The following Regulations define the general terms of sale in the deLIGHTandmagic online store available at https://delightandmagic.com/, run by EVERMERRY – Z&A GARBIŃSCY SPÓŁKA JAWNA, Zabrodzka 1N/5, Wrocław 52-336, NIP: 8992588436, REGON: 02042685800000, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000269744.
1. THE SCOPE OF APPLICATION OF THE REGULATIONS
The Regulations apply to all orders placed by Consumers and Entrepreneurs via our online store.
The consumer is in accordance with art. 22 of the Civil Code, a natural person performing a legal transaction with an entrepreneur not directly related to his business or professional activity.
According to art. 43 of the Civil Code, a natural person, a legal person, and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
Other or supplementary Regulations and General Commercial Terms and Conditions used by Entrepreneurs do not apply – they will become part of the contract only if we give the express, written consent.
2. CONCLUSION OF THE AGREEMENT
The sales contract is concluded with EVERMERRY – Z&A GARBIŃSCY SPÓŁKA JAWNA.
The presentation of products and services in our online store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. In order to make an offer to purchase products or book services, you must place an order. Using the mechanisms available in our store, you can add selected products/services to the shopping cart and submit a purchase/reservation offer. The shopping cart and the data entered in the forms can be modified before placing the order using the available functionalities and messages appearing during the ordering process. By clicking the button confirming and finalizing the order on the page with the order summary, you place an order for the products or services in the basket.
After placing your order, you will receive an automatically generated system-generated e-mail confirming that your order has been registered. This message is not tantamount to a declaration of acceptance of your offer and the conclusion of a sales contract. The sales contract is concluded after verifying whether the order can be accepted for execution and acceptance of your offer, which takes place via a separate e-mail with information about the approval of the order for execution. Upon receipt of such a statement by you, a sales contract is concluded.
3. LANGUAGE AND PRINCIPLES OF RECORDING THE AGREEMENT
The sales contract can be concluded in Polish and English
We save the content of the contract and send you the order details and our Terms and Conditions by e-mail. You can also check your order information through your customer account. The Regulations are also made available on the website of our online store in a way that allows you to obtain, reproduce and record the content.
The following payment methods are available to you in our online store:
- Electronic payments (e-payments) via an online payment service.
- Payment by traditional bank transfer to our store’s bank account. If you choose this form of payment – after placing the order, we will send you via e-mail data for the transfer. The execution of the order will start after the total amount of the required payment for the order is credited to our account.
Detailed information on possible methods of payment, including online payment services integrated with our store and available types of e-payments as well as possible additional costs, are presented during the ordering process and on our store’s website in a special information tab on payment methods.
5. RIGHT TO WITHDRAW FROM THE CONTRACT
You have a statutory right to withdraw from the contract.
6. RESERVATION OF OWNERSHIP
The products ordered in the store remain our property until full payment of the sale price.
7. WARRANTIES, GUARANTEES, AND SELLER’S LIABILITY
Applies to Consumers: We are obliged to deliver products (items) free from defects. The statutory right of liability for defects in the sold item (the so-called warranty for defects) applies to the extent specified in art. 556 and subsequent of the Civil Code. We are liable under the warranty if a physical defect is found within two years from the date of delivery of the item to you. If the subject of the sale is a used movable item, the liability under warranty is one year from the date of its release.
Complaints can be made:
- via e-mail to the address: firstname.lastname@example.org
- in writing to the address: EVERMERRY – Z&A GARBIŃSCY SPÓŁKA JAWNA, Zabrodzka 1N/5, 52-336 Wrocław
We undertake to respond to the complaint immediately, no later than within 14 days from the date of its submission. In the case of exercising the rights under warranty – if we deem it necessary to consider the complaint, you are obliged to deliver the defective item to the above-mentioned postal address at our expense. If due to the type of item or the method of installation, its delivery would be excessively difficult, you are obliged to make the item available to us at the place where it is located.
Information on any additional warranty and its detailed conditions are always attached to the product and available on the information pages of the online store.
Applies to Entrepreneurs (except for natural persons concluding an agreement directly related to their business activity, when the content of this agreement shows that it is not of a professional nature for these persons within the meaning of Article 556 (4) of the Civil Code – so-called “entrepreneurs-consumers” ): warranty rights are lost if you did not examine the goods in time and in the manner accepted for items of this type and did not immediately notify us of the defect, and if the defect came to light only later – if you did not notify us immediately after its discovery. In the absence of notification of a defect, the goods are deemed to have been accepted. Complaints can be submitted electronically and in writing to the address indicated above. We are liable only for typical damages foreseeable at the time of concluding the contract and their normal consequences, we are not liable for lost profits. In relation to entrepreneurs (with the exception of the so-called “consumer entrepreneurs”), our liability, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims jointly – to the amount of the price paid and delivery costs for the sales contract concluded with us.
Our customer service is at your disposal: from Mon to Fri from 8:00 to 16:00
8. SERVICES PROVIDED ELECTRONICALLY
We take all necessary actions to ensure the fully correct operation of the website and interface of our online store to the extent that results from the current technical knowledge, and we undertake to remove any irregularities and technical problems reported by users within a reasonable time. The above also applies to the possibility of subscribing to the newsletter or the optional possibility of setting up a customer account – if these services are provided as part of our store. You can notify us of any detected irregularities or interruptions in the functioning of the website and services of our online store via the contact details indicated in the point above. In a complaint regarding irregularities related to the technical functioning of the online store website, please indicate the type and date of the irregularity.
9. OUT-OF-COURT RESOLUTION OF DISPUTES
Please be advised that Consumers have the option of using an out-of-court method of dealing with complaints and pursuing claims. Information on how to access the above. the mode and procedures for settling disputes can be found at the following address: www.uokik.gov.pl in the “Amicable resolution of consumer disputes” tab.
In addition, at the address: http://ec.europa.eu/consumers/odr, consumers have access to an online platform for settling consumer disputes (the so-called ODR platform). The ODR platform is a multilingual, interactive website for servicing Consumers and entrepreneurs seeking out-of-court settlement of disputes arising from the conclusion of a distance sales contract or contract for the provision of services.
The use of the above out-of-court means of pursuing claims and settling disputes is voluntary and may only take place if both parties to the dispute (consumer and seller) agree to it.
We undertake to use the out-of-court resolution of disputes with Consumers within the meaning of the Act of 23 September 2016 on out-of-court resolution of consumer disputes. The entity authorized for the out-of-court resolution of disputes between our company and the Consumer is the Provincial Inspectorate of Trade Inspection in Wrocław, ul. Ofiar Oświęcimskich 15A, 50-069 Wrocław, https://wiih.ibip.wroc.pl/public/.
10. FINAL PROVISIONS
None of the provisions of these Regulations is intended to violate the statutory rights of the Consumer. In the event of any discrepancies between the provisions of these Regulations and the rights of Consumers resulting from generally applicable regulations – in place of the challenged provisions of the Regulations, statutory regulations will always apply.
If you are an Entrepreneur, Polish law applies to all contracts concluded with us, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are an Entrepreneur, a legal person under public law, or a separate public-legal entity, the court with exclusive jurisdiction to settle all disputes arising from contractual relations between you and us will be the court competent for our registered office. The preceding sentence does not apply to natural persons concluding a contract directly related to their business activity when the content of this contract shows that it is not of a professional nature for these persons within the meaning of Art. 556 (4) of the Civil Code.