Terms and Conditions of the online store
The owner of the online store Australia.gravityblankets.co.uk is Senso-Rex Ltd
Located at 7 Kings Avenue Manchester M8 5AS, United Kingdom Company No.: 11022227 telephone number 0044 161 41 40 200 and e-mail: firstname.lastname@example.org
The Seller carries out a commercial activity in the sales of custom-made medical devices.
Paragraph 1. Definitions
The terms used herein shall mean:
- User – means a natural person who is fully capable of acting in law, unaccompanied minor, a natural person with limited legal capacity (a person who is 13 years old or partially legally incapacitated) acting with the prior consent of his or her legal representative (e.g. a parent), a legal person, an organizational unit without legal personality to whom legal capacity is granted pursuant to separate provisions, who purchases or intends to purchase goods from the online store or who uses or intends to make use of user account service and the Seller’s services via electronic services.
- Client – means a legal person with full legal capacity, legal entity or organizational unit without legal personality and having legal capacity, acting directly within his or her business or professional activity.
- Consumer – means a natural person undertaking an act in law not directly related with his or her business or profession.
- Buyer – means Client and/or Consumer.
- Electronic Service – means a service provided electronically by the Seller to the User via the online store.
- Code of Good Practice – means a set of rules of conduct and in particular, the ethical and professional standards referred to in Article 2 Point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007 as amended.
- Registration Form – means a form available at the Online Store to create a User Account.
- Order form – means a form available at the Online Store enabling placing Orders, in particular by adding products to the electronic shopping cart and determining the terms of the sales contract, including the delivery method and payment.
- User Account – means an individual User`s panel activated on his behalf by the Seller, following User`s Registration, within the scope of service provided via the online store to facilitate the conclusion of the distance sales contract, contact with the online store, the settlement of the contract, allowing to plan the purchase and track the selected goods.
- Shopping Cart – means an interactive form available at the online store allowing the Buyer to place orders.
- Contact details – mean:
- In case of natural persons: name, permanent address, mailing address – if different from the permanent address, e-mail address, and telephone number. If an order is placed in relation to conducted business activity, Buyer`s contact details also include company name and tax id. n. (NIP);
- In case of a legal persons or organizational units without legal personality to whom legal capacity is granted pursuant, to separate provisions: name, seat, mailing address, tax id. no., e-mail address and telephone number.
- Terms and Conditions – mean these rules for the provision of services by electronic means via australia.gravityblankets.co.uk.
- Online Store – means the internet service available at australia.gravityblankets.co.uk via which the Buyer may in particular place orders.
- Goods/Product – means item(s) sold at the Online Store that may be ordered.
- Delivery – means transport service including carrier and delivery costs communicated to the Buyer upon ordering.
- Deadline – means the number of hours or working days indicated on the Product card.
- Working Days – mean Monday to Friday excluding public holidays.
- Supplier – means the entity delivering the Goods.
- Sales Contract – means Goods or services sales contract within the meaning specified in the Polish Civil Code, concluded between the Seller and the Buyer.
- Order – means the Buyer`s statement of intent aiming directly at the conclusion of the Sales Contract, specifying in particular the type and amount of the Goods.
- Commercial Information/Newsletter – means information intended to be used directly or indirectly to promote the Goods and services sold within the scope of the Seller’s activities.
Paragraph 2. General Provisions
- The Terms and Conditions define the rules of using the Online Store and providing free of charge services by electronic means by the Seller.
- The Terms and Conditions are addressed to both Consumers and Clients of the Online Store.
- All rights to the Online Store, including copyright, intellectual property rights to its name, internet domain, website, as well as patterns, forms, logos and images belong to the Seller and may only be used as specified and in accordance with the provisions hereof.
- The Terms and Conditions specify in particular:
- How to register and make use of the User Account at the Online Store;
- The rules for the submission of Orders at the Online Store;
- The rules for the conclusion of the Sales Contract using the services provided via the Online Store;
- The technical requirements necessary for cooperation with IT systems (personal computer, laptop, etc.) used by the Buyer;
- The procedure of submitting complaints.
- Buyers may access the Terms and Conditions at any time via the link at Australia.gravityblankets.co.uk homepage to download and print it.
- Confirmation of material terms of the Sales Contract is made via e-mail to the Buyer`s address provided upon registration, as well as by attaching a printout of the confirmation of the conclusion of the Sales Contract to the shipment containing the ordered Goods, relevant documentation and VAT invoice issued on request.
- The User may use the services provided via the Online Store upon familiarizing with the Terms and Conditions, as well as with services description, price lists, etc.
- The offer presented on the Online Store, as well as product descriptions do not constitute an offer within the meaning specified in the Polish Civil Code. The binding nature – for the purposes of concluding a specific contract – shall only be gained once the order is accepted by the Seller.
