TERMS AND CONDITIONS OF ONLINE SHOP OHOBOHOO.PL
- The website ohobohoo.pl is owned by Monika Kosicka running a sole proprietorship under the name: ohobohoo Monika Kosicka in Dębiny 48, 21-143 Abramów; Tax Identification Number (NIP): 5372359409, Business Identification Number (REGON): 386067568 (“ohobohoo”, “Seller”).
- Via the Store, Seller conducts retail sales, while providing services to buyers electronically. Through the Store, Buyer can purchase products shown on the pages of the Store.
- A customer using the Store can contact the Seller via e-mail at the address firstname.lastname@example.org, by mail at the address indicated in paragraph. 1 of this paragraph or by phone +48 694 892 761.
- Regulations define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and the Buyers.
- Price – the total amount specified on the Store’s website, due to the Seller from the Customer for the conclusion of the Sales Agreement and the delivery of the Product or Products selected by the Customer. The price includes all costs and expenses related to the purchase of the Product, including delivery costs.
- Working days – days of the week from Monday to Friday, excluding public holidays.
- Order form – an interactive form available on the Store’s website that allows placing an Order, in particular by adding Products to the Cart and concluding a Sales Agreement.
- Customer – an entity purchasing Products in accordance with the Regulations and legal regulations.
- Consumer – a customer who is a natural person, who makes purchases unrelated to his business or professional activity.
- Cart – a tab on the Store’s website, in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the number of Products.
- Account – a free function of the Store, thanks to which the Customer can set up his individual User Account in the Store, protected by a password, in which the Customer’s data and information about his activities within the Store are collected – ie orders placed.
- Login – the User’s e-mail address or mobile phone number provided during the registration procedure to the Store and assigned to him, enabling the given User to log into the Account and use the Store.
- Entrepreneur – a Customer who is not a Consumer.
- Product – goods offered for sale by the Seller via the website www.ohobohoo.pl.
- Seller – Monika Kosicka running a sole proprietorship under the company: ohobohoo Monika Kosicka in Dębiny 48 (21-143 Abramów) , NIP: 5372359409, REGON: 386067568; the Seller’s contact details are provided in § 3 of these Regulations.
- Sales contract – a sales contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
- User – a Customer who has an Account in the Store.
- Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
3.Setting up an account
- The User does not need an Account to browse the Shop’s assortment or to place an Order and conclude Contracts.
- In order to register and set up an account you need to fill in the Registration Form. In the Registration Form it is necessary to provide:1. for Consumers: name and surname, residential address, telephone number, e-mail address, password,2. for Entrepreneurs: company name, business address, Tax Identification Number, REGON number, telephone number and name of the person representing the company, e-mail address, password.If the address for service is different from the address of residence (business/office address), an indication of the address for service is also required.
- Setting up and using an Account in the Store is free and possible for an indefinite period.
- As part of the Account registration procedure, each User independently sets his / her Account password. The requirements as to the content of the password are provided to the User when registering the Account.
- Logging in to the Account is done by entering the login (e-mail address or mobile phone number) and the password set in the registration form by the User.
- The condition for completing the registration is the declaration by the User that he has read the content of these Regulations and accepts its content, submitted during the registration process by checking the appropriate box.
- User agrees not to make available the data needed to log into the Store to unauthorized persons. The consequences of making the data referred to in the preceding sentence available to unauthorized persons are borne by the User.
- User is required to provide their own personal data during the registration, and at the same time to ensure the accuracy of these personal data.
- The Seller shall provide the Customer with information related to the sale of Products to the Customer in an electronic form (e-mail), unless the other mode of providing information results from the detailed provisions of the Terms and Conditions or the Customer and the Seller mutually agree on another mode of providing information.
- User has the ability to delete the Account at any time, without giving reasons and without incurring any fees on this account. In the case of deleting the Account, all the data will be deleted, except for the data necessary for the complaint process and handling of possible claims, which will be stored until the expiry of the limitation period for claims resulting from completed orders.
- Using the Store, including browsing the Store’s assortment and placing Orders, requires:1.terminal device that allows you to generate the Store’s website, with access to the Internet and to a working web browser,2.an active e-mail account,3.cookie files support turned on,
- Using the Store may be associated with the risk typical for Internet activities.
5.Making an Order
- Making an Order by the Customer for Products in the Store’s assortment is possible for the Customer who has an active Account set up in accordance with the provisions of § 3 of the Regulations or by placing an order as a Guest – an unregistered User in accordance with § 5 Act 3 of the Regulations.
