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Terms and conditions

§1 Preliminary provisions

  1. The DomowyŚwiat online shop, available at the internet address /en/ is operated by Swapni sp. z o.o., F. Firlika 20/24, Poznań 60-692, entered in the National Court Register kept by the District Court Poznań – Grunwald in Poznań, 8th Commercial Division of the National Court Register under KRS number: 0001002669, NIP: 7792547202, REGON: 523696212, with share capital of 5 000 zł.
  2. These Terms and Conditions are addressed to Consumers and set out the rules and procedure for concluding a distance Sales Contract with a Consumer via the Shop.

§2 Definitions 

  1. Consumer – a natural person concluding a contract with the Seller within the Shop, the subject matter of which is not directly connected with that person's business or professional activity.
  2. Seller – Swapni sp. z o.o., NIP 7792547202, REGON 523696212, KRS 0001002669, F. Firlika 20/24, Poznań 60-692.
  3. Customer – any entity making purchases via the Shop.
  4. Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, to which a separate act grants legal capacity, carrying out business activity in its own name and using the Shop.
  5. Shop – the online shop operated by the Seller at the internet address /en/
  6. Distance contract – a contract concluded with the Customer within an organised system of concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the moment the contract is concluded.
  7. Terms and Conditions – these Terms and Conditions of the Shop.
  8. Order – the Customer's declaration of intent submitted by means of the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
  9. Order form – an interactive form available in the Shop that makes it possible to place an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Contract, including the method of delivery and payment.
  10. Cart – an element of the Shop's software in which the Products selected for purchase by the Customer are visible, and in which it is also possible to determine and modify the Order details, in particular the quantity of products.
  11. Product – a movable item/service available in the Shop that is the subject matter of the Sales Contract between the Customer and the Seller.
  12. Sales Contract – a contract for the sale of a Product being concluded or concluded between the Customer and the Seller via the online Shop. A Sales Contract is also understood to mean – depending on the characteristics of the Product – a contract for the provision of services and a contract for a specific work.

 

§3 Contacting the Shop 

  1. Seller's address: F. Firlika 20/24, Poznań 60-692.
  2. Seller's e-mail address: kontakt@domowy-swiat.eu
  3. The Customer may communicate with the Seller using the addresses given in this paragraph.

 

§4 General information

  1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the functioning of the Shop, caused by force majeure, unlawful acts of third parties or the incompatibility of the online Shop with the Customer's technical infrastructure.
  2. Browsing the Shop's range of goods does not require setting up an Account. Placing orders by the Customer for Products included in the Shop's range is possible either after setting up an Account in accordance with the provisions of § 6 of the Terms and Conditions, or by providing the necessary personal and address details enabling the Order to be processed without setting up an Account.
  3. The prices given in the Shop are given in Polish złoty and are gross prices (they include VAT).

 

§5 Performance of the sales contract 

  1. The Sales Contract between the Customer and the Seller is concluded after the Customer has first placed an Order by means of the Order form in the online Shop.
  2. After the Order has been placed, the Seller shall promptly confirm its receipt and at the same time accept the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations that the Order has been received and accepted for processing, and confirmation of the conclusion of the Sales Contract. Upon the Customer's receipt of the above e-mail message, the Sales Contract between the Customer and the Seller is concluded.
  3. If the Customer chooses payment by bank transfer or electronic payment, the Customer is obliged to make the payment within 3 calendar days of the date on which the Sales Contract was concluded – otherwise the order will be cancelled.
  4. In the case of an order for Products with different delivery times, the delivery time is the longest time given. The delivery period for the Product to the Customer begins to run from the day the Seller's bank account is credited.
  5. Delivery of the Product takes place solely within the territory of Poland.

 

§6 Delivery conditions 

  1. Deliveries are carried out via the courier companies GLS, InPost, Pocztex. Order processing takes 1 business day. The delivery time is 1-2 business days.
  2. All orders are dispatched from our warehouse located at: Swapni sp. z o.o., F. Firlika 20/24, Poznań 60-692.

