1.1. The online Shop operating at http://www.happysnow.pl/ (hereinafter referred to as the Shop) is owned by Supersnow S.A. (hereinafter referred to as the Seller), running a business under the name "Supersnow S.A.", company address: Ks. A. Siudy 11, 34-436 Maniowy NIP: 736-171-59-36 entered the Central Registration and Information on Business, kept by Minister of Economy (www.firma.gov.pl), tel: +48 519 751 678
1.2. These Regulations define the rules of using the Shop, the rights and obligations of the Seller and the Client, the rules for placing orders and concluding and terminating purchase and sale agreements regarding products offered by the Seller, as well as the rules for the execution of these contracts and the rules for complaint handling and personal data protection. These Regulations also define the rules for the provision of on-line services, which are provided only to the extent to enable customers to make purchases through the Shop.
1.3. Customers can at any time get free access to these Regulations on the website http://www.happysnow.pl/, including download and archive the content of the Regulations or print it out. The Regulations are also made available to Clients during the ordering procedure.
1.4. These Regulations are addressed both to consumers and to entrepreneurs using the Shop, except for items 7 and 8 of the Regulations, which are addressed only to Customers who are consumers, and except those provisions of the Regulations, which clearly refer to consumers.
1.5. Customers can communicate with the Seller via e-mail, as well as by telephone and in writing (contact details as in point 1.1 of the Regulations), with orders placed by customers using the order form, in accordance with the procedure provided for in point 3 of these Regulations.
1.6. All announcements, advertisements, price lists and other information posted on the websites http://www.happysnow.pl/, referring to the products posted there, do not constitute an offer within the meaning of the Civil Code, but an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
2.1. The Seller provides services electronically consisting in enabling customers to set up a user account on the Shop's website and making the order form available to the Customers on the Shop's website.
2.2 The user account service consists in enabling customers to use the Shop's resources after logging in. Creating a user account requires filling in and submitting a registration form containing: name and surname, address (if different from the main address) and e-mail address. The user account service is provided free of charge for an indefinite period. The customer may at any time, without giving any reason and at no cost, delete his user account by sending a request to the Seller to delete the account in writing or via e-mail (contact details specified in point 1.1 of the Regulations).
2.3. The order form service has been created to allow customers to place orders (declarations of will) for goods offered by the Seller via the Shop's website, in accordance with the procedure provided for in point 3 of the Regulations. The service is provided free of charge and is of a one-off nature. The service is terminated immediately after placing the order.
2.5. The Seller informs that the basic risks associated with using the service provided electronically via the Internet include interference by third parties (so-called hackers), computer viruses, Trojan horses or spam (non-ordered electronic messages sent simultaneously to many recipients). It is in the interest of every user of services provided via the Internet to install legitimate and up-to-date software that protects the user's device against the above-mentioned threats.
2.6. Customers using the Shop are obliged to refrain from any illegal activity, including from providing unlawful content and from interfering with the content of the Shop or its technical elements.
2.7. Complaints regarding services provided electronically may be reported in writing or via electronic mail (contact details indicated in point 1.1 of the Regulations). Complaints will be considered by the Seller within 14 days.
3.1. The Shop accepts customers' orders via the website http://www.happysnow.pl/. Orders can be placed 24 hours a day, 7 days a week. Placing an order by the Customer of the Shop constitutes an offer to conclude a contract for the sale of products that are the subject of the order within the meaning of art. 66 § 1 of the Civil Code.
3.2. By placing an order, one should understand the choice of the type and number of products on the website http://www.happysnow.pl/, clicking the "add to cart" icon, filling in the order form, selecting the payment and delivery method, and then confirming and sending the order by clicking the icon "Order and pay". Orders placed via the Shop entail the obligation to pay.
3.3. An essential element of the ordering procedure is the Customer's being acquainted with these Regulations and its acceptance, which the Customer confirms by ticking the appropriate box before finalizing the order. Lack of acceptance of these Regulations during the ordering procedure makes it impossible to purchase goods through the Shop and requires the terms of the transaction to be agreed in a different form.
3.4. After the Customer has submitted a correctly filled order form, the Shop immediately confirms the receipt of the order by sending the Customer an appropriate e-mail to the e-mail address provided by the Customer. Upon receipt of the above e-mail by the Customer, a purchase and sale agreement are concluded between the Customer and the Seller. This type of e-mail is at the same time a confirmation of the distance contract. The attachment to the e-mail is a PDF document containing all order data and the withdrawal form.