- In order to place an Order as a registered User:1. Create an Account – in the case of placing the first Order as a User,2. Log in to the Account,3. Select the Product that is the subject of the Order, and then select the “Add to Cart” button,4. Check the box “Buy now”,5. Make the payment for the Order to the indicated Seller’s bank account number.
- In order to make an Order by a Customer who does not have an Account in the Store, proceed as follows:1. Select the Product which is the subject of the Order, and then click the button: “Add to Cart”,2. Tick the “Buy now” box,3. Enter the Customer’s details and the delivery address,4. Select an appropriate form of payment,5. Accept the Terms and Conditions,
6. Make payment for the Order to the indicated bank account number of the Seller.
- The Customer is obliged to fill in all the fields of the Order Form, except for those marked as optional.
- After completing the Order Form, the Customer will select the appropriate “place an Order” function on the Order Form, which will be tantamount to submitting the following declaration of will: “I hereby declare that I accept the terms of the Sales Agreement with the Seller, the subject of which are the selected Products, in accordance with the provisions of the Regulations. “
- The customer is responsible for the truthfulness and correctness of the data provided by him in the order form.
6.Conclusion of the Sales Agreement
- Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Seller accepts the Order placed by the Customer using the order form in the Store, in accordance with the provisions of § 5 of the Terms and Conditions.
- The Seller’s acceptance of the Order takes place immediately after its receipt. Acceptance of the Order takes place by the Seller sending an appropriate e-mail message to the e-mail address provided by the Client. Information about acceptance of the Order is the Seller’s statement of acceptance of the offer and at the moment of its receipt by the Customer the Sales Agreement is concluded.
- The Seller will proceed to implement the Order immediately after the payment made by the Customer is credited to the account of the Store.
- Online Shop presents the current state of stock.
- Product delivery is possible in the Republic of Poland and the European Union.
- In the case of unavailability of some or all of the Products covered by the Order or the impossibility of implementing the Order within the prescribed period for other reasons, the Seller will inform the Customer about the situation by telephone or e-mail.
- in the cases referred to in par. 6, the Customer will be entitled to:1. cancel the Order in its entirety, which will mean that the Seller is released from the obligation to execute the Order;2. cancel the Order in the part which cannot be executed, which will mean releasing the Seller from the obligation to execute the Order within the scope covered by the cancellation;3. agree with the Seller a new date for completion of the Order for the part which cannot be completed at present.
- If the Customer does not select any of the options proposed in the above section, or it will not be possible to contact the Customer either by phone or e-mail, the Seller shall complete the Order in the part in which it can be completed. To the remaining extent, the Order shall be cancelled
- The Customer can place an Order at the Store via the Store’s website 7 days a week, 24 hours a day.
- An order will be delivered to the address specified by the Customer in the Order.
- Shop is not responsible for non-delivery of an order or delay in delivery of an order or the implementation of the order, resulting from an incorrectly specified by the customer or inaccurate delivery address.
7.Payment, delivery, invoice
- The ordered Products will be delivered to the Customer in the form selected by the Customer through a courier company, to the address indicated in the Order by the Customer, depending on the place of delivery and method of payment.The Customer may use the following methods of payment:1. through a specialized entity providing electronic transfer services PayU and PayPal – the basis for issuing or sending the Goods is only a confirmation of payment by the company handling the payment,2. payment by credit or debit card (through a specialist provider of electronic money transfer services PayUl)
- Detailed information about the methods of delivery and their costs and acceptable methods of payment can be found on the website Store.
- The Customer agrees to the issuance of electronic VAT invoices by the Seller in the form of a pdf file and their sending to the e-mail address provided by the Customer or making them available in the Account created by the Customer.
9.Withdrawal from the Sales Agreement by the Consumer
- The Consumer may within 14 days withdraw from the Sales Agreement without giving any reason.
- The period specified in paragraph 1 shall start from the delivery of the Product to the Consumer or other person designated by him.
- In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the deadline specified in paragraph 1 applies to the last item, batch or part.
- The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement, by going to the website ohobohoo.pl and clicking on “Statement of withdrawal from the agreement”, which is located under “Complaints and returns”.
- The Consumer may also send a statement of withdrawal from the Agreement to the address of the Seller by mail or electronically to the e-mail address of the Seller, which are given in § 1 of these Regulations.
- Withdrawal from the Contract shall have the following effects:
- The sales contract shall be considered as not concluded;
- The Seller may withhold reimbursement until receipt of the Product, but no later than within 14 days of receipt of the Product;
- The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution that will not involve any costs to the Seller;
- The Consumer should send back the Product to the address of the Seller given in § 1 of these Regulations, no later than within 14 days from the date on which he informed the Seller about the withdrawal from the Agreement.
- The Consumer shall bear only direct costs of returning the Product.
