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Terms and conditions
Conclusion of the contract between the Buyer and the Seller may take place in two ways.
The Buyer has the right, before placing the order, to negotiate all terms of the contract with the Seller, including those amending the provisions of the following regulations. Negotiations, these should be conducted in writing and directed to the address of the Seller (DHJ Daria Romankiewicz-Hańska, ul. Zachodnia 3/3, 65-552 Zielona Góra)
In the event of the Buyer's resignation from the possibility to conclude a contract by way of individual negotiations, the following terms and applicable law shall apply.
REGULATIONS
§1 Definitions
- Personal Data Administrator:
DHJ Daria Romankiewicz-Hańska
ul. Zachodnia 3/3
65-552 Zielona Góra
NIP: 929 179 79 81, REGON: 081182587
2. Postal address - name and surname or name of the institution, location in the town (in the case of a town divided into streets: street number, apartment or flat number, in the case of a town not divided into: streets and city number), postal code and town.
3. Complaint address:
DHJ Daria Romankiewicz-Hańska
ul. Leśna 1/17
65-794 Zielona Góra
4. Price list of deliveries - located at the address en.happymess.co/page/delivery-and-payments a list of available delivery types and their costs.
5. Contact details:
DHJ Daria Romankiewicz-Hańska
ul. Leśna 1/17
65-794 Zielona Góra
e-mail: hi@happymess.co
telephone: +48 519 761 114
6. Personal data - all information regarding an identified or identifiable natural person. The information is not considered to enable identification of a person if it would require excessive costs, time or activities.
7. Sensitive data - personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious affiliation, party or trade union status, as well as data on health status, genetic code, addictions, sex life, convictions, decisions on punishment and penal fines, as well as other judgments issued in court or administrative proceedings.
8. Delivery - type of transport service along with the specification of the carrier and the cost mentioned in the delivery price list located at the address en.happymess.co/page/delivery-and-payments
9. Proof of purchase - an invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.
10. Product card - a single store subpage containing information about a single product.
11. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making a purchase directly related to its business or professional activity.
12. Civil Code - Civil Code Act of April 23, 1964, as amended.
13. Code of good practice - a set of rules of conduct, and in particular ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
14. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
15. Basket - a list of products made from the products offered in the store based on the Buyer's choices.
16. Buyer - both the Consumer and the Customer.
17. Place of delivery - postal address or collection point indicated in the order by the Buyer.
18. Moment of passing of goods - the moment when the Buyer or a third party designated by him to take possession will take possession of the item.
19. ODR internet platform - an EU website based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online system for the resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and the Directive 2009/22 / EC and available at https://webgate.ec.europa.eu/odr
20. Payment - method of payment for the subject of the contract and delivery mentioned at en.happymess.co/page/delivery-and-payments
21. Authorized entity - an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended.
22. Privacy policy - rules of processing by the Administrator of Personal Data of the personal data of Buyers, rights of Buyers and duties of the Data Administrator, which is located at: en.happymess.co/page/privacy-policy
23. Consumer law - consumer rights act of 30 May 2014.
24. Product - the minimum and indivisible number of items that can be the subject of the order and which is given in the Seller's shop as a unit of measure in determining its price (price/unit).
25. Subject of the contract - products and delivery subject to the contract.
26. Subject of the benefit - subject of the contract.
27. Pick up point - place of issue of a non-postal address mentioned in the list provided by the Seller in the store.
28. UOKiK Register - register of authorized entities kept by the Office of Competition and Consumer Protection based on the Act on Out-of-court resolution of consumer disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
29. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC
30. Item - a movable thing which may or may be the subject of a contract.
31. Shop - internet service available at en.happymess.co, via which the Buyer can place an order.
32. Seller:
DHJ Daria-Romankiewicz Hańska
ul. Zachodnia 3/3
65-552 Zielona Góra
NIP: 929 179 79 81, REGON: 081182587
registered and visible in the CEIDG register at:
https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=8e8aef59-7043-4cc1-9971-f92fd34ddcee
BANK ACCOUNT: 08 2490 0005 0000 4600 1611 2370
33. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.
34. Completion date - number of hours or working days provided on the product card.
35. Contract - an agreement concluded outside the business premises or remotely within the meaning of the Act on consumer rights of 30 May 2014 in the case of the Consumer and a sales agreement within the meaning of art. 535 of the Civil Code of April 23, 1964 for Buyers.
36. Defect - both physical and legal defect.
37. Physical defect - non-conformity of the item sold with the contract, in particular if the item:
a. it has no properties that this kind of thing should have because of the purpose in the contract marked or resulting from the circumstances or destination;
b. does not have properties the existence of which the Seller has provided to the Consumer,
c. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
d. has been delivered to the Consumer in an incomplete state;
e. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
f. it does not have the characteristics provided by the manufacturer or his representative or the person who places the product on the market as part of his business and a person who, by placing his or her name, trade mark or other distinguishing sign on the item, presents itself as a producer, unless the Seller did not know these assurances or, judiciously, could not know or they could not affect the consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
38. Legal defect - the situation when the item sold is owned by a third party or is encumbered with the right of a third party, and if the limitation in the use or disposal of an item results from a decision or ruling of the competent authority.
39. Order - Buyer's declaration of intent made through the store, clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of goods, details of the Buyer and aiming directly at concluding an agreement between the Buyer and the Seller.
§2 General conditions
1. The contract is concluded in English, in accordance with Polish law and these regulations.
2. The place of delivery must be on the territory of the European Union.
3. The seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All deadlines are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.
6. Confirmation, disclosure, consolidation, security of all material terms of the contract in order to gain access to this information in the future takes place in the form of:
a. order confirmation by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to self-download the regulations and pattern waiver agreement;
b. to attach to the completed order, sent to the indicated place of issue of printed items: a proof of purchase, information about the right to withdraw from the contract, these regulations, a model withdrawal form.
7. The Seller informs about the guarantees granted to him by third parties for products in the store.
8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he concluded with a third party providing for him a specific service enabling remote communication.
9. The Seller provides the Buyer using the system with the correctness of the store's operation in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of over 1024 px. Using third party software affecting the functionality and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get the full functionality of the en.happymess.co store, you should disable them all.
10. The Buyer may use the option of remembering his data by stores to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and to protect against unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account at any time.
11. The Seller applies to the Code of Good Practice.
12. The buyer is obliged to:
a.a. not supplying or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
a.b. using the store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
a.c. not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the store,
a.d. using the store in a way that is not inconvenient for other Buyers and for the Seller,
a.e. use of all content contained within the store only for personal use,
a. f. use the 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 netiquette.
§3 Conclusion of the contract and implementation
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should perform at least the following steps, some of which can be repeated many times:
a. adding a product to the basket;
b. choosing the type of delivery;
c. choosing the type of payment;
d. selection of the place of pickup of the item;
e. placing an order in the store by using the "Order and pay" button.
3. Conclusion of the contract with the consumer takes place at the moment of placing the order.
4. The Customer's order for cash on delivery takes place immediately, and orders payable by bank transfer or via electronic payment system after posting the Consumer's payment on the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to meet the requirements with no fault of his and informed the Seller about it.
5. Conclusion of the contract with the Customer takes place at the time of acceptance of the order by the Seller, about which he informs the customer within 48 hours of placing the order.
6. The Customer's order is payable on delivery, immediately after the conclusion of the contract, and the order paid by bank transfer or through the electronic payment system after the conclusion of the contract and the payment of the Customer's account credited to the Seller's account.
7. The fulfillment of the Customer's order may depend on the payment of all or part of the value of the order or obtaining the merchant credit limit at least the value of the order or the Seller's consent for sending the order on delivery (payable upon delivery).
8. Sending the subject of the contract takes place within the period specified on the product card, and for orders placed from many products in the longest term from the products specified on the cards. The period starts from the moment the order is processed.
9. The purchased subject of the contract is, along with the sales document selected by the Buyer, sent to the place of delivery of the item selected by the Buyer, selected by the Buyer in the order, along with attached attachments referred to in § 2 point 6b.
§4 The right to withdraw from the contract
1. The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
2. The deadline to withdraw from a distance contract is 14 days from the date of delivery of the item, and it is sufficient to send a statement before its expiry.
3. The declaration on withdrawal from the contract may be submitted by the Consumer on a form, the model of which is attached as Annex 2 to the Consumer Law, on the form available at en.happymess.co/page/returns-exchanges-and-complaintsor in a different form consistent with the Consumer Law.
4. The Seller shall confirm to the Consumer by e-mail (provided at the conclusion of the contract and another, if given in the submitted statement) receipt of the statement of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered non-concluded.
6. The consumer is obliged to return the item to the Seller immediately, but not later than within 14 days from the day on which he withdrawn from the contract. To meet the deadline, it is enough to send back the items before its expiry.
7. The consumer sends back the items being the subject of the contract, from which he resigned at his own expense.
8. The consumer does not bear the costs of providing digital content that is not recorded on a tangible medium, if he did not agree to the performance before the deadline to withdraw from the contract or was not informed of the loss of his right to withdraw from the contract at the time of such consent or the entrepreneur did not provide confirmation in accordance with art. 15 para. 1 and art. 21 par. 1. Consumer law.
9. The consumer is liable for the decrease in the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
10. The Seller shall promptly, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer return to the Consumer all payments made by him, including the cost of delivering the goods to the Consumer, and if the Consumer chose the delivery method other than the cheapest usual method of delivery offered by the Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different payment method which does not involve any costs for him.
12. The Seller may withhold reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
13. The consumer, pursuant to Article 38 of the Consumer Law, shall not be entitled to withdraw from the contract:
a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract;
b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
c. in which the object of the service is an item subject to rapid deterioration or having a short shelf-life;
d. in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
e. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
f. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
g. for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the Consumer's explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract;
h. for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement.
§5 Warranty
1. The Seller pursuant to art. 558§1 of the Civil Code completely excludes liability to customers due to physical and legal defects (warranty).
2. The Seller is liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent indemnities (warranty).
3. In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time the danger passed to the Consumer.
4. The Consumer, if the item sold has a defect, may:
a. submit a statement requesting a price reduction;
b. submit a statement of withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective product for a defect-free one or removes the defect. However, if the item was already replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect, he is not entitled to replace the item or remove the defect.
5. Consumer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in a manner chosen by the Consumer is impossible or would require excessive costs compared to the proposed method by the Seller, while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
6. The consumer cannot withdraw from the contract if the defect is irrelevant.
7. The consumer, if the sold item has a defect, may also:
a. demand the exchange of things for something free from defects;
b. request removal of the defect.
8. The Seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.
9. The Seller may refuse to satisfy the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.
10. If the defective item has been installed, the Consumer may demand the disassembly and re-installation after replacement for a defect-free one or removal of the defect, however, he is obliged to pay some of the related costs in excess of the price of the sold item or may demand payment from the Seller part of the costs of disassembly and reassembly, up to the price of the item sold. In the event of failure to fulfill the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
11. The Consumer who exercises the rights under the warranty is obliged to provide the defective item to the address of the Seller at the expense of the Seller, and if due to the type of thing or the method of its installation, delivery of things by the Consumer would be excessively difficult, the Consumer is obliged to provide the Seller with the place in which the thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to send back the items at the expense and risk of the Seller.
12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
13. The Seller is obliged to accept from the Consumer a defective item in the event of replacing the item with a non-defective one or withdrawing from the contract.
14. The Seller shall, within fourteen days, respond to those based on art. 5615 of the Civil Code: statements about a demand to reduce the price, requesting the exchange of things for a defect-free one, demand for removal of the defect. The seller within thirty days (Article 7a of consumer law) will refer to any other statement of the Consumer, which does not concern the fourteen day period specified in the Civil Code.
Otherwise, it is considered that he considered the Consumer's statement or demand justified.
15. The seller is liable under the warranty if the physical defect is found before the expiry of two years from the moment of handing the item to the consumer, and if the object of sale is used before the expiry of one year to the consumer.
16. The claim of the consumer for removing the defect or exchanging the item sold for free from defects expires after one year, counting from the date of finding the defect, but not earlier than within two years from the date of dispatch to the Consumer, and if the object of sale is used within one year from the moment the item is delivered to the Consumer.
17. In the event that the period of usability of the item determined by the Seller or the manufacturer ends after two years from the delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of this item stated before the expiry of that period.
18. Within the time limits set out in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or price reduction due to a physical defect of the item sold, and if the Consumer requested replacement of the item for free from defects or removal of defects, the deadline for filing a statement about withdrawal from the contract or reduction of the price starts with the ineffective expiry of the deadline for replacing the item or removing the defect.
19. In the event of an investigation before a court or arbitral tribunal of one of the rights under the warranty, the time limit for exercising other rights due to the Consumer under this warranty shall be suspended until the final conclusion of the proceedings. Accordingly, it also applies to mediation proceedings, while the deadline for exercising other rights under the warranty vested in the Consumer begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.
20. For the exercise of rights under the warranty, the legal proceedings of the sold item are applied §5 points 15-16, except that the period begins from the day on which the consumer learned of the defect, and if the consumer learned of the defect only as a result Third-party proceedings - from the date on which the decision issued in a dispute with a third party became final.
21. If, due to a defect of things, the Consumer submitted a statement of withdrawal or price reduction, he may demand compensation for the damage he suffered because he concluded the contract, not knowing about the defect, even if the damage was due to circumstances for which the Seller is not responsible liability and, in particular, may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the items, reimbursement of expenditures to the extent that they did not benefit from them, and did not receive them from a third party and reimbursement of the process costs. This does not prejudice the provisions on the obligation to repair damage on general principles.
22. The expiration of any deadline for finding a defect does not exclude the exercise of rights under the warranty if the seller has concealed the defect veiled.
23. The Seller, if it is obliged to provide or provide financial support to the Consumer, will perform them without undue delay, no later than the period provided for in the law.
§6 Privacy policy and personal data security
1. The Personal Data Administrator shall be responsible for the lawful processing of personal data, and the rules for the collection, processing and storage of personal data, as well as the rights of the Buyer related to his personal data.
2. The Personal Data Administrator shall process personal data of the Buyers on the basis of their consent and in relation to the legitimate interests of the Seller.
3. The Personal Data Administrator collects and processes personal data only to the extent that it is justified by a contractual or legal obligation.
4. The consent of the Buyer to the processing of personal data is voluntary, and consent to the processing of data for a specific purpose may be withdrawn at any time.
5. For the needs of the Buyer's order, the following personal data are collected:
a. postal address - necessary to issue a proof of purchase;
b. place of delivery - necessary to address the parcel;
c. e-mail - necessary for communication related to the implementation of the contract;
d. telephone number - necessary for the selection of some types of delivery
6. Detailed solutions in the scope of personal data protection related to placing an order, but also using the store before and after placing an order are included in the privacy policy.
§7 Final conclusions
1. None of the provisions of these Regulations is intended to infringe the Buyer's rights. It cannot be interpreted in this way, because in the event of any incompatibility of any part of the regulations with applicable law, the Seller declares unconditional subordination and application of this right in place of the challenged provision of the regulations.
2. The registered Buyers will be notified via e-mail about the changes to the regulations and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adjust the regulations to the applicable legal status.
3. The current version of the regulations is always available to the Buyer in the rules tab (en.happymess.co/page/terms-and-conditions). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him during placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.
4. In matters not covered by these regulations, the applicable legal provisions shall apply. Disputed issues, if the Consumer expresses such a wish, are solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use the equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. through the EU ODR online platform or by selecting any authorized entity from among the UOKiK in the register. The seller certifies the intention and consents to the out-of-court resolution of the consumer dispute.
As a last resort, the matter is settled by the local and substantive court.