3.5. Contracts concluded through the Shop are concluded in Polish or other selected language.
4.1. The prices of products presented on the Shop’s websites are gross prices (ie they include all components such as customs duties and taxes, including VAT) and are given in Polish zlotys (PLN).
4.2. Goods prices given on the Shop's website do not include delivery costs. The product delivery costs (including transport, delivery and postal fees) are indicated to the Customer when placing the order, including when the customer wishes to be bound by the sales contract. The cost of delivery depends on the method of delivery chosen when placing the order. The total cost of the order, including the price of the product and the cost of delivery, is visible when summarizing the order.
4.3. The binding and final price is the price at the moment of placing the order by the Customer.
4.4. Payment for the ordered goods can be finalized by the payment forms possible to choose in the order form.
4.5. All goods ordered in the Shop are issued with fiscal receipts, invoices or VAT invoices
5.1. The delivery of the product to the customer is payable, unless the sales contract provides otherwise (see point 4.2 of the Regulations) or the customer will arrange transport or make a personal receipt.
5.2. The ordered products are delivered via courier or Poczta Polska, at the Customer's choice made when placing the order. Ordered goods are delivered - depending on the customer's choice - directly to the customer's address indicated in the order form.
5.3. Deliveries of goods ordered via the Shop are carried out on the territory of the Republic of Poland. If you wish to purchase goods with a delivery place outside of the Republic of Poland, please contact the Shop before placing an order to determine the possibility of delivery and its costs. In this case, delivery costs will be determined individually and communicated to the customer before placing an order
5.4. The delivery time is from 2 to 14 working days, counting from the order day, unless a different date is specified in the product description or when ordering.
5.5. After receiving the goods, the customer should, as far as possible, check the delivery status in the presence of the supplier. In the event of any delivery damage during transport, it is recommended to refuse delivery of the package by the customer or write in the presence of the supplier the protocol determining the condition of the shipment and the circumstances of the damage, which will significantly facilitate any complaint procedure.
6.1. The Shop is obliged to provide customers with sold items without physical or legal defects (warranty). In the case of defects in purchased goods, the Customers are entitled to the rights provided in the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, as amended), in the part referring to the warranty (art. 556 et seq.).
6.2. Complaints shall be made to the address of the Shop 's registered office referred to in point 1.1 of the Regulations. The complaint should contain the Customer's contact details, information about the type of defects and the date of their finding, the Customer's request, and in case of doubt, also some kind of confirmation of purchase of the goods in the Shop. The above complaint is in the form of a recommendation, and complaints with a different content will also be considered by the Seller.
6.3 If it is necessary to see the sold item by the Seller, the Customer who exercises the warranty under the warranty, will be obliged to deliver the item to the place marked in the sales contract at the expense of the Seller, and when not specified in the contract - to the place, where the item was issued to the Customer. If, due to the type of thing or the method of its installation, delivery of the item by the Customer would be excessively difficult, the Customer is obliged to make available the item to the Seller in the place where it is located.
6.4. The Seller will address Customer complaints within 14 days.
6.5. The Shop does not give a separate guarantee for sold products (some products may be covered by the manufacturer's warranty), as well as does not provide post-sale services.
7.1. According to art. 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827) A customer who concluded a distance contract via the Shop, may within 14 days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in points 7.4, 7.5 and 7.8 of the Regulations. The caution on the right of withdrawal, containing information on the manner and date of exercising the right of withdrawal from the contract and the costs of returning goods in the event of withdrawal from the contract, which the Customer bears, constitutes attachment No. 1 to these Regulations.
7.2. The Customer may use a withdrawal model declaration from the contract constituting an attachment to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), as well as the return form sent to the Customer's e-mail address after completing the order, however, it is not obligatory.
7.3. In the event of withdrawal from the contract, this contract is considered void. If the Customer made a statement before the Seller accepted his offer, the offer ceases to be binding.
7.4. If the Customer chose the method of delivery of the item other than the cheapest usual delivery method offered by the Seller, the Seller shall not be obliged to refund such additional costs incurred by the Customer.
7.5. The customer bears the costs of returning the items. In the case when items due to their nature (eg large-size items) can not be sent back by regular mail, the cost of returning the goods will depend on the price list of the carrier that provides the transport service.
7.6. The Customer is liable for the reduction in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of items.
7.7. The right to withdraw from a distance contract is not available to the Customer in relation to the contracts listed in art. 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), in particular:
a) in which the object of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
b) in which the object of the service is an item subject to rapid deterioration or having a short expiration date ;
c) in which the subject of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
d) in which the subject of the benefit are things that after delivery, due to their nature, are inseparably connected with other things.