- The Consumer is responsible for any reduction in the value of the Product resulting from using it in a manner other than necessary to determine the nature, characteristics and functioning of the Product, in particular, it will be a situation in which the Product is returned in a deteriorated condition and/or unsuitable for further use and resale, i.e. bears traces of use, is dirty, torn, etc.
- The right to withdraw from an agreement concluded away from business premises or at a distance does not apply to the Consumer in situations described in Article 38 of the Consumer Rights Act.
10.Warranty and claims procedure
- The subject of the Sales Agreement are new Products.
- In accordance with the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287) and the Civil Code, in the case of Customers who are consumers, the Seller shall be liable for non-compliance of the Product with the agreement. In the case of Customers who are not consumers, the Seller is liable under the terms of the Civil Code. 3.
- In order to implement the complaint, the defective Product should be sent to the address specified in § 1, passage 1 of these Regulations.
- The Customer may submit a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience to the Customer will replace the defective item for a defect-free item or remove the defect. This restriction does not apply if the item has already been replaced or repaired by the Seller or the Seller has failed to fulfil the obligation to replace the item with a defect-free item or remove the defect. If the Customer is a consumer, he/she may instead of the removal of defects proposed by the Seller request the replacement of the item with a defect-free one or instead of the replacement of the item request the removal of the defect, unless bringing the item to conformity with the agreement in the way selected by the Customer is impossible or would require excessive costs in comparison with the method proposed by the Seller.
- The Customer may not withdraw from the contract when the defect of the Product is insignificant.
- The Seller is responsible for defects that will be found before the expiry of 2 years from the date of release of the Product. If a defect is found, the Customer who is a Consumer should notify the Seller of this inconsistency within 1 year from the date of its discovery at the latest, indicating what the defect consists of and the preferred way of removing it. Sending the notice before its expiry is sufficient to meet the deadline.
- If the purchased Product has been incorrectly installed, i.e. not in accordance with the instructions received from the Seller, the Seller is not responsible for the damage resulting from incorrect installation.
- The complaint should be reported:1. electronically at the e-mail address: email@example.com, and send the advertised Product to the address given in § 1, passage 1 of the Regulations,2. in writing, together with the Product complained about, to the address given in § 1, passage 1 of the Regulations, attaching the filled “Complaint Form”, which can be found in the “Complaints and returns” tab.
- In the complaint should be included, inter alia, a brief description of the defect, the circumstances (including date) of its occurrence, data of the Consumer making the complaint, and the Consumer’s request in connection with the defect of the Product.
- The complaint will be dealt with within 14 days from the date of complaint with a description of the cause of complaint and request of the Consumer.
- In the case of not accepting the complaint, the Product will be returned to the Consumer together with an opinion on the unjustifiedness of the complaint.
- If the Customer who is the Consumer demanded replacement of the item or the removal of defects or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the demand is justified.
11.Out-of-court ways of complaint handling and the assertion of claims
- Detailed information about the possibility of out-of-court complaint handling and the assertion of claims by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of 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 and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court complaint and redress procedures:1. The Consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) with a request to resolve a dispute arising from the Agreement concluded with the Seller;2. The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller;3. The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, Association of Polish Consumers).
- The consumer has the right to use out-of-court complaint and claim procedure. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
11.Provision of electronic services
- The Seller is a provider of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2019, item 123) and provides via the Online Store free of charge the following electronic services to customers:1. Account,2. enabling Customers to conclude Sales Agreements (placing Orders), under the principles set out in these Regulations;3. enabling Customers to use the services of the shopping cart;4. enable browsing the content placed in the Shop;5. maintaining a session after logging in until the moment of closing the Internet browser,
6. Newsletter function for Customers who have agreed to receive it.
- The Seller takes technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent acquisition and modification of personal data by unauthorized persons.
- The agreement for the provision of Account services is concluded upon receipt by the Customer of confirmation of the conclusion of the agreement for the provision of Account services sent by the Seller to the e-mail address provided by the Customer during registration. An Account is provided free of charge for an indefinite period of time. The Account stores the Buyer’s data and the history of orders placed by him in the Store. The Customer has the possibility, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending the appropriate request to the Seller, in particular via e-mail to the address: firstname.lastname@example.org or in writing to the correspondence address of the Seller indicated in § 1, passage 1 of the Regulations.
- The use of the service of concluding Sales Contracts shall commence at the moment of placing an Order in accordance with the principles specified in § 5 of the Terms and Conditions and shall continue until its fulfilment.
