Terms and conditions

SHOP REGULATIONS

A new contract between the Buyer and the Seller may be concluded in two ways.

The Buyer has the right to negotiate the terms and conditions of the shop before placing a new order. Such negotiations should be conducted in writing and sent directly to the Seller (Ewa Kowalska Baby Bear, ul. Rubinowa 1/1, 45-940 Opole, NIP 7542861647).

In case the Buyer renounces the possibility of concluding a new contract by way of individual negotiations, the following regulations and laws apply.

SHOP REGULATIONS

§1. Definitions

  • Postal address - name and surname or name of institution, street name, building/property/house/flat number, postal code, city, country.
  • Complaint address - Ewa Kowalska Baby Bear, ul. Rubinowa 1/1 45-940 Opole, NIP 7542861647.
  • Delivery pricelist - a list of available delivery options and their costs, presented at baby-bear.pl/dostawa
  • Contact address: Ewa Kowalska Baby Bear, ul. Rubinowa 1/1, 45-940 Opole, NIP 7542861647, e-mail :info@baby-bear.pl
  • Delivery  - specification of the shipping service and the carrier, as well as its costs presented in the delivery price list at baby-bear.pl/dostawa
  • Proof of purchase - an invoice or a receipt issued in accordance with the Value-Added Tax Act of 11 March 2004 including all later amendments, and with all the applicable laws.
  • Product card - a single shop website card presenting information regarding a specific product.
  • Customer - a natural person of age that has full capacity to enter into legal transactions, a legal person or an organizational unit with no legal personality, but having full capacity to enter into legal transactions, that purchases a product which is directly linked to their economic activity/business.
  • Civil code – Civil Code Act of 23 April 1964 including all later amendments.
  • Code of good practice – a collection of rules of behavior, ethical and professional standards in particular, that are specified in the article 2 of the Act on Combating Unfair Commercial Practices of 23 August 2007 including all later amendments.
  • Consumer- a natural person of age that has full capacity to enter into legal transactions that purchases a product which is not directly linked to their economic activity/business.
  • Shopping cart - a list of products chosen from the shop offer that is prepared by the Buyer.
  • Buyer - both Consumer and Customer.
  • Place of delivery of goods -postal address or receipt point indicated by the Buyer while making a new order.
  • Moment of delivery of goods - the moment when either the Buyer or an authorized third party takes possession of the product.
  • ODR platform – UE online service acting on the basis of the Regulation of the European Parliament and of the Council (UE) nr 524/2013 of 21 May 2013, which concerns the internet system of resolving Consumer disputes, as well as of the amendment (WE) nr 2006/2004, the directive 2009/22/WE and https://webgate.ec.europa.eu/o... 
  • Payment - a method of making a payment for subject of the contract and its delivery, presented at baby-bear.pl/platnosc.
  • Authorized entity – a party authorized to settle a Consumer dispute by way of out -of- court proceedings in accordance with the The Act on Out-of-court Consumer Dispute Resolution of 23 September 2016 including all later amendments. 
  • Consumer rights–Act on Consumer Rights of 30 May 2014.Ewa Kowalska Baby Bear,
  • Product –minimal and indivisible number of items that may constitute subject of an order and which is presented by the Seller as a unit of measure while determining its price (price/unit).
  • Subject of a contract - products and delivery that constitute subject of a contract.
  • Subject of a payment - subject of a contract.
  • Receipt point –a place of delivery of goods that does not constitute a postal address and that is listed by the Seller in the shop.
  • Register of the Office of Competition and Consumer Protection (UOKiK) - a register of authorized entities which is carried out by the UOKiK on the basis of the Act on Out-of-court Consumer Dispute Resolution of 23 September 2016 including all later amendments, available at https://uokik.gov.pl/rejestr_p...
  • Item - a personal estate that may constitute or constitutes subject of a contract. 
  • Shop -online service available at ul.Rubinowa 1/1 45-940 Opole .pl that enables the Buyer to make a new order.
  • Seller: 45-833 Opole, NIP: 7542861647, REGON: 365912221, GIODO: 123456, registered and present in the CEIDG (Central Registration and Information on Business) at https://prod.ceidg.gov.pl/CEID... , BANK ACCOUNT: 82 1240 5178 1111 0010 7111 4061.
  • System - a complex of IT devices and software that ensures processing and storing, as well as sending and receiving of data via telecommunications network with the use of the end device that is competent for a given type of network, commonly called Internet.
  • Delivery deadline - number of hours or working days presented on the product card.
  • Contract – an agreement concluded outside the entrepreneur’s premises or remotely in accordance with the Act on Consumer Rights of 30 May 2014, as for the Consumers. A sales agreement  in accordance with the art. 535 of the Civil Code Act of 23 April 1964, as for the Buyers.
  • Defect - both physical and legal defect.
  • Legal defect - a situation either when the sold item constitutes a third party’s property or is encumbered with a third party’s rights, but also when the limitation in its use and disposal results from a decision or judgment of a competent body.
  • Physical defect – discrepancy between the sold item and the contract, especially when the item:

