Terms and conditions of the online shop WWW.SUAVASTORE.COM
I. GENERAL PROVISIONS
These Regulations of the online store www.suavastore.com (hereinafter referred to as the “Regulations”) define the rules on the basis of which the Seller and Customers will conclude contracts for the sale of goods at a distance by means of electronic communication, in particular e-mail, as well as via the website of the Seller, operating at www.suavastore.com. In addition, the Regulations specify the rules for the provision of electronic services by the Seller using the above-mentioned website. The Regulations are an integral part of the sales contract concluded with the Customer.
Exclusive rights to the content made available as part of the services provided via the Online Store, in particular copyrights, software and rights in the field of databases, the name of the Store (trademark), its graphic elements, are subject to legal protection and are vested in the Seller or entities with whom the Seller has concluded relevant agreements.
Customers can access these Regulations at any time free of charge via the “Regulations” tab, which is located on the Store’s website. The Regulations can be printed at any time, which may make it easier to read them.
II. DEFINITIONS OF NAMES USED IN THE REGULATIONS
Seller, Administrator – Agata Matczak, conducting business activity under the name Agata Matczak Services, at ul. Garbary 35/9 Poznan (61-868), NIP 6731869773, REGON 381193067.
Online Store – an ICT platform (information system and remote selection and purchase of Goods or the provision of services by electronic means), enabling Customers to familiarize themselves with the Seller’s Goods – which operates at www.suavastore.com and conducts mail order sales of Goods located in Poland in its current offer, owned by the Seller.
Website – a website operating at www.suavastore.com.
Days – days of the week from Monday to Friday, excluding public holidays.
Order fulfillment time – the time during which the Store will complete the order and send it in the manner selected by the Customer on the Website.
Customer – a natural person with full legal capacity or a legal person, as well as an organizational unit without legal personality, to which separate provisions grant legal capacity, making purchases in the Store on the terms set out in the Regulations.
Consumer/Consumer – a natural person making a legal transaction with the Seller not directly related to its business or professional activity.
Entrepreneur/Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
Entrepreneur/Entrepreneur with the rights of a Consumer/Consumer – means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Sales contract – means a sales contract concluded between the Customer and the Seller at a distance, on the terms set out in the Regulations.
Regulations – means these regulations.
Delivery – means the actual act of delivering the Goods specified in the order by the Seller, via the Supplier, to the Customer.
Supplier – means a courier company with which the Seller cooperates in the Delivery of Goods, as well as the Polish Post.
Password – a string of letters, numbers and special characters containing at least 8 items, determined individually by the Customer during Registration. The nature of the password is confidential and may be changed by the Client at any frequency, and the Client is solely responsible for any consequences of disclosing the Password, except for situations where the Client’s Password was disclosed due to the fault of the Administrator, in particular as a result of improper data protection.
Registration – assigning a login (e-mail address) and a password to a person who wishes to use all the functionalities of the Online Store, which will identify them. You can register by selecting the “Register” option on the Website and following the further instructions.
Good or Goods – good or goods (items), described on the Website, in relation to which the Seller has posted information about the possibility of their purchase.
III. TECHNICAL CONDITIONS FOR USING THE FUNCTIONALITIES OF THE STORE.
1. Persons wishing to use the functionalities of the Store should have hardware and software with the following minimum requirements:
a) a personal computer or mobile device (telephone, tablet) and a network card or modem enabling access to the Internet,
b) operating system Windows, Android, Mac OS or Linux with a graphical environment, a standard web browser (Internet Explorer, Mozilla Firefox , Opera, Chrome, Safari) – supporting encrypted SSL connections, Java Script applications and cookies,
c) Internet connection.
The Seller stipulates that in the event of failure to meet the above requirements, it will not be able to enable the Clients/Customers to place an order via the Website, or to carry out the contract conclusion procedure, or to perform the concluded contract.