Paragraph 3. Technical Requirements and Cookies
- In order to use the Online Store, the Buyer should have access to a computer station or other devices with:
- Internet access,
- properly configured web browser;
- active and properly configured email account.
- The Online Store allows Users to order services using widely available software, internet browsers that accept cookies such as Firefox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Internet Explorer version 7 or later and Safari.
- The Online Store, upon the prior consent of the User or his or her representative, stores cookie files necessary to: enter into the Sales Contract, execute it and provide user account service, as well as to facilitate the use of the Online Store by the User, and maintain a session (with no need to re-enter the password by the User) and create statistics on the traffic on the Online Store.
- The User may remove saved cookies at any time or block cookies from using the options available in his or her web browser.
Paragraph 4. Registration and User Account
- The Buyer makes a free of charge registration in order to create a User Account.
- Registration is made by filling in the registration form provided in the “Register” section.
- For registration purposes, the Buyer shall complete the registration form provided by the Seller at the Online Store and send it electronically to the Seller by selecting the appropriate field on the registration form.
- While completing the Registration Form, the Buyer may view the Terms and Conditions and accept it by marking the appropriate field.
- Online Store registration and use is free of charge.
- Upon the registering User Account is created where User`s data is collected. The services are provided for an unfixed term.
- Once the completed Registration Form is submitted, the Buyer immediately receives a registration confirmation to the provided e-mail address. At this moment, an agreement for the provision of User Account service is concluded and the User obtains access to the User Account and may change the information provided during the Registration, except for the login.
- User Account service is provided from the moment of the User Account activation.
- Access to the User Account is secured with a password.
- The User may at any time terminate the User Account with immediate effect without giving a reason by deleting User Account. Deletion may be made via email request sent to the Seller.
- This does not apply to situations in which the Seller is in the process of performing an order placed by the Buyer. In such a case, the termination of the contract shall be effected after the completion of the above order.
- The Seller may terminate User Account service in the event of User`s breach of the provisions hereof. The termination notice is sent to the User`s email provided in User Account.
Paragraph 5. Placing Orders
- Users may place Orders in the Online Store.
- The conclusion of the Sales Agreement shall be made upon Buyer`s submission of the Order through the Order Form.
- The Order is a free of charge; one-off service provided by the Seller and shall be terminated upon the submission of the Order or upon the Buyer’s prior termination of the Order.
- When placing an Order, the Buyer is obliged to provide correct contact details and personal information.
- Prior to the conclusion of the Sales Contract, the Buyer is able to check the availability of the selected Goods. Availability information is visible in the description of the Goods.
- The Buyer has the opportunity to see photographs of the goods and the descriptions placed next to them.
- To place an Order, the Buyer adds to cart the selected Goods and determines their quantity.
- The buyer may return to the Goods selection panel to add further Goods to the shopping cart, delete the selected item (remove order) or open the payment and delivery panel (by clicking “next”) where the Delivery method and the form of payment are determined.
- When clicking “next”, the Buyer moves to Delivery address panel where appropriate contact details shall be provided to enable the execution of the Sales Contract and the Goods Delivery.
- The Buyer should also read and accept the Terms and Conditions and confirm the fact by marking a relevant box.
- During the Order submission – until the “I order with payment” button is clicked, the Buyer may modify the entered data and select various Goods. For this purpose, the Buyer shall follow the displayed messages and information made available in the Online Store.
- Each time, prior to shipping the order by the Seller, the User is informed of the total price for the selected Goods and Delivery, as well as any additional costs that shall be borne in connection with the Order
- Placing an Order by the Buyer means submitting the offer to conclude the Sales Contract.
- Pursuant to placing an Oder, the electronic confirmation of the Seller’s receipt of the Order and Oder summary is sent to the e-mail address provided by the Buyer.
- Order summary shall include the information on:
- The Online Store details including mailing and email address, as well as phone number;
- The quantity and total price of the ordered Goods;
- The total price under the Sales Contract (i.e. total price of the ordered Goods + the costs of performance of the Sales Contract (including e.g. payment and delivery costs);
- The form of delivery – including the date of delivery and, if applicable, the information on delivery restrictions such as weight or location;
- The method of payment;
- The information on the right of withdrawal from the Sales Contract without giving a reason within 14 days;
- The information about the guarantee.
- The Sales Contract is concluded in the English language.
- The Buyer may place orders at the Online Store 7 days a week, 24 hours a day.
Paragraph 6. Prices and Payment Methods
- The Prices in the Online Store are expressed in GBP and include VAT. The Seller enables to place Orders in other currencies.
- The prices do not include shipping costs.
- The information on the total value of the Order is presented in the cart following the Buyer`s selection of the ordered Goods, Delivery and payment form.
