§ 1
Preliminary provisions

Online store available at the internet address shop.pomelody.com and run by Pomelody limited liability company entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in 30-209, VIII Commercial Division of the National Court Register under KRS number 0000479187, REGON 243383263, Tax ID no. NIP 5472147670, of share capital of PLN 220,000.00 (in words: two hundred and twenty thousand zlotys 00/100). Address of the place of business and address for delivery: ul. Krakowska 46 / 56A, 42-202 Częstochowa, and e-mail address: support@pomelody.com.

§ 2

  1. Consumer – a natural person concluding an agreement with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
  2. Seller – Pomelody limited liability company with registered office in Częstochowa (postal code: 42-202) at ul. Krakowska 46 / 56A, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Department of the National Court Register under KRS number: 0000479187, with NIP: 5472147670, REGON: 243383263, with share capital in the amount of 220,000.00 PLN (in words: two hundred and twenty thousand zlotys 00/100).
  3. Client – any entity making purchases through the Store.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performs in its own name an economic activity that uses the Store.
  5. Shop – online store run by the Seller at the address https://shop.pomelody.com/
  6. Contract concluded at a distance – an agreement concluded with the Client as part of an organized system of concluding distance contracts (as part of the Store), without simultaneous physical presence of parties, with the exclusive use of one or more means of distance communication up to the conclusion of the contract, inclusive.
  7. Regulations – these Regulations of the Store.
  8. Order – Customer’s declaration of intent submitted via the Order Form and aiming directly at concluding a Product Sales Agreement or Products with the Seller.
  9. Account – customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.
  10. Registration form – a form available in the Store, enabling the creation of an Account.
  11. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.
  12. Shopping Cart – an element of the Store’s software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  13. Product – a movable item available in the Store / a service being the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales AgreementProduct sales contract concluded or concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the Product features – a contract for the provision of services and a contract for specific work. 

§ 3
Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, you will need:

  • terminal device with access to the Internet and a browser such as Chrome, Firefox, Internet Explorer, Opera, Safari,
  • active e-mail account (e-mail),
  • enabled cookies.

§ 4
General information

  1. Seller in the widest extent permitted by law is not responsible for disruptions in this interruption in the functioning of the Store caused by force majeure, unlawful activities of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
  2. Browsing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.
  3. The prices in the store are given in Polish zlotys, euros or US dollars and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing orders, including when expressing he prefers to be bound by the Sales Agreement.

§ 5
Creating an Account in the Store

  1. To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: e-mail address.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and password set in the Registration Form.
  4. The Customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e-mail to the address – support@pomelody.com.

§ 6
The rules for placing orders

  1. The customer may place orders for products available in the assortment as a registered customer (after logging in to the customer’s account) or as a so-called customer. “Guest” (unregistered customer).
  2. In order to place an order:
  • Select the product that is the subject of the order, and then click “Add to cart” (or equivalent), but if you want to buy several products, repeat this operation for each of the selected products,
  • After completing the product selection process, go to “Orders” and then:
    – choose the method of delivery of the product, and, if the chosen method of product delivery requires it, the type of delivery,
    – choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3,
    – click the “Buy and pay” button.

§ 7
Offered delivery methods and payments

  1. The ordered product is delivered with the participation of specialized courier companies. The customer bears the delivery costs specified in the price list available on the Store’s website.
  2. The Customer is obliged to pay the price for the product ordered in the Store, including delivery costs, not later than at the time of concluding the contract with the Seller. The following forms of payment are possible:
    – By bank transfer – payment by a traditional bank transfer. After placing the order, the customer receives via e-mail (e-mail) the bank account number to which the correct amount should be transferred. Once the payment has been credited to the Seller’s bank account, the order is transferred for execution.
    – An online transfer operated by the Przelewy24 system, a service provided by PayPro S.A. a national payment institution entered in the register of payment services under the number IP24 / 2014. The transfer is posted within several minutes, after which the order is transferred for execution. Customers do not incur additional fees for this form of payment.
    – Credit card.
    – Through the service: PayPal (PayPal Polska Sp. O.o. with the registered office in Warsaw, 00-113 Warsaw, at Emilii Plater 53, KRS: 0000289372, NIP: 5252406419, REGON: 141108225).
  3. At the customer’s request, a VAT invoice is issued. The VAT invoice may be delivered electronically to the e-mail address provided by the Customer, unless the Customer clearly indicates that the VAT invoice should be delivered in a traditional form.
  4. The delivery time of the products is no more than 7 business days from the date of the contract. The date of receiving the shipment is each time the order is completed plus the delivery time. In the event of delays, the Customer will be informed in advance.

§ 8
Execution of a sales contract

  1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with §6 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution.
  3. If the customer chooses:
    a) payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
  4. The product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
  5. a) If you order Products with different delivery times, the delivery date is the longest given date.
    b) If you order Products with different delivery times, the Customer has the option to request delivery of Products in parts or to deliver all Products after completing the entire order.
  6. The beginning of the delivery of the Product to the Customer counts as follows:
    a) if the Customer selects the method of payment by bank transfer, electronic payments or by credit card – from the day of crediting the Seller’s bank account.
  7. In the case of orders of Products with different dates of readiness for collection, the date of readiness for receipt is the longest given date.
  8. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The delivery costs of the Product (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store pages while placing the Order.

§ 9
The right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 30 days without giving any reason.
  2. The period of time specified in paragraph 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
  3. In the case of an Agreement that includes many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 runs from the delivery of the last item, lot or part.
  4. To comply with the date on which the Consumer may withdraw from the Sales Agreement, it is enough to send a statement before its expiration. The declaration on withdrawal from the contract may be made, for example:
    – in electronic form via e-mail to the following address: support@pomelody.com,
    – in writing to the following address: ul. Królowej Jadwigi 97C, 30-209 Krakow.
  5. Returning the product in physical form is possible only if it is originally wrapped in foil and has no signs of use.
  6. Effects of withdrawal from the Agreement:
    a) In the event of withdrawal from the Contract concluded remotely, the Agreement shall be considered void.
    b) In the event of withdrawal from the Agreement, the Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, all payments made by him, including the cost of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest usual delivery method offered by the Seller.
    c) The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution, which will not entail any costs for him.
    d) The Seller may withhold the return of the payment until receiving the Product back or until it has been provided with proof of its return, depending on which event occurs first.
    e) The consumer should return the Product to the address of the Seller specified in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
    f) The consumer bears direct costs of returning the Product, including the cost of returning the Product, if due to its nature, the Product could not be sent back by regular mail.
    g) The consumer is only liable for a decrease in the value of the Product resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  7. If, due to the nature of the Product, it can not be sent in regular mode by post, information about this, as well as the cost of returning the Product, will be in the Product description in the Store.
  8. The right to withdraw from the contract is not entitled to the Consumer in relation to the contract (pursuant to Article 38 of the Act of 30 May 2014 on consumer rights – unified text of 24 June 2014, Journal of Laws of 2014. , item 827):
    a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who has been informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract,
    b) in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract,
    c) in which the object of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs;
    d) in which the object of the service is an item subject to rapid deterioration or having a short shelf-life,
    e) in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
    f) in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things,
    g) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sale, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control,
    h) in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those whose performance the consumer demanded, or provides things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer in respect of additional services or things,
    i) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery,
    j) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
    k) concluded through a public auction,
    l) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service provision,
    m) for delivery of digital content that is not recorded on a tangible medium, if the fulfillment of the service started with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

§ 10
Complaint and warranty

  1. The New Products are covered by the Sale Agreement.
    The seller is responsible for defects of the product based on applicable law. In the case of sales that are not consumer sales, the provisions on warranty included in the Civil Code are excluded.
    Claims under the warranty can be submitted via e-mail by sending an e-mail to: support@pomelody.com.
    The customer has the right to demand a price reduction or withdrawal from the contract, unless the seller immediately and without excessive inconvenience for the customer exchanges the defective product for one free of defects or removes the defect.
    The seller considers the complaint under the warranty within 14 days from the date of its receipt in the correct form. If the Seller does not respond to the Client’s requests within 14 days, this means that he has considered the requests reasonable. In each of the above cases, when the fulfillment of Customer’s requests involves the delivery of a new or repaired product, the delivery costs shall be borne by the Seller.
    Goods sent as part of the complaint procedure should be sent to the address – ul. Królowej Jadwigi 97C, 30-209 Kraków.

§ 11

Out-of-court ways to handle complaints and redress

  1. Detailed information on the Consumer’s use of out-of-court complaint and redress methods as well as rules on access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorate Inspectorates Handlowa and 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_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following exemplary possibilities to use non-judicial means of dealing with complaints and redress:
    a) The consumer is entitled to apply to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148, as amended), with a request to settle the dispute arising from the Contract concluded with the Seller.
    b) The consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws from 2014, item 148 with later amendments), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
    c) The consumer can get free assistance in settling the dispute between him and the Seller, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 12
Personal data in the Online Store

  1. The administrator of personal data of Customers collected via the Online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
  3. The recipients of personal data of the Online Store customers may be:
    – In the case of the Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
    – In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Customer to the selected entity servicing the above payments in the Online Store.
  4. The customer has the right to access their data and correct them.
  5. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this contract.

§ 13
Final Provisions

  1. Contracts concluded via the Online Store are concluded in Polish.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
  3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; Consumer Rights Act, the Act on the Protection of Personal Data.
  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may lodge a complaint via the EU ODR online platform at: http://ec.europa.eu/consumers/odr/.

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