Terms & Conditions of the Online Shop

www.annaheart.pl

 

§ 1

Initial Provisions

  1. Anna Heart online shop available at www.annaheart.pl  is run by Be Yourself sp Zoo registered in the Central Registration and Information on Business, with NIP [Tax Identification Number] 5542966871 and KRS [National Court Register] 0000735839, REGON [State Statistical No.]: 380469870
  2. The Terms and Conditions are directed to the Consumers and Entrepreneurs and determine the types and conditions of provision of services via electronic means by Anna Heart, hereinafter referred to as the Seller, conditions of conclusion and termination of contracts of provision of such services as well as the grievance procedure. The Terms and Conditions are also directed to Entrepreneurs and determine rules and mode of conclusion of the Sales Contract with the Entrepreneur via the Shop.

 

§ 2
Definitions

 


Definitions used in the Terms and Conditions should be understood in the following way:

 

  1. Shop – online shop run by the Seller at www.annaheart.pl
  2. Seller– BE YOURSELF SP ZOO . with its registered office in, registered in the Central Registration and Information on Business, with NIP 5542999871 and KRS 0000735839
  3. Client– every entity which uses the services and functions of the Shop and, in particular, the one making purchases via the Shop
  4. Consumer– a natural person who concludes a contract with the Seller within the Shop, the subject of which is not directly connected with the business or professional activity.
  5. Entrepreneur– the Client conducting business activity as per the provisions of the Entrepreneurs Act of 6 March 2018.
  6. Order – declaration of will of the Client submitted through the Order form and aiming directly at the conclusion of the Product(s) Sales Contract with the Seller.
  7. Product– a product available in the Shop or a service being the subject of the Sales Contract between the Client and the Seller.
  8. Cart– Shop’s software component, in which the Products the Client selected for purchase are visible and which features an option to set and modify Order details, in particular the number of products.
  9. PaymentoperatorTpaypayment system belonging to Krajowy Integrator Płatności S.A. with its registered office at: ul. Św. Marcin 73/6, 61-808 Poznań, NIP: 7773061579, REGON [National Official Business Register]: 300878437, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Poznań, 8th Commercial Division of the National Court Register, under KRS number: 0000412357
  10. Contract– a contract concluded remotely with the Client within an organised system of remote contract conclusion (as part of the Shop), without simultaneous physical presence of the Parties, with exclusive use of one or more means of remote communication, until such a contract is concluded.
  11. Account– the account of the Client in the Shop, it stores the data provided by the Client as information about the Orders placed by the Client in the Shop
  12. Registrationform– the form available in the Shop, enabling the creation of an Account
  13. Orderform– the interactive form available in the Shop enabling placement of the Order, in particular by adding Products to the electronic cart and determining the conditions of the Contract concluded remotely, including the method of delivery and payment
  14. Terms and Conditions– these Terms and Conditions of the Shop

§ 3

Contact with the Shop

 

  1. The Client can contact the Seller in particular:
    1. via e-mail at: be@annaheart.pl
    2. in writing at: Sowińskiego 14/1 Bydgoszcz 85-084
    3. and by telephone at: 606689799, from 9 am to 3 pm on working days.
  2. The Seller’s bank account number: 92116022020000000355011388

 

 

§ 4

Technical Issues

1. To use the Shop, including browsing the product range of the Shop and placing orders for Products, the following items will be necessary:

  1. end device with Internet access and Internet browser, and
  2. an active e-mail account.

2. The Seller, in the widest extent permitted by law, is not liable for disturbances, including interruptions in the operation of the Shop, caused by force majeure, illicit activity of third parties or incompatibility of the online Shop with the Client’s technical infrastructure.

3. The Seller is entitled to a maintenance break in the operation of the Shop, necessary for the planned, current service and maintenance of the Shop’s server and software. In case of a planned break, the Clients will be explicitly informed about it on the Shop’s website.