    • Lacks properties that should be typical for such an item due to its purpose defined in the contract or resulting from the circumstances or use;
    • Lacks properties that the Buyer was ensured of by the Seller;
    • Is not suitable for the purpose which the Seller was informed about by the Consumer while concluding the contract and when the Seller did not raise any objections regarding such a purpose;
    • Was delivered to the Consumer in an incomplete form;
    • In the event of the item’s wrong installation and switching on, in case such activities were executed either by the Seller or a third party who the Seller is responsible for, or the Consumer who followed instructions of the Seller;
    • Lacks properties guaranteed either by the producer or their representative or a person who puts the item on the market in the area of their economic activity, or a person who defines themselves as a producer by placing their name or trademark or any other distinguishing mark on the sold item - unless the Seller was not aware/could not have been aware of such guarantees or such guarantees could not have had any impact on the Consumer’s decision regarding the effective conclusion of a contract or such guarantees were put right before the final conclusion a contract.
  • Order - a declaration of Buyer’s will, made via the shop, which explicitly determinates: type and number of products, type of delivery, type of payment, place of delivery of goods and Buyer’s personal data, aimed at the effective conclusion of a contract between the Buyer and the Seller.

§2 General conditions

  • The contract is concluded in Polish in accordance with the Polish law and these regulations.
  • The place of delivery of goods must be located in the Republic of Poland.
  • The Seller is obliged to and undertakes to provide services and deliver products free and clear of any defects.
  • All the prices presented by the Seller are in Polish zloty and they constitute gross prices (VAT is included). Product prices do not include costs of delivery which are defined in the delivery price list.
  • All the deadlines are determined in accordance with the art. 111 of the Civil Code, i.e. the lapse of a time limit is on the very last day as for the deadlines expressed with the use of days. If some event happens to mark the beginning of a time limit, the day of such an event will not be counted to define the deadline.
  • Confirmation, availability, records, security of any significant resolutions of the contract, in order to gain access to such information in the future, occurs in the form of:
    • confirmation by sending to a given e-mail address:  order details, pro forma invoices, information regarding the right to withdraw from the agreement, these regulations in a PDF file, a withdrawal from the agreement specimen form in a PDF file, links to download independently both the shop regulations and a withdrawal from the agreement specimen form;
    • printed attachments added to the order that is sent to a given place of delivery of goods: proof of purchase, information regarding the right to withdraw from the agreement, these regulations, a withdrawal from the agreement specimen form.
  • The Seller informs the Buyer about guarantees provided by third parties, which concern products form the shop offer.
  • The Seller does not charge for contacting with them with the use of means of remote communication, whereas the Buyer is obliged to bear the costs agreed with third parties that provide service which enables the Buyer to communicate remotely.
  • The Seller ensures proper functioning of the shop as far as the following Internet browsers are concerned: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari together with the newest versions of JAVA and FLASH, on displays of horizontal resolution over 1024 px. The use of software of third parties that have impact on functioning and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct visualization of the shop. For this reason, in order to obtain full functionality of the shop baby-bear.pl , the third parties’ software must be switched off. 
  • The Buyer can use the option of saving his personal data in order to facilitate the process of making next orders. For this purpose the Buyer should provide their username and password which are indispensable to get access to their account. Username and password constitute a sequence of signs selected by the Buyer who is obliged to keep them secret and to protect them from an unauthorized access of third parties. The Buyer has the possibility to access, correct, update their data, as well as to delete the account, at any time.
  • The Seller complies with the Code of good practice.
  • The Buyer is obliged to:
    • Refrain from the contents forbidden by regulations of law, e.g. contents propagating violence, defaming or violating personal interests and other rights of third parties;
    • Use the shop in a way that does not disturb its functioning, especially by using a proper software and devices;
    • Refrain from sending and publishing unwanted commercial information (spam);
    • Use the shop in a way that does not disturb both other Buyers and the Seller;
    •  Use all the contents placed within the framework of the shop exclusively for the personal use;
    • Use the shop in accordance with the regulations of Polish law, shop terms and conditions, as well as with general rules of the netiquette.

 §3 Conclusion of a contract and processing an order

  • Orders can be placed 24 hours a day.
  • To place a new order the Buyer should perform at least the following actions, a part of which may be repeated many times:
    • Adding products to the shopping cart;
    • Selecting kind of delivery;
    • Selecting method of payment (Blue Media S.A. is the entity providing the online service);
    • Selecting place of delivery of goods;
    • Making a new order by clicking on ‘Buy and pay’.
  • The conclusion of a contract with the Consumer occurs at the moment of placing a new order.
  • Performance of the Consumer’s order that is to be paid with cash on delivery occurs immediately, whereas the orders paid with bank transfer or with the use of a system of electronic payments are processed once the payment is posted on the Seller’s account, what should occur within 30 days from placing an order, unless the Consumer was not able to do it for reasons beyond their control and informed the Seller about such problems.
  • The conclusion of a contract with the Client occurs at the moment of taking an order by the Seller who informs the Client about it within 48 hours from the moment when the order was placed.
  • Performance of the Client’s order that is to be paid with cash on delivery occurs immediately after the conclusion of a contract, whereas the orders paid with bank transfer or with the use of a system of electronic payments are processed once the contract is concluded  and the payment is posted on the Seller’s account.
  • Performance of the Client’s order may depend either on  making a full or a partial payment for the purchase or on obtaining a trade credit limit at least of the value of the order, as well as on the Seller’s decision to send the order for cash on delivery.
  • The subject of a contract is sent within a time limit determined on the product card. As for the orders containing  more than one product, the maximum time limit on product cards is to be taken into consideration. Time limits are counted from the moment of order processing.
  • The purchase together with the attachments from §2 p.6b and a selected sales note is sent to the place of delivery of goods indicated by the Buyer.

§4 The right of withdrawal from the agreement

  • The Consumer has the right to withdraw from a remote contract under the art. 27 of the Act on Consumer Rights without giving reasons and without the need to incur costs, except for the costs defined in the art. 33 and 34 of the Act on Consumer Rights.
  • The time limit for a withdrawal  from a remote agreement is 14 days from the moment of delivery of goods. The period for withdrawal shall be deemed to have been observed if the notice of withdrawal is sent before its expiry.
  • A notice of withdrawal from an agreement can be submitted either with the use of a specimen form that constitutes the attachment nr 2 of the Act on Consumer Rights or a form available at baby-bear.pl/formularz-zwrotu, or any other method  that remains in accordance with the Consumer Rights.
  • The Seller shall confirm immediately the receipt of a withdrawal notice via e-mail (to the e-mail address that was used for the order and to any other e-mail address if provided in the notice).
  • In case of a withdrawal from a remote contract, the contract is considered not concluded.
  • The Consumer is obliged to return products to the Seller immediately, not later than 28 days from the withdrawal. The period for withdrawal shall be deemed to have been observed if the goods are returned before its expiry.
  • The Consumer returns goods that are subject of the contract which the Consumer withdrew from at their own expense.
  • The Consumer does not incur costs for the supply of digital contents which are not captured on a tangible medium either if they did not agree for performance before the lapse of withdrawal time limit or they were not informed about the loss of their right to withdraw while agreeing on performance, or the entrepreneur did not provide any confirmation in accordance with the art. 15, regulation 1 and art. 21, regulation 1. of the Act on Consumer Rights.  
  • The Consumer is liable for any diminished value of a product resulting from the handling of the product other than what is necessary to establish its character, features and functioning.
  • The Seller shall reimburse all the payments processed by the Consumer within 14 days from receiving a withdrawal notice, not including costs of delivery. 
  • The Seller shall refund the money to the original method of payment, unless the Consumer expressly opted for a different type of payment which does not entail any additional costs. In case of an order made with a payment card, the Seller shall transfer the funds to a bank account assigned to the Consumer’s/ Client’s card.
  • The Seller may refrain from refunding the Consumer until they receive the product or a dispatch confirmation, whichever occurs earlier.
  • In accordance with the art. 38 of the Act on Consumer Rights The Consumer is not entitled to withdraw from a contract:
    • Where prices or remuneration is dependent on financial market fluctuations that are beyond the control of the Seller and which may occur before the lapse of withdrawal time limit;
    • Where the subject of an agreement is  a non-prefabricated product made on the basis of individual choice and needs of the Consumer;
    • Where the subject of an agreement is  a product that is liable to deteriorate or expire rapidly;
    • Where the subject of an agreement is a product which is delivered in a sealed package, that once opened after delivery cannot be returned for health protection and hygienic reasons.
    • Where the subject of an agreement is a product that after delivery is by its nature directly connected with other products;
    • Where the subject of an agreement is either sound or visual recording or computer program delivered in a sealed package which was opened after delivery.
    • Regarding the supply of digital contents that are not captured on a tangible medium, in case the Consumer expressly agreed for performance before the lapse of withdrawal time limit and after the Consumer was informed by the entrepreneur about the loss of their right to withdraw from the agreement.
    • Regarding the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.

