Shop Regulations
REGULATIONS OF THE JAKWYCHOWACDZIECKO.PL ONLINE STORE
TABLE OF CONTENTS: GENERAL PROVISIONS · ELECTRONIC SERVICES IN THE ONLINE STORE · TERMS OF CONCLUDING A SALES AGREEMENT · PAYMENT METHODS AND TERMS FOR THE PRODUCT · COST, METHODS AND TERM OF PRODUCT DELIVERY · COMPLAINT HANDLING PROCEDURE · OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT, AND RULES OF ACCESS TO THESE PROCEDURES · RIGHT OF WITHDRAWAL FROM THE AGREEMENT · PROVISIONS CONCERNING ENTREPRENEURS · PRODUCT REVIEWS · FINAL PROVISIONS · MODEL WITHDRAWAL FORM
1. GENERAL PROVISIONS
1.1. Online Store
The Online Store, available at jakwychowacdziecko.pl, is operated by:
TRENCHES SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ KRS: 0001231273 NIP: 5273211649 REGON: 544337801 Registered office address: Marcina Kasprzaka 31/119, 01-234 Warszawa, Poland Legal form: Limited liability company Share capital: PLN 5,000
Contact: Email: trenches.spzoo@gmail.com Phone: +48 732 145 417
1.2. Scope of regulations
These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulations states otherwise.
1.3. Personal data protection
The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of these Regulations. Personal data is processed for purposes, for the period, and based on the grounds and principles indicated in the Privacy Policy published on the Online Store's website. The Privacy Policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Client using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the payment method.
1.4.3. CLIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.4. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93 as amended).
1.4.5. COPYRIGHT LAW – the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws No. 24, item 83 as amended).
1.4.6. PRODUCT – digital content available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.
1.4.7. REGULATIONS – these Regulations of the Online Store.
1.4.8. ONLINE STORE – the Service Provider's online store available at the internet address: www.jakwychowacdziecko.pl
1.4.9. SELLER, SERVICE PROVIDER – TRENCHES Spółka z ograniczoną odpowiedzialnością, KRS 0001231273, NIP 5273211649, trenches.spzoo@gmail.com
1.4.10. SALES AGREEMENT – a product sales agreement concluded or to be concluded between the Client and the Seller via the Online Store.
1.4.11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.12. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.13. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827 as amended).
1.4.14. ORDER – a declaration of will by the Client made using the Order Form, directly aimed at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. Available services
The following Electronic Service is available in the Online Store: Order Form.
2.1.1. Order Form
The use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. An Order is placed after the Client completes two consecutive steps: filling out the Order Form and clicking the field on the Online Store website that finalizes the purchase after filling out the Order Form. Until this moment, it is possible to independently modify the entered data.
Required data in the Order Form: first name and last name, email address, product(s), product quantity(ies), payment method. For Clients who are not consumers, it is also necessary to provide the company name and NIP (tax identification number).
2.1.1.1. The Order Form Electronic Service is provided free of charge, is one-time in nature, and terminates upon placement of the Order through it or upon earlier cessation of placing the Order through it by the Service Recipient.
2.2. Technical requirements
Technical requirements necessary for cooperation with the ICT system used by the Service Provider: a computer, laptop, or other multimedia device with Internet access; access to e-mail; an up-to-date web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, or Microsoft Edge; enabling cookies and JavaScript in the web browser.
2.3. Rules of use
The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the facts. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaints
The complaint procedure for Electronic Services is specified in point 6 of the Regulations.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. Conclusion of the agreement
A Sales Agreement between the Client and the Seller is concluded after the Client has placed an Order using the Order Form in the Online Store in accordance with point 2.1.1 of the Regulations.
3.2. Price information
The price of the Product displayed on the Online Store's website is given in Polish zlotys and includes taxes. The Client is informed about the total price, including taxes, on the Online Store's pages, including during the ordering process and at the moment the Client expresses willingness to be bound by the Sales Agreement.
3.3. Sales Agreement conclusion procedure
3.3.1. Placing an order – A Sales Agreement between the Client and the Seller is concluded after the Client has placed an Order in the Online Store in accordance with point 2.1.1 of the Regulations.
3.3.2. Order confirmation – After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Client a relevant e-mail message to the e-mail address provided by the Client during the ordering process, which contains at least the Seller's declarations of receipt of the Order and its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Client and the Seller is concluded at the moment the Client receives the aforementioned e-mail message.