7.8. If the Customer has demanded the provision of services (if such services are provided by the Seller), before the deadline for withdrawal, the Seller shall pay the amount proportional to the scope of services provided until the Customer informed the Seller of the withdrawal from this contract.
7.9. The customer should secure the returned items in such a way as to minimize the risk of damage in transit.
8.1. If the entrepreneur does not acknowledge the complaint of the Customer who is a consumer and he does not agree with his decision, he may use the available out-of-court complaint and claims methods.
8.2. In particular, the Customer may apply to the appropriate voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of a dispute between the Customer and the Seller in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended). Mediation is voluntary (both parties must agree to it), and a possible settlement of the parties must also be the result of agreement between both parties. An effective application for mediation does not guarantee that it will be carried out and its result.
8.3. The customer also has the possibility to request a settlement of the dispute arising from the sale agreement concluded by a permanent amicable consumer court at the voivodeship inspectorate of the Trade Inspection referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended). The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws 2001, No. 113, item 1214).
8.4. Detailed information on out-of-court complaints and claims procedures is also available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection and Provincial Inspectorates of Trade Inspection.
9.1. Seller processes personal data of its Customers in accordance with the provisions of the Act of August 29, 1997. on the protection of personal data (consolidated text: Journal of Laws of 2002 No. 101 item 926) and the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, as amended).
9.2. Providing personal data by the Customer is voluntary. Customers have the right to request supplementing, updating, rectifying of personal data, temporary or permanent suspension of their processing or their removal.
9.3. The administrator of personal data provided by Customers is the Seller referred to in section 1.1. Regulations.
10.1. Seller acknowledges all Consumer rights provided in the provisions of generally applicable law, in particular in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). Therefore, the provisions of these regulations are not intended to exclude or limit any consumer rights under the law. Any possible doubts should be explained in favor of consumers using the Shop. Provisions of the Regulations less favorable to the consumer than the provisions of the above acts are invalid, and in their place the provisions of this Act shall apply.
10.2. The Regulations may be amended for important reasons, in particular in the event of changes to the law. In the case of concluding a contract of a continuous nature under these Regulations, the amended Regulations bind the Customer, if the requirements set out in Art. 384 and 3841 of the Civil Code, the Customer has been properly informed about the changes and has not terminated the contract within 14 days from the date of notification. In the case of concluding agreements of a different nature than the continuous ones under these Regulations, amendments to the Regulations shall not in any way affect the rights of Customers acquired before the amendments enter into force
10.3. Appendices to the contract are: Caution on the right to withdraw from the contract, 2. Draft form of withdrawing from the contract. These annexes form an integral part of the Regulations.
10.4. The Regulations have been in force since December 25, 2014. Contracts entered into before the entry into force of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827) and these Regulations shall be governed by the previous provisions.
(Article 27 of the Act of 30 May 2014 on consumer rights)
The right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason
The deadline to withdraw from the contract expires after 14 days from the date on which you came into possession of the item or in which a third party other than the carrier and indicated by you came into possession of the item.
To exercise the right to withdraw from the contract, you must inform us (shop address: Ks. A. Siudy 11, 34-436 Maniowy, tel. +48 519 751 678 about your decision by making a clear statement (for example letter sent by post or email).
You can use the draft of withdrawal form, but it is not mandatory.
To keep the deadline to withdraw from the contract, it is enough for you to send information regarding your right to withdraw from the contract before the deadline of withdrawing from the contract.
Effects of withdrawal from the contract:
In the event of withdrawal from this contract, we will refund you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract.
We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed to a different solution; in any case, you will not incur any fees in connection with this return. We can withhold the return of the payment until receipt of the item or until evidence of its return is provided to us, depending on which event occurs first.
Please send back or give us the item immediately, and in any case no later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days.
You will have to bear the direct cost of returning the goods.
You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.
FORM OF THE WITHDRAWAL FROM THE CONTRACT
(this form should be filled in and returned only if you wish to withdraw from the contract)-
Ks. A. Siudy 11, 34-436 Maniowy
tel: +48 519 751 678
- I / We (*) hereby inform about my / our withdrawal from the contract of sale of the following things (*) contract for the supply of the following things (*) contract for a work involving the following things (*) / for the supplementation of the following service (*):
- Date of conclusion of the contract (*) / receipt (*):
- Name and surname of the consumer (s):
- Consumer (s) address:
- Consumer (s) signature: ........................................... .
(only if the form is sent in paper version)
- Date: ............................
(*) Delete as appropriate