 

§7 Right of withdrawal from the contract

  1. The Consumer may withdraw from the Sales Contract within 100 days without giving any reason.
  2. The period specified in para. 1 begins to run from the delivery of the Product to the Consumer or to a person indicated by the Consumer other than the carrier.
  3. In the case of a Contract covering many Products that are delivered separately, in batches or in parts, the period indicated in para. 1 runs from the delivery of the last item, batch or part.
  4. The Consumer may withdraw from the Contract by submitting to the Seller a declaration of withdrawal from the Contract. To meet the withdrawal deadline it is sufficient for the Consumer to send the declaration before that deadline expires.
  5. The declaration may be sent by traditional post, or electronically by sending the declaration to the Seller's e-mail address.
  6. If the Consumer sends the declaration electronically, the Seller shall promptly send the Consumer, to the e-mail address provided by the Consumer, confirmation of receipt of the declaration of withdrawal from the Contract.
  7. Effects of withdrawal from the Contract:
    a. in which the subject matter of the performance is a non-prefabricated item, produced to the Consumer's specification or serving to satisfy the Consumer's individualised needs,
    b. in which the subject matter of the performance is an item delivered in a sealed package which, once the package has been opened, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery,
    c. for the provision of services, if the Seller has fully performed the service with the Consumer's express consent, the Consumer having been informed before the performance began that once the Seller has performed the service the Consumer will lose the right of withdrawal from the Contract,
    d. in which the subject matter of the performance are items which, after delivery, by their nature become inseparably combined with other items,
  8. Where, due to the nature of the Product, it cannot be returned by post in the ordinary way, information about this, and about the costs of returning the Product, will be given in the Product description in the Shop.
  9. The Consumer is not entitled to the right of withdrawal from a distance contract in relation to a Contract:
    a. In the event of withdrawal from a distance Contract, the Contract is deemed not to have been concluded.
    b. In the event of withdrawal from the Contract, the Seller shall return to the Consumer promptly, and no later than within 14 days of the date of receipt of the Consumer's declaration of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivering the item, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
    c. The Seller shall make the refund by bank transfer to the Consumer's account given in the return form.
    d. The Seller may withhold the refund until the Product has been received back or until proof of its return has been provided to the Seller, whichever occurs first.
    e. The Consumer should send the Product back to the Seller's address given in these Terms and Conditions promptly, and no later than 30 days from the day on which the Consumer informed the Seller of the withdrawal from the Contract. The deadline is met if the Consumer sends the Product back before the 30-day period expires.
    f. The Consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, that Product could not be sent back by post in the ordinary way.
    g. The Consumer is liable only for any diminution in the value of the Product resulting from using it in a manner other than was necessary to establish the nature, characteristics and functioning of the Product.

 

§8 Complaints and guarantee

  1. The Sales Contract covers new Products free from defects.
  2. Should a defect occur in goods purchased from the Seller, the Customer has the right to make a complaint on the basis of the provisions on the statutory warranty for defects in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty for defects.
  3. A complaint should be submitted in writing or electronically to the Seller's addresses given in these Terms and Conditions.
  4. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect in the goods.
  5. The Seller shall respond to the complaint request promptly, and no later than within 14 days.
  6. Where a guarantee has been given for a Product, information about it, as well as its content, will be included with the Product description in the Shop.

 

§9 Personal data in the online Shop 

  1. The controller of Customers' personal data collected via the online Shop is the Seller.
  2. Customers' personal data collected by the controller via the online Shop is collected for the purpose of performing the Sales Contract and, if the Customer consents to this, also for marketing purposes.
  3. The recipients of the personal data of the online Shop's Customers may be:
    a. In the case of a Customer who uses delivery by postal item or courier item in the online Shop, the Controller makes the Customer's collected personal data available to the selected carrier or intermediary handling shipments on the Controller's behalf.
    b. In the case of a Customer who uses electronic payment or payment card as the method of payment in the online Shop, the Controller makes the Customer's collected personal data available to the selected entity handling the above payments in the online Shop.
  4. The Customer has the right to access the content of their data and to rectify it.
  5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions that is necessary for concluding the Sales Contract means that it is not possible to conclude that contract.
  6. Personal data is processed in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU) (GDPR). Detailed information concerning the processing of data by is contained in the privacy policy.

 

§10 Final provisions

  1. Contracts concluded via the online Shop are concluded in the Polish language.
  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, namely: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer of each change at least 7 days in advance.
  3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on Consumer Rights, the Act on the protection of personal data.
  4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, the Customer may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.