 

§ 5

General Information

 

  1. Browsing the Shop’s offered products does not require an Account to be created. The Client can place orders for the Products offered in the Shop either after they create an Account according to the provisions of § 6 of the Terms and Conditions or provide the necessary personal data and address details enabling the performance of the Order without a created Account.
  2. All prices in the Shop are expressed in Polish zloty and are gross prices.
  3. The total amount to be paid by the Client includes the price for the Product and the cost of delivery (if the Product requires physical delivery), about which the Client is informed on the Shop’s website when placing the Order, including when expressing the will to conclude a Sales Contract.

§ 6

Creating an Account in the Shop

 

  1. In order to create an Account in the Shop, the Registration form should be filled. It is required to provide the following data: the Client’s name and surname, address, telephone number and e-mail address.
  2. Logging in the Account takes place after provision of the login and password established in the Registration form.
  3. An Account is created in the Shop free of charge.
  4. The Client has an option, at any time and without the need to provide any reason or pay any charges, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the address provided in § 3.

 

§ 7

Rules of Order Placement

In order to place an Order, the following is to be done:

1. If the option to place and Order without registration was selected, the following is to be done:

  • select the Product being the subject of the Order and press button “Add to Cart”, add other Products to the cart, go to the cart using button “Go to Cart” and, after completion of the product selection, click button “Proceed to Checkout”,
  • fill the Order form, entering the data of the Order recipient and address to which the Product is to be delivered,
  • enter invoice data,
  • select one of the available method of payment and press button “Purchase and Pay”,
  • confirm the order by making payment by the specified time, in the manner selected earlier, subject to § 8 point 3.

2. If the option to place and Order with registration (creation of the Account) was selected, the following is to be done:

  • fill the Order form when ordering for the first time, entering the data of the Order recipient and address to which the Product is to be delivered and tick box “Create an Account”,
  • when placing subsequent orders, log in the Shop,
  • enter the invoice data if they are different than the Order recipient’s data,
  • select one of the available methods of payment and press the button “Purchase and Pay”,
  • confirm the order by making payment by the specified time, in the manner selected earlier.

 

§8


Offered Delivery and Payment Methods

  1. The Client can use the following methods of delivery or receipt of the ordered Product:
  2. in case of intangible products – delivery via e-mail
  3. in case of tangible products:
  • currently there are no such products in the Shop
  1. The Client can select one of the following methods of payment: electronic payments,
  2. Detailed information about the methods of delivery and the accepted methods of payment can be found on the Shop’s website and in the order form.

 

§9


Performance of Sales Contract

 

  1. In order to purchase an electronic product or service, the Client is to do the following steps:
  • add a Product to the cart, clicking button “Add to Cart”,
  • from the cart’s view, click button “Proceed to Checkout”,
  • fill the Order form by providing the required data and selecting the method of payment,
  • read and accept the Terms and Conditions,
  • click button “Purchase and Pay”.
  • Filling the order form is equivalent to granting consent for provision of digital content in form of document templates before the lapse of time limit for the withdrawal from the contract concluded remotely as well as to the confirmation of resignation from the right to withdraw from the contract.
  1. After clicking the button “Purchase and Pay”,
  • when paying with a wire transfer to the Seller’s bank account, the Client will be redirected to the website confirming the receipt of the order.
  • when paying via electronic payments, the Client will be redirected to the website of the selected Payment operator in order to pay the price for the selected Products.
  1. After effective payment, the Client will be redirected to the website with confirmation of the purchase. The confirmation of purchase will also be sent to the Client to the e-mail address provided in the order form.
  2. At the moment of making payment, the Contract is considered to be concluded between the Client and the Seller.
  3. The Product will be delivered and the service will be provided in the manner and on the date indicated in the description of the given Product placed in the Shop.

 

§10


Complaints

  1. Bearing in mind the good practices and legitimate interests of Clients, in the event of reservations as to the substantive content of the Product, the Customer has the right to lodge a complaint.
  2. The Client lodges a complaint in written form to the selected address provided in §3 of the Terms and Conditions within non-extendible time limit of 7 days from the delivery of the Product to the Client by the Seller.
  3. A complaint is to contain specific substantive reservations along with justification.
  4. The time limit for the Seller to consider the complaint is 14 working days from the date of receipt of the complaint by the Seller.
  5. If the complaint of the Product is recognised, the Seller will perform the Service again or deliver a new Product without charging any additional charges. In case it is not possible, the Seller will reimburse the Client for the charges is paid for the order.