2. W celu złożenia zamówienia w Sklepie Internetowym za pośrednictwem Strony Internetowej Sklepu oraz w celu korzystania z usług świadczonych drogą elektroniczną za pośrednictwem Strony Internetowej Sklepu, Klientka/Klient powinien posiadać aktywne konto poczty elektronicznej.
3. The basic threat to every Internet user, including persons using services provided electronically, is the possibility of infecting the ICT system by various types of dangerous software. In order to avoid the risks associated with this, the Clients should provide their computer or mobile device connected to the Internet with an antivirus program and keep it up to date. The Seller also informs that special risks related to the use of the service provided electronically, including the service referred to in the Regulations, are associated with the activity of hackers aiming at breaking into both the Seller’s and the Customer’s system. The Client/Customer hereby acknowledges that despite the Seller’s use of all available means , there is no protection fully protecting against the threats described above.
4. The Seller uses the mechanism of “cookies”, which are saved on the hard drive of their end device when the Customers use the Shop Website. The use of “cookies” is aimed in particular at the correct operation of the Store’s Website on the end devices of the Customers. This mechanism does not destroy the Client’s end device and does not cause configuration changes in the Client’s end devices or in the software installed on these devices. The customer may disable the “cookies” mechanism in the web browser of his end device. The Service Provider indicates that disabling “cookie” may, however, cause difficulties or even prevent the use of the Store Website.
IV. ACCOUNT REGISTRATION
1. In order to create an account in the Online Store, the Customer is obliged to register correctly for free:
a) in the “Registration” tab, enter the following data: name, surname, e-mail address, delivery address, telephone number and determine Password to the account,
b) after reading, accept the Regulations and the Privacy Policy.
2. Acceptance of the Regulations by the Client includes the simultaneous submission by her/him of the following statements:
a) I have read the Regulations and accept its provisions,
b) I have voluntarily joined the use of the Seller’s services on the terms resulting from the Regulations,
c) I declare that the data contained in the registration form are true, and I also acknowledge that in the event of the above statement being untrue, I will be liable under the provisions of Polish law,
d) I have read the Privacy Policy regarding the processing of my personal data.
3. After sending the completed registration form, the Customer shall immediately receive, by e- mail to the e-mail address provided in the registration form, confirmation of Registration by the Account Seller. At this moment, an agreement is concluded for the electronic provision of the service of keeping the Customer’s account, while the Customer is able to access the account and make changes to the data provided during Registration.
4. Registration is not necessary to place an order in the Online Store.
V. OBLIGATIONS OF THE CLIENT
The Client undertakes in particular to:
a) respect copyrights and industrial property rights, including those arising from the registration of inventions, patents, trademarks, utility and industrial models of the Administrator and third parties, as well as to comply with the rights to protect the image,
b) refrain from providing unlawful content and content contrary to the Regulations,
c) refrain from any actions that could hinder or disrupt the functioning of the Website and the Store.
VI. ACCEPTANCE AND EXECUTION OF ORDERS
The Seller sells Goods via the Internet. Current information on available products and services is posted by the Seller on the Website. The information provided on the Website does not constitute an offer within the meaning of the Polish Civil Code, but an invitation to the Client to submit an offer to conclude a sales contract.
The terms of the sales contract are set out in these Regulations, applicable provisions of Polish law and any individual arrangements between the Seller and the Customer.
Orders placed by the Customer are accepted via the order form on the Website. In the order on the Website,
by completing the appropriate fields, the Client/Customer shall:
a) select the Goods
b) choose the method of delivery of the Goods,
c) specify the delivery address of the Goods,
d) declare the will to receive the invoice, the method of its delivery and other necessary data until it is issued.
1. At the beginning of placing the order, the Seller informs the Customer about any restrictions on the method of delivery of the Goods and accepted payment methods.
2. Immediately before placing the order, the Seller informs the Customer about the method of communication with the Customer, the main features of the service and the total price of the Goods (including in particular taxes and delivery costs).
