pl. 7. The sales contract is concluded in Polish, with the content in accordance with the Regulations. 8. Customers can access these Regulations at any time via the link on the home page of ohbabe.pl and download it and print it out. Consolidation, protection and sharing of order data and General Terms and Conditions (sales regulations) takes place via e-mail. For security reasons, your order data is not available online. V. Delivery 1. The delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order. 2. The delivery of the ordered Goods is carried out via: – InPost courier company – InPost parcel lockers Delivery costs will be indicated at the time of placing the Order. 3. The time of delivery is 2-14 working days, depending on the purchased product. The delivery time for each product is shown on the product card or in the product description. 4. The order processing time is counted from the moment of obtaining a positive payment authorization 5. Damage to the Goods caused during delivery. In the case of a distance consumer purchase, our Store always bears the risk of accidental damage or loss of goods during transport. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the deliverer as soon as possible and contact us. Delay There are no consequences for your statutory claims and their satisfaction, in particular for your rights under the statutory warranty for defects (item VIII of the Regulations), when submitting such a complaint or making contact. Faster reporting of noticed damage caused during transport helps us in pursuing our own claims against the carrier or transport insurer. In the case of a Customer who is not also a Consumer: the risk of accidental damage or loss of the Goods passes from the Online Store to the buyer at the time of entrusting the Goods to a carrier engaged in the transport of a given type of goods, or a person or courier designated by the buyer. VI. Prices and payment methods 1. Commodity prices are given in Polish zlotys and include all components, including VAT, customs duties and all other components. 2. The customer has the option to pay the price: – traditional transfer – Online payment. The entity providing online payment services is Blue Media S.A. – cash on delivery – Available payment methods – Payment cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro ” Your credit card and PayPal balance will be debited at the time of ordering. In the case of a traditional transfer, the bank account is debited at the time of making the transfer. In the case of cash on delivery payment, the payment is charged on delivery. VII. The right to withdraw from the contract – A consumer who has concluded a distance contract or an off-premises contract has the right to withdraw from it without giving any reason within 14 days. For this purpose, please contact us by e-mail: [email protected] – The returned goods may not be packed in the original packaging, but they cannot bear traces of use. – The seller returns the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him   VIII. Complaints about the Goods Applies to the Customer who is a Consumer: We are obliged to deliver goods free from defects. The statutory liability law for defects in the sold item (warranty for defects) applies to the extent specified in art. 556 and art. 556 [1] -556 [3] and subsequent of the Civil Code. Complaints may be submitted: – in writing to the following address: OH Babe ul. Majowa 20 05-300 Targówka – via e-mail to the following address: [email protected] – or using the contact form available on the Store’s website. In the case of exercising the rights under the warranty – if we deem it necessary to consider the complaint, you are obliged to deliver the defective goods at our expense to the above-mentioned postal address. If, due to the type of goods or the method of their installation, the delivery of the goods would be excessively difficult, you are obliged to make them available to us at the place where they are located. We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission. We are responsible under the warranty if a physical defect is found within two years from the date of delivery of the goods to you. In the event that the subject of sale is a used movable item, the liability under the warranty is one year from the date of its release. In the submitted complaint, it is recommended to (1) provide information on the subject of the complaint, in particular the type and date of the defect; (2) specification of a request regarding the method of removing the defect (replacement of the goods with a new one, repair of the goods, price reduction, withdrawal from the contract – if the defect is significant); and (3) providing the contact details of the person submitting the complaint – this will facilitate and speed up the consideration of the complaint by the Store. The recommendations set out in the preceding sentence are only non-binding guidelines and in no way affect the effectiveness of complaints submitted without providing the recommended information. Applies to a Customer who is not also a Consumer: In the case of a Sales Agreement concluded with a Customer who is not also a Consumer, pursuant to art. 558 § 1 of the Civil Code, the Online Store’s liability under the warranty for defects in the Goods is excluded. This exclusion is ineffective if we insidiously conceal the defect X. Complaints regarding the provision of electronic services 1. ohbabe.pl takes steps to ensure that the Online Store works properly, to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers within a reasonable time. 2. The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Please report any irregularities related to the functioning of the Store by e-mail to the following address: [email protected] 3. In a complaint regarding irregularities related to the functioning website of the Online Store, please indicate the type and date of the irregularity. 4. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission. XI. Out-of-court ways of dealing with complaints and redress 1. Please be advised that there are possibilities of using out-of-court complaint and redress procedures. Their use is voluntary and may only take place if both parties to the dispute agree to it. – The consumer may request the initiation of proceedings for the out-of-court resolution of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended). – The consumer may also apply for a dispute regarding the concluded Sales Agreement to be examined by a permanent arbitration court operating at the appropriate voivodeship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended). – The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at: http://ec.europa.eu/consumers/odr/. 2. Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use extrajudicial means of dealing with complaints, redress and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the Internet address: https: // uokik .gov.pl / spory_konsumenckie.php. XII. Final Provisions 1. The competent court for resolving disputes with Consumers is the court having jurisdiction over the applicable provisions of the Code of Civil Procedure. 2. Settlement of any disputes arising between ohbabe.pl and a customer who is not a consumer is subject to the court having jurisdiction over our seat. 3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (uniform text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any conflict of these Regulations with the rights of customers and provisions resulting from generally applicable provisions, generally applicable provisions of Polish law shall apply.