- The use of the shopping cart service begins at the moment of adding by the User the first Product to the shopping cart. The shopping cart is provided free of charge and is a one-time service which terminates at the moment of placing an Order via the shopping cart or at the moment of earlier discontinuation of placing an Order via the shopping cart by the User, at the User’s discretion.
- Use of the service of viewing content located within the Store begins at the moment of starting the Store page by the User and lasts until the end of the browser session by the User.
- The use of the newsletter service starts when the Customer signs up for this function. If the Customer wants to subscribe to the newsletter and consent to receive it in the process of registration or placing an Order, they should indicate their consent to receive it and provide their e-mail address to which commercial information from the Seller will be sent. The Customer may unsubscribe from the newsletter at any time for any reason by logging into their account at the Store or by clicking on the unsubscribe link at the footer of each newsletter. The discontinuation of sending information to the provided e-mail address takes place immediately and is signalled by a message confirming the operation The newsletter service is provided free of charge for an indefinite period of time or until the Client resigns from the newsletter service or until the newsletter service is terminated, which may take place at any time.
- First The Customer is obliged in particular to:
- provide in the forms made available at the Store only true, current and all the necessary Customer data;
- immediately update the data, including personal data, provided by the Customer to the Seller in connection with the conclusion of a Sales Agreement, in particular as far as it is necessary for its proper implementation;
- use the services and functionalities made available by the Seller in a way that does not interfere with the functioning of the Seller or the Internet Shop;
- use the services and functionalities made available by the Seller in a manner consistent with the provisions of applicable law, provisions of the Terms and Conditions, as well as with the accepted custom in the given scope and rules of social coexistence;
- use the services and functionalities made available by the Seller in a manner not onerous for other Clients and the Seller;
- timely payment of the Price and other costs agreed by the Customer and the Seller in full amount;
- timely collection of Products ordered with the use of cash on delivery and cash on delivery payment methods,
- not to provide and not to transfer within the Shop any content that is prohibited by applicable law, in particular content that violates third-party copyrights or their personal interests;
- not taking actions such as:
- sending or posting in the Store unsolicited commercial information or posting any content that violates the law (prohibition of placing illegal content);
- undertaking IT activities or any other activities aimed at obtaining information not intended for the Customer, including data of other Customers, or interference with the principles or technical aspects of the Store’s operation and payment processing;
- unauthorized modification of the Content provided by the Seller, in particular the Prices or descriptions of Products provided in the Store;
- The complaint procedure regarding the provision of electronic services listed in § 11 of the Regulations will be conducted by the Seller.
- The Customer has the right to submit a complaint regarding the functioning of the Store, including the provision of electronic services by the Seller, for a period of 30 calendar days from the moment the event justifying the submission of the complaint occurs. The deadline for submitting a complaint is determined in the case of: i) a written complaint, the date of sending the complaint via the postal operator or a courier company or the date of its direct submission at the Seller’s premises, ii) the complaint submitted by e-mail, the date of sending the complaint via e-mail.
- The complaint should include the User’s first name, last name, correspondence address, as well as an indication of the reasons for the complaint.
- Complaints will be considered within 14 calendar days from the date of receipt of the complaint. The User will be notified of the decision regarding his complaint by registered mail to the address provided in the complaint, and if the complaint was sent by the Customer by e-mail – to the e-mail address provided by the Customer.
- The customer has the right to pursue claims through court proceedings.
13.Data protection and cookies
- Customer’s personal data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC General Data Protection Regulation (“RODO”), the Act of 18 July 2002 on the provision of electronic services, as well as the Act of 17 July 2014. Telecommunications Law.
- The administrator of the Customers’ personal data is the Seller.
- In matters relating to data processing, the Customer can contact the Seller via e-mail at: email@example.com or by phone +48 694 892 761
- The content of the Regulations is available to customers on the website Store.
- Shop Regulations may change, in particular in the event:1. change in applicable law applicable to the Store,2. changes in methods of payment and delivery – in the extent to which these changes affect the implementation of the provisions of these Regulations,3. changes in the functioning of the Store necessary to maintain the security of the concluded Agreements.
- In matters not covered by the Regulations, the provisions of Polish law, especially the Civil Code and the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134) shall apply.
- The Customer is obliged to use the Store in a manner consistent with the law and good practice, taking into account respect for personal property and copyright and intellectual property rights available in the Store and third parties, as well as not to provide content of an unlawful nature. Customer is obliged to enter truthful data.
- All rights to the Store’s website, including the text and its graphics, IT mechanisms, layout and other elements of the Site are reserved.
- Use and application of the content on the Store website does not mean acquisition by customers of any rights to the elements contained therein.
- It is prohibited to make for any purpose, especially commercial, without prior written permission, copying, modifying in any way the Store website in whole or in part.