3. The ordering process is completed by the Customer by confirming the final order.
4. The sales contract is considered concluded when the Seller receives confirmation by the Customer of the information specified in paragraph 3, ie order confirmation
5. The Seller reserves the right to additionally confirm the order by telephone.
6. The Seller immediately sends the Customer / Customer a confirmation of the conclusion of the contract by e-mail.
7. Placing orders in the Store is possible 24 hours a day, all days of the year. The exception is system failures and its possible reconstruction. Both orders and all declarations of will and knowledge addressed by the Seller to the Customers are made in Polish.
VII. INVOICES AND BILLS
1. A retail invoice is a confirmation of the concluded sale of the Goods. The request to receive a VAT invoice is made by the Client each time by checking the appropriate box in the order form. In such a case, the Client/Customer is obliged to provide the data necessary to issue a VAT invoice.
2. Sending a retail invoice or VAT invoice in electronic form is carried out by the Store to the e- mail address indicated in the order.
3. The store reserves the right to send a VAT invoice in the form of a PDF file. In order to receive and view an invoice in the form of a PDF file, the Client’s must have a program that allows viewing PDF files (e.g. free Adobe Acrobat Reader), which they install on their own and at their own risk.
VIII. PRICES FOR GOODS
1. All prices of Goods given on the Store’s website are expressed in Polish Zlotys and correspond to the total price of the goods, including all applicable taxes.
2. The price given for the Goods listed in the Store’s offer is binding at the time of accepting the order for execution.
3. The Seller reserves the right to change the prices of the Goods in the Store’s offer, introduce new Goods to the Store’s offer, carry out and cancel promotional campaigns on the Website or make changes to them. The above entitlement does not affect the prices of Goods in orders placed before the date of changing the price, conditions of promotional campaigns or sales.
IX. METHOD OF DELIVERY AND SHIPPING COSTS
1. Delivery of the Goods takes place in the manner chosen by the Customer, from among the options indicated in this point, specified in the order.
2. Delivery is carried out via the Supplier, i.e. courier: DPD, INPOST, DHL and GSL.
3. The costs of Delivery carried out via a courier company will be added to the cost of the ordered Goods and given to the Customer immediately before placing the order.
4. If the Goods are not received more than seven days after the date of the expected Delivery, the Customer should report this fact to the Seller by phone (+48 662777405) or via e-mail (e-mail address: [email protected]. in order to initiate a complaint procedure with the Supplier of the Goods. The charge for a connection to this number corresponds to the charge for a regular telephone connection, in accordance with the tariff package of the Customer/kia service provider.
X. ORDER COMPLETION TIME
1. The Goods are shipped within 2-5 working days after receiving the payment for the Goods or – in the case of choosing cash on delivery as the form of payment in accordance with point XI section 1 b), – after the order confirmation has been received by the Seller in accordance with point V sec. 7. 7.
2. The Seller is not responsible for failure to deliver the Goods or delay in Delivery caused by an incorrect or inaccurate address provided by the Customer.
3. The Seller – acting on behalf of the Customer – sends the ordered Goods in the manner indicated by the Customer: via a courier company.
4. The Seller will provide him/her with data on the date of shipment and the tracking number.
5. The Seller does not provide postal or courier services.
PAYMENT METHODS
1. The Store accepts payments made:
a) via a specialized entity providing electronic transfer services – the basis for issuing or sending the Goods is only confirmation of payment by the payment service company,
b) via credit or debit card.
2. The execution of the order in the cases specified in par. 1 1 a) and b) begins after receiving confirmation of the correct execution of the operation from the payment operator.
XII. Complaints
1. All Goods available in the Store come from a legal source, are original and free from defects.
2. The Seller ensures the Delivery of Goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
3. The complaint may be submitted by the Customer in any way that sufficiently reveals his will.
4. Mark the parcel in a visible place as “Complaint”.
5. The Seller shall be liable to the Consumer for the non-compliance of the Goods with the Sales Agreement, existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Seller, his legal predecessors or persons acting in their name is longer.