- The Buyer may choose the following payment methods:
- bank transfer through PayPal’s external payment system or
- credit card through PayPal’s external payment system.
- In the event of failure by the Buyer to pay within the time specified in the Order, the Seller shall designate the Buyer an additional deadline for making the payment and shall keep the Buyer informed via e-mail in the event of a lapse of the additional deadline, the Seller shall send to the Buyer an e-mail declaration of withdrawal pursuant to Article 491 of the Polish Civil Code.
Paragraph 7. Order and Deliveries
- The Seller is obliged to deliver defect-free Goods subject to the Sales Contract.
- The Orders are processed on Working Days.
- Orders placed on non-working days are treated as submitted on the first following Working Day.
- Each Goods’ description contains an estimated shipping time. Orders are shipped as soon as all the requested Goods are available.
- Order’s shipping time begins once the Buyer sends all the details necessary for the Order, confirmation of the size, color of the Products, delivery address, form of payment (in case of payment to the account, the payment confirmation, delivery method.
- The shipping costs shall be borne by the Buyer unless agreed otherwise.
- Orders exceeding EUR 199,99 shall be shipped in the EU and UK free of charge.
- The Delivery is made by a chosen carrier to the address specified in the Order Form.
- The Seller shall be liable for accidental loss or damage of the Goods in the Delivery.
- In the event of Buyer`s (who is also the recipient) unreasonable refusal to receive the Order if the Buyer is not entitled to withdraw from the Sales Contract within 14 days of the date of refusal to receive the package, the Seller shall be entitled to charge the Buyer with the cost of the shipment and return to the recipient. If the unreasonable refusal to receive the Order is made by a Client, the Seller may charge it with the Delivery costs.
Paragraph 8. Complaints
- Pursuant to Article 558 Paragraph 1 of the Polish Civil Code, the Seller fully excludes the liability to Customers for physical and legal defects of the Goods (warranty).
- In the event of defects or inconsistencies of the Goods with the offer, the Consumer shall have the right to claim defect-free Goods by giving notice to the Seller e.g. at:
- 7 Kings Avenue Manchester M8 5AS, United Kingdom or
- Complaints shall contain the following information:
- name and surname of the Buyer;
- address for correspondence, as well as email address and telephone number of the Buyer;
- subject of complaint;
- reason for the complaint;
- demands of the Buyer;
- signature of the Buyer (handwritten in case of mail complaints).
- In case of Sales Contract with a Consumer, if a physical defect has been discovered within one year upon the Delivery of the Goods, it is assumed that it had existed at the time of Delivery.
- In case of defective Goods, the Consumer shall be entitled to:
- Request price reduction;
- Withdraw from the Sales Contract unless the Seller promptly and without excessive inconvenience to the Consumer replaces the defective Goods with the Goods free from defects or removes the defects;
- Request replacement of the Goods with defects to the Goods free form defects;
- Request removal of the defects;
and the Seller shall conform with the above in a reasonable time and without undue inconvenience to the Consumer.
- The Consumer may, instead of the Seller’s proposed removal of a defect, request a replacement for defect-free Goods, or instead of replacing the Goods, request the removal of the defect, unless it is impossible to bring the Goods into conformity with the Sales Contract selected by the consumer or it requires excessive costs.
- The Consumer shall not be entitled to withdraw from the Sales Contract after 14 days upon the receipt of the Goods if the defect is irrelevant.
- The Seller may refuse to conform with the Consumer’s claim if it is impossible for the Consumer to comply with the contract in the selected manner.
- Replacement or repair costs shall be borne by the Seller.
- The Seller shall be obliged to accept the defective Goods from the Consumer in the event of replacement for the Goods free from defects or Consumer`s withdrawal from the Sales Contract.
- The Seller shall, within 14 days, respond to complaint submitted by the Consumer. Failure to do so shall be deemed to be the Seller`s acceptance of the complaint demands.
- The Seller shall be liable under the guarantee if a physical defect of the Goods is discovered within two years upon the Delivery of the Goods to the Consumer.
- If, due to Good`s defect, the Consumer makes a declaration of withdrawal from the Sales Contract or demands price reduction, he or she may demand compensation for the damage suffered by contracting without knowing of the existence of the defect, even though the damage was a consequence of circumstances beyond the control of the Seller. The Consumer may in particular demand reimbursement of contract costs, costs of Delivery, storage and insurance of items. This does not prejudice the Seller`s obligation to pay compensation on a general basis.
- The Consumer shall be also entitled to seek non-judicial means of dispute resolution such as: mediation at by the Provincial Inspectorates of Trade Inspection [Wojewódzki Inspektorat Inspekcji Handlowej], consumer courts, consumer ombudsman and non-governmental organizations.
- The detailed information on the Consumer’s rights to non-judicial dispute resolution are available at consumer ombudsmen offices and websites, social organizations, relevant provisions of the law, Provincial Inspectorates of Trade Inspection offices, as well as at the Office of Competition and Consumer Protection in Warsaw.
- Any disputes between the Consumer and the Seller arising under the terms hereof and Sales Contract may also be settled via the internet platform at: http://ec.europa.eu/consumers/odr/.
Paragraph 9. Guarantee
- Guarantee claims shall be dealt with in accordance with the Goods guarantee terms if applicable.
- General guarantee rights and guarantee rights granted to the Consumer by the Seller are independent from each other.
Paragraph 10. Right to Withdraw
- The Buyer shall have the right to withdraw from the Sales Contract within 28 days without giving a reason upon the receipt of the ordered Goods. In order to exercise the right, the Buyer shall send (by post, fax or e-mail) a notice to:
7 Kings Avenue Manchester M8 5AS, United Kingdom
Email address: email@example.com
Phone number: + 48 786 233 200.
- In the event of the Buyer`s withdrawal from the Sales Contract, the Seller shall reimburse the Buyer all the payments made, including Delivery costs (in the amount of the least expensive Delivery method) without undue delay and, in any event, not later than 14 days upon the receipt of withdrawal notice. The reimbursement shall be made free of charge with the same means of payment as used for the initial transaction unless expressly agreed otherwise. The Seller shall have the right to withhold the reimbursement until the receipt of the returned Goods or the evidence of sending it back, whichever is the earliest.
- The Buyer shall return the Goods within 14 days upon the Seller`s receipt of withdrawal notice. The costs of return shall be borne by the Buyer. The Buyer shall be liable for any decrease in the value of the Goods.
Paragraph 11. Free Services
- The Seller provides to the Buyer a free of charge digital services such as: form, newsletter, User Account.
- The services are provided 7 days a week, 24 hours a day.
- The newsletter may be used by the Buyer who expressly agrees to receive commercial information and provide his or her email address in the registration form. Following the registration, the Buyer shall immediately receive from the Seller an e-mail confirmation. This moment shall be deemed as the conclusion of the agreement on the provision of newsletter service.
- Each newsletter shall contain the information on unsubscribing from the service available to the Buyer on a continuous basis.
Paragraph 12. Privacy Protection
- The administration of Buyer`s personal data by the Seller is subject to Buyer`s consent expressed at registration or submission of a one-off Order and within the framework of the Seller’s provision of services by electronic means or under other circumstances specified herein.
- Buyer`s personal data provided when placing an Order shall be processed for the purposes of sales and ordered services, withdrawal from the Sales Contract, submitting complaint or guarantee claims – pursuant to Article 23 Section 1 Point 3 of the Personal Data Protection Act (Dz. U. of 1997 No. 133 Item 883 as amended), and the fulfillment of obligations resulting from the generally binding tax and reporting obligations, Article 23 Section 1 Point 2 of the aforementioned act; and in cases justified also for the purposes of claiming debts – pursuant to Article 23 Section 1 in connection with Article 23 Section 4 Point 2 of the aforementioned act.
- The Seller shall also process Buyer’s personal data for the purposes of providing the services by electronic means and other purposes as set out herein.
- The provision of required Buyer`s personal data is necessary for the fulfillment of the Order. Any other personal data that is not necessary for the above purposes shall be immediately removed by the administrator.
- The Seller shall protect the obtained personal data and exercise due efforts to protect them from unauthorized access or use.
- The Seller may disclose the Buyer’s personal data to Suppliers to the extent necessary for the Delivery.
- The Buyer shall have the right to access his or her personal data, correct and remove it at any time by contacting 7 Kings Avenue Manchester M8 5AS, United Kingdom, e-mail: firstname.lastname@example.org.
- The Buyer shall have the right to withdraw his or her consent to data processing by sending a request e.g. to the Seller’s e-mail address.
Paragraph 13. Buyer’s Obligations and Intellectual Property Protection
- The Buyer shall in particular:
- Use the Online Store in a way that does infringe its operation, in particular with the use of appropriate software and devices;
- Not send or place unsolicited commercial information (spam) at the Online Store;
- Use the Online Store in a manner not resulting in any inconveniences to other Buyers or the Seller;
- Use of the Online Store in accordance with the Polish law and provisions hereof.
- It is forbidden to use any material published at the Online Store without the Seller’s prior written consent.
Paragraph 14. Applicable Laws and Jurisdiction
- This Terms and Conditions shall be construed in accordance with the laws of User`s domicile.
- Any disputes arising in connection thereto shall be settled by a public, generally competent court unless expressly agreed otherwise.
Enjoy your shopping!