§5 Warranty

  • The Seller completely excludes the liability for material and legal defects (warranty) towards the Clients in accordance with the art. 558§1 of the Civil Code Act.
  • The Seller is liable for defects (warranty) towards the Consumer with the principles provided in the art. 556 and the following articles of the Civil Code Act.
  • As for a contract with the Consumer, if a material defect was proven within 1 year from the moment of delivery of goods,  it shall be presumed to have existed at the time when the risk passed to the Consumer.
  • If a purchased product has defects, the Consumer is entitled to:
    • Submit a request of price reduction;
    • Submit a notice of withdrawal from a contract;
    • unless the Seller immediately replaces or repairs the defected product without causing an excessive inconvenience to the Consumer. However, if the defected product was already replaced/repaired by the Seller or the Seller was unable to replace/repair it, the Buyer has right to request price reduction or withdraw from the contract.  
  • The Consumer may request either a replacement of the defective product or a repair, unless the type of repair indicated by the Consumer is not possible or the costs of bringing the defective product into conformity with the contract of sale are excessive in comparison with the type of repair offered  by the Seller. Not only the value of a product that is free of defects, as well as a type and significance of the proven defect are taken into consideration when estimating the excessive costs, but also any inconvenience the Consumer would be exposed to in case of a different way of satisfying their request.
  • The Consumer cannot withdraw from a contract if the defect is irrelevant.
  • If a purchased product is defective, the Consumer can:
    • Request a replacement for a product that is free of defects;
    • Request a repair.
  • The Seller is obliged either to replace a defective product or repair it within a reasonable timeframe and without an excessive inconvenience caused to the Consumer.
  • The Seller may refuse to satisfy demands of the Consumer if a method of bringing the defective product into conformity with the contract of sale indicated by the Buyer is impossible or its costs would be excessive.
  • In case of installation of a defective product, the Consumer may request its removal, repair and reinstallation or request that a new one is installed, but they shall partially cover the related costs which exceed the price of a sold product. The Consumer may also request that the Seller partially covers the costs of disassembly and reinstallation up to the price of the sold product. In case the Seller fails to fulfill their obligation, the Consumer shall be authorized to proceed with these activities at the Seller’s expense and risk.
  • The Consumer that executes rights under a warranty is obliged to deliver the faulty product to the complaint address at the Seller’s expense. In case the delivery of the faulty product is excessively impeded due to its nature or the way it was installed, the Consumer is obliged to make the product available to the Seller at the place of its location. In case the Seller fails to fulfill their obligation, the Consumer shall be authorized to send the product at the Seller’s expense and risk.
  • The costs of repair or replace shall be covered by the Seller, except for the situation described in the §5, point 10.
  • The Seller is obliged to accept the faulty product form the Consumer in case of its replacement or the Customer’s withdrawal from an agreement.
  • The Seller shall express within 14 days their standpoint with the respect to the art. 561 of the Civil Code Act: request of price reduction, request of replacement or repair. The Seller shall express within 30 days (art. 7a of the Act on Consumer Rights) their standpoint with the respect to the Customer’s declarations which the ‘14 days rule’ specified in the Civil Code Act does not apply to.
  • If this is not so, the Customer’s declarations or requests shall be deemed justified. 
  • The Seller is responsible under the warranty if physical defects are proven within 2 years from the moment of delivery of goods to the Consumer and within 1 year from the moment of delivery of goods in case of second hand products.
  • The Consumer claims regarding repair or replacement of the faulty product expire after 1 year from the occurrence of the defect, but not earlier than after 2 years from the moment of delivery of goods to the Consumer, and after 1 year from the moment of delivery of goods in case of second hand products.
  • In case the date of durability or ‘use by’ date defined by the Seller or producer passes after 2 years from the moment of delivery of goods to the Consumer, the Seller is liable under the warranty for product’s physical defects proven before expiration of this period.
  • During the periods defined in §5 points 15-17 the Consumer may submit a notice of withdrawal from a contract or price reduction due to physical defects of the purchased product. If the Consumer requests a replacement of a faulty product or its repair, the time limit for submitting a notice of withdrawal or price reduction is counted from the moment of ineffective expiry of the term for replacement or repair of the faulty product.
  • If the Customer decides to vindicate their warranty claims before a court/conciliation court, the time limit for execution of other warranty rights of the Consumer shall be suspended until the final disposal of court proceedings. Mediation proceedings may also apply, in which case the time limit for execution of other warranty rights of the Consumer is counted from the day of court’s refusal to approve settlement before the mediator or from the day of ineffective end of the mediation.
  • Regulations of §5, points 15-16, shall be applied as far as the execution of warranty entitlements in respect of legal defects are concerned, but in this case the time limit is counted from the moment when the Consumer became aware of the defect. If the Consumer became aware of the defect as a consequence of third party proceedings, the time limit is counted from the day when the judgment in a dispute with third party became enforceable.
  • If the Consumer submitted a notice of withdrawal or price reduction due to product defects, they may request a redress of damage suffered because of the fact that they concluded a contract without being aware of product defects, even if the defects were a result of circumstances which the Seller was not liable for. The Consumer may particularly demand reimbursement of costs of contract, delivery, transport, storage and insurance of goods, reimbursement of outlays to the extent that such outlays were not benefited from and were not returned to the Consumer by a third party, as well as reimbursement of costs of litigation. This shall not prejudice the general provisions on the obligation to rectify damage.
  • The expiration of any time limit of finding a defect does not exclude execution of warranty entitlements if the Seller fraudulently concealed the defect.
  • If the Seller is obliged to provide service or financial contribution for the benefit of the Consumer, they shall do it without undue delay, not later than within time limits defined by law.