 

§11


Right to Withdraw from the Contract

 

  1. The Client who is a consumer who concluded a remote contract with the Seller can withdraw from the Sales Contract without providing any reasons within 14 days.
  2. The right to withdraw from the Contract concluded remotely is not available to the Consumer in relation to a Contract of supply of digital content which is not recorded on a tangible data carrier if the provision of the service began by express consent of the Consumer before the lapse of the time limit for the withdrawal from such a contract and after the Seller informed them about the loss of the right to withdraw from the Contract.
  3. In order to withdraw from a contract, the Client must inform the Seller about the intent to withdraw from it by way of a written declaration of will sent by e-mail or mail to the address provided in the §3 of the Terms and Conditions.
  4. The Client can use the template for the form of withdrawal from the contract to this end; the template is available at: www.annaheart.pl/en/form-of-withdrawal-from-the-contract/ However this is not required.
  5. Information about withdrawal from a contract must be sent before the lapse of the time limit for withdrawal from the contract.
  6. If the contract is withdrawn from, the Seller will return all of the Client’s payments immediately and not later than 14 days from the date on which the Seller was informed about the withdrawal from the Contract by the Client. The Seller will refund the payments using the same methods of payment that were used by the Client in the original transaction unless the Consumer expressly granted consent to a different solution that will not involve any costs for them.

 

§12


Out-of-Court Methods of Complaint Consideration and Pursuit of Claims

 

  1. The Seller agrees to referring any disputes arising in connection with the contracts concluded remotely to mediation. Details will be specified by the Parties to the conflict.
  2. The Consumer has the following example possibilities to use out-of-court measures for considering complaints and pursuing claims. Inter alia, the Consumer has the option to do the following:
  • to refer to the permanent consumer business court with a petition to settle the dispute resulting from the contract concluded with the Seller,
  • to appeal to the Voivodship Inspectorate of Trade Inspection with an application to initiate mediation proceedings regarding amicable settlement of a dispute between the Consumer and the Seller,
  • to use the free-of-charge support in the matter of settling a dispute between them and the Seller, also using free support of the Poviat (municipal) consumer ombudsman or social organisation the objects of which include the protection of consumers (e.g. The Polish Consumer Federation or the Association of Polish Consumers).
  • The Client has the right to use out-of-court methods to consider complaints and pursue claims. For this purpose they can lodge a complaint via the EU online ODR platform available at http://ec.europa.eu/consumers/odr.
  1. Detailed information regarding the Consumer’s option to use the out-of-court methods to consider complaints and pursue claims and rules of access to these procedures are available in the registered offices and on websites of the Poviat (municipal) consumer ombudsmen and social organisations the objects of which include protection of consumers, Voivodship Inspectorates of Trade Inspection and at the websites of the Office for Competition and Consumer Protection.

 

§13


Personal Data and Cookies

Rules of personal data processing and use of cookies are described in the Privacy and Cookies Policy available at www.annaheart.pl/en/privacy-policy/

 

§14


Final Provisions

  1. The contracts concluded via the online Shop are concluded in Polish.
  2. The Terms and Conditions enter into force on the day of their publication in the Shop.
  3. The Seller reserves the right to make changes in the Terms and Conditions for important reasons, i.e.: change in provisions of the law, change in the methods of payment and delivery, to the extent in which those changes affect the performance of the provisions of these Terms and Conditions. Such changes enter into force on the day of their publication in the Shop.
  4. Contracts concluded prior to a change in the Terms and Conditions are regulated by the version of the Terms and Conditions in force at the date of conclusion of those contracts.
  5. Matters not governed by these Terms and Conditions are regulated by the generally applicable provisions of the Polish law, including but not limited to the Civil Code,  the Act on the provision of electronic services, the Act on consumer rights and the general regulation on data protection, General Data Protection Regulation.

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