3.4. Record of the agreement
The content of the concluded Sales Agreement is recorded, secured, and made available to the Client by making these Regulations available on the Online Store's website and by sending the Client the e-mail message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's IT system.
3.5. System errors
In the event an Order is placed due to an obvious system error or technical oversight, the Seller reserves the right to cancel such Order and send the Client information about the correct purchase conditions consistent with current promotions and the Online Store's offer.
3.6. Discount codes
Discount codes may be available in the Online Store, allowing for a reduction in purchase prices. The terms of use for discount codes are specified each time they are made available.
4. PAYMENT METHODS AND TERMS FOR THE PRODUCT
4.1. Available payment methods
The Seller provides the Client with the following payment methods for the Sales Agreement:
4.1.1. PayNow electronic payments – Electronic payments via the PayNow payment gateway – possible current payment methods are specified on the Online Store's pages in the information tab regarding payment methods and during the ordering process. Available payment methods include: card payments, BLIK, bank transfers.
4.1.1.1. Settlements of electronic payment transactions are carried out according to the Client's choice via the PayNow payment gateway.
4.2. Payment term
4.2.1. If the Client chooses electronic payments, the Client is obliged to make payment within 2 calendar days from the date of concluding the Sales Agreement.
5. COST, METHODS AND TERM OF PRODUCT DELIVERY
5.1. Nature of products – Products offered in the Online Store are digital products (digital content) delivered in electronic form.
5.2. Delivery cost – Product delivery to the Client is free of charge.
5.3. Delivery method – The Seller provides the Client with the following Product delivery method:
5.3.1. Electronic shipment – Electronic shipment to the email address provided by the Client in the Order Form.
5.4. Delivery term
5.4.1. The Product is delivered to the Client's email address immediately after payment is credited to the Seller's bank account, usually within 24 hours from the payment confirmation.
5.4.2. The commencement of the Product delivery period to the Client is counted from the day the Seller's bank account is credited.
6. COMPLAINT HANDLING PROCEDURE
6.1. Scope of the procedure – This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller's operations or the Online Store.
6.2. Submitting a complaint – A complaint can be submitted, for example:
6.2.1. In electronic form via email to: trenches.spzoo@gmail.com
6.3. Recommended content of the complaint – It is recommended to include the following in the complaint description: information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-conformity with the contract; a request for how to bring the product into conformity with the contract, or a statement on price reduction or withdrawal from the contract (refund), or another claim; contact details of the person submitting the complaint. This will facilitate and speed up the processing of the complaint. These requirements are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
6.4. Change of contact details – In the event of a change in the contact details provided by the complainant during the processing of the complaint, they are obliged to inform the Seller about it.
6.5. Attachments to the complaint – The complainant may attach evidence (e.g., photos, documents, or files) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., screenshots) if this will facilitate and speed up the processing of the complaint by the Seller.
6.6. Processing period – The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.7. Legal basis – The basis and scope of the Seller's statutory liability are determined by generally applicable legal provisions, in particular the Civil Code, the Consumer Rights Act, and the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
6.8. Digital content – In the case of a complaint about a Product – digital content – purchased by the Customer based on a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act as amended from January 1, 2023, apply, in particular Articles 43a – 43g of the Consumer Rights Act.
6.9. Entrepreneurs with consumer rights – The provisions regarding the consumer contained in point 6.8. of the Regulations also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, when the content of this agreement indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Business Activity.
7. OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT
7.1. General information – Methods of resolving disputes without court involvement include: facilitating the rapprochement of parties' positions, e.g., through mediation; proposing a dispute resolution, e.g., through conciliation; resolving the dispute and imposing its solution on the parties, e.g., within arbitration (arbitration court). Detailed information is available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/
7.2. UOKiK contact point – A contact point operates at the President of the Office of Competition and Consumer Protection. Contact: by phone – 22 55 60 332 or 22 55 60 333; email – kontakt.adr@uokik.gov.pl; in writing or in person – Office Headquarters, Plac Powstańców Warszawy 1, Warsaw (00-030).
7.3. Consumer options – The consumer has the following exemplary options: an application for dispute resolution to a permanent amicable consumer court; an application for out-of-court dispute resolution to a provincial inspector of the Trade Inspection; assistance from a district (city) consumer ombudsman or social organization (including the Consumers Federation, Polish Consumers Association). Advice is provided by email at: porady@dlakonsumentow.pl and via the consumer hotline: 801 440 220 (hotline open on working days, 8:00-18:00).