§6 Privacy policy and personal data security

  • The Seller constitutes the controller of personal databases that are provided by the Consumers of the shop.
  • The Seller is obliged to protect personal data in accordance with the Act on the Protection of Personal Data of 29 August 1997 and the Act on Electronic Services of 18 July 2002. The Buyer by providing their personal data while placing an order authorizes the Seller to process such data in order to conclude the new order. The Buyer has the possibility to access, correct, update or deleted their personal data at any time.
  • All the detailed information with regard to collecting, protection and storage of personal data that is used to process a new order by the shop is defined in the Privacy Policy available at baby-bear.pl/polityka-prywatnosci.

§7 Final provisions

  • None of the present provisions is intended to compromise the rights of the Buyer. Also, they are not to be interpreted in such way due to the fact that in case of any discrepancy between the present regulations and the applicable laws, the Seller shall conform to the laws.
  • The registered Buyers shall be informed via e-mail (e-mail address provided at the moment of the registration or while making a new order) about any amendments made to the present regulations. An appropriate notification shall be sent at least 30 days before the entry into force of the new regulations. Amendments are introduced in order to adapt the existing regulations to the current legal environment.
  • The valid version of shop regulations is available at baby-bear.pl/regulamin at any time. The Buyer shall comply with the shop regulations, which were accepted while making an order, during the period of order processing and during the period of after-sales services, except when the Consumer considers the regulations that were accepted less favorable than the current ones and informs the Seller that the new regulations shall be applicable to their contract.
  • In matters not covered by the present regulations, the existing legal provisions apply. Controversial issues shall be resolved by way of mediation proceedings before Voivodship Inspectorates of Trade Inspection or conciliation courts, if the Consumer so wishes. The Consumer may also have recourse to other equivalent and legal methods of pre-court or out-of-court dispute solving, e.g. by the use of the UE ODR internet platform or by choosing an authorized entity from the register of the Office of Competition and Consumer Protection (UOKiK). The Seller intends to and consents to out-of-court dispute solving.
  • If such methods fail to achieve a result satisfactory for both sides, the case shall be resolved by a court of factual and local jurisdiction.


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