If the Goods are inconsistent with the Sales Agreement, the Consumer may demand that they be repaired or replaced.
6. A response to the complaint will be provided within 14 days from the date of filing the complaint.
In order to facilitate the implementation of the complaint, the defective Goods should be returned by sending it to the following address: Suava, ul. Zielniczki 5, 63-000 Zielniczki, Polska. In the case of a Customer who is a Consumer and an Entrepreneur with the rights of a Consumer, the cost of delivery is covered by the Seller. A description of the complaint must be enclosed with the package, using the form available here.
7. The Seller may make a replacement when the Consumer demands repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Goods into compliance with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or excessive costs concern both repair and replacement, the Seller may refuse to bring the Goods into compliance with the Agreement. When assessing the excess of costs for the Seller, all circumstances of the case are taken into account, in particular the importance of the non-compliance of the Goods with the Sales Agreement, the value of the Goods in accordance with the Sales Agreement and excessive inconvenience to the Consumer resulting from the change in the manner of bringing the Goods into compliance with the Sales Agreement.
8. The Seller shall repair or replace the Goods within a reasonable time from the moment when the Seller was informed by the Consumer about the non-compliance of the Goods with the Sales Agreement and without excessive inconvenience to the Consumer , taking into account the nature of the goods and the purposes for which the Consumer purchased them.
9. The costs of repair or replacement of the Goods are borne by the Seller. The consumer is obliged to make the Goods subject to repair or replacement available to the Seller in order to collect them, which takes place at the expense of the Seller.
10. The consumer may submit a statement of price reduction or withdrawal from the contract if the Goods are inconsistent with the Sales Agreement when:
a) the Seller refused to bring the Goods into compliance with the Sales Agreement;
b) the Seller has not brought the Goods into compliance with the Sales Agreement;
c) the lack of conformity of the Goods with the contract still occurs, despite the fact that the Seller has tried to bring the Goods into compliance with the Sales Agreement;
d) the lack of conformity of the Goods with the contract is significant enough to justify an immediate price reduction or withdrawal from the Sales Agreement;
e) it is clear from the Seller’s statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
11. The reduced price must be in such proportion to the price resulting from the Sales Agreement, in which the value of the Goods inconsistent with the Sales Agreement remains to the value of the Goods in accordance with the Sales Agreement. Reimbursement of the amount due as a result of exercising the right to reduce the price takes place no later than within 14 days from the date of receipt of the Consumer’s statement on the price reduction.
12. The Seller may not accept the Consumer’s declaration of withdrawal from the Sales Agreement if it proves that the lack of compliance of the Goods with the Sales Agreement is irrelevant.
13. In the event of withdrawal from the Sales Agreement, the Consumer immediately returns the Goods to the Seller at his expense. The Seller returns the price no later than within 14 days from the date of receipt of the Goods or proof of sending them back.
14. The Customer who is a Consumer has the option of using out-of-court methods of dealing with complaints and pursuing claims. In particular, she/he may:
• apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded contract,
• apply to the voivodship inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute,
• use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).
Detailed information on the possibility for the Customer who is a Consumer to use out-of-court methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
– http://www.uokik.gov.pl/spory_konsumenckie.php;
– http://www.uokik.gov.pl/sprawy_indywidualne.php;
– http://www.uokik.gov.pl/wazne_adresy.php .
XIII. RIGHT OF WITHDRAWAL FROM THE AGREEMENT (RETURN OF GOODS)
1. The Customer who is a Consumer and the Entrepreneur with the rights of a Consumer who has concluded a Sales Agreement via the Online Store may withdraw from it within 14 days without giving a reason.
2. The deadline for withdrawing from the Sales Agreement starts from the moment the Goods are taken over by the Consumer, the Entrepreneur with the rights of the Consumer or a third party indicated by them other than the Supplier.
3. Authorized persons referred to in par. 1 and 2 above may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. The statement can be submitted on the form, the model of which is provided by the Seller below, as Appendix 1: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry. The Seller immediately confirms to the Consumer and the Entrepreneur/entrepreneur with the rights of the Consumer the receipt of the form submitted via the website.
4. The Seller is obliged to immediately, not later than within 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with Consumer rights on withdrawal from the Sales Agreement, return to her/him all payments made by her/him, including the cost Delivery of the Goods to the Consumer or the Entrepreneur with the rights of the Consumer. The Seller may withhold the reimbursement until receipt of the Goods back or delivery by the Consumer or Entrepreneur with Consumer rights of proof of sending back the Goods, depending on which event occurs first.
5. If a Consumer or an Entrepreneur with Consumer rights exercising the right to withdraw chose a method of delivering the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by them.
The Consumer or Entrepreneur with Consumer rights is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to send the Goods back to the Seller’s address before the deadline expires.
6. The Consumer and/or the Entrepreneur with Consumer rights shall be liable for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
7. The Consumer and the Entrepreneur with the rights of the Consumer are not entitled to return the Goods in the cases specified in more detail in art. 38 of the Act on Consumer Rights, including in particular in the case of Goods manufactured according to the consumer’s specifications or serving to satisfy his individual needs.
9. The Seller returns the payment using the same method of payment as was used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed otherwise return, which does not involve any costs for him/her.
10. The seller accepts returns sent to the following address: Suava, ul. Zielniczki 5, 63-000 Zielniczki, Polska.
11. The Customer bears the direct costs of returning the Goods (i.e. the costs of its packaging, securing, shipping).
12. The shipment should be marked in a visible place as “Return of Goods”.
XIV. PERSONAL DATA
The rules regarding personal data can be found in the Privacy Policy.
XV. ADDITIONAL SERVICES
The Seller provides the Customers free of charge, 7 days a week, 24 hours a day, with additional services:
– newsletter
-contact form
– account maintenance
products offered by the Seller. The newsletter is sent by the Seller to all customers who have agreed to receive it. Each Client/Customer may resign from the Newsletter service at any time by unsubscribing. The contact form allows you to send inquiries or information to the Seller.
Resignation from the service is possible at any time by not sending information via the contact form.
The contact form allows you to send inquiries or information to the Seller. Resignation from the service is possible at any time by not sending information via the contact form.
The service of maintaining the Customer’s account is available after Registration and consists in providing the Customer with a panel on the Store Website, enabling the Customer to modify the data provided during Registration, as well as tracking the status of orders and the history of orders already completed.
The Customer may resign from maintaining the Customer’s account at any time by contacting the Seller for this purpose.
XVI. FINAL PROVISIONS
1. In matters not covered by these Regulations, Polish law shall apply, in particular the provisions of the Civil Code and the provisions of the Act on consumer rights.
2. Amendments to the Regulations will be introduced in a manner consistent with applicable law and with respect for consumer rights. In the event of changes to the Regulations, the Seller shall immediately inform the Customers by publishing the uniform text of the Regulations on the Website and individually via e-mail.
3. The Seller ensures that the currently applicable Regulations are available on the Website at any time.
4. In the event of amendments to the Regulations, orders placed before the date of amendments to these Regulations are implemented on the basis of the provisions in force on the date of placing the order.
5. The Regulations come into force on June 20, 2023.
Appendix No. 1 to the Regulations
Return form:
To exercise the right to withdraw from the contract, you must send the purchased goods together with the proof of purchase and the completed return form available here.
We would like to inform you that masks are hygienic goods that, in accordance with art. 38 points 5 of the Act on consumer rights are not returnable or exchangeable. We ask for thoughtful shopping.