7.4. ODR Platform – The internet platform for out-of-court dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/odr.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. Right of withdrawal – A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. In electronic form via email to: trenches.spzoo@gmail.com
8.2. Model form – A sample model form for withdrawal from the contract is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point 12 of the Regulations. The Consumer may use the model form, but it is not obligatory.
8.3. Start of the withdrawal period
8.3.1. For a contract for the supply of digital content not supplied on a tangible medium – from the date of concluding the contract.
8.4. Effects of withdrawal – In the event of withdrawal from a distance contract, the contract is considered not concluded.
⚠️ 8.5. IMPORTANT - LOSS OF THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.5.1. Digital products – In the case of digital products delivered electronically (not on a tangible medium), the consumer loses the right of withdrawal if the Seller has commenced performance with the express prior consent of the consumer, who was informed before the commencement of performance that they would lose the right of withdrawal after the Seller had fully performed the service, and acknowledged this.
8.5.2. Customer consent – By placing an order in the Online Store, the Customer consents to the immediate performance of the contract (delivery of the digital product) before the expiry of the 14-day withdrawal period and acknowledges that, as a result, they lose the right of withdrawal from the contract after the digital product has been delivered.
8.6. Refund
8.6.1. If the consumer retains the right of withdrawal (i.e., if the Product has not yet been delivered), the Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal, refund all payments made by the consumer. The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to another refund method that does not incur any costs for them.
8.7. Exclusion of the right of withdrawal
8.7.1. The right of withdrawal from a distance contract does not apply to contracts for the supply of digital content not supplied on a tangible medium for which the consumer is obliged to pay a price, if the Seller has commenced performance with the express prior consent of the consumer, who was informed before the commencement of performance that they would lose the right of withdrawal after the Seller had fully performed the service, and acknowledged this.
8.8. Entrepreneurs with consumer rights – The provisions regarding the consumer contained in this point 8 of the Regulations also apply to Service Recipients or Customers who are natural persons concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Business Activity, for contracts concluded from January 1, 2021.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. Scope of application – This point 9 of the Regulations and all provisions contained herein are addressed to and thus bind exclusively the Customer or Service Recipient who is not a consumer. Furthermore, from January 1, 2021, and for contracts concluded from that date, this point of the Regulations and all provisions contained herein are not addressed to and thus do not bind a Customer or Service Recipient who is a natural person concluding a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, resulting in particular from the subject of their business activity, made available pursuant to the provisions on the Central Register and Information on Business Activity, unless the application of the provisions contained in this point of the Regulations to such persons is not prohibited.
9.2. Seller's right of withdrawal – The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims by the Customer against the Seller.
9.3. Exclusion of warranty – The Seller's liability under the warranty for the Product or for non-conformity of the Product with the Sales Agreement is excluded.
9.4. Complaint processing period – The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
9.5. Payment methods – The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. Termination of contract – The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.
9.7. Limitation of liability – The Service Provider's/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid under the Sales Agreement, but not exceeding one thousand Polish Złoty. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits.
9.8. Court jurisdiction – Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. PRODUCT REVIEWS
10.1. The Seller enables its Customers to post and access reviews of Products and the Online Store under the terms specified in this point of the Regulations.
10.2. A Customer can post a review after using a form allowing the addition of a review about a Product or the Online Store. This form may be provided directly on the Online Store website (including via an external widget) or may be provided via an individual link sent to the Customer's email address after a purchase.
10.3. Reviews may be published directly on the Online Store website (e.g., next to a given Product) or on an external review collection service with which the Seller cooperates and to which it refers on the Online Store website.
11. FINAL PROVISIONS
11.1. Language of contracts – Contracts concluded through the Online Store are concluded in Polish.
11.2. Changes to the Regulations
11.2.1. The Service Provider reserves the right to make changes to these Regulations for valid reasons, namely: changes in legal provisions; changes in payment methods or terms; being subject to a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; adding new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. Notification of proposed changes is sent at least 15 days in advance of the effective date of such changes, provided that a change may be introduced without observing the 15-day notice period if the Service Provider is subject to a legal or regulatory obligation, or must exceptionally amend its Regulations to counteract an unforeseen and immediate threat.
11.2.3. In the case of concluding a contract of a nature other than continuous contracts, changes to the Regulations will in no way infringe the rights acquired by the Service Recipient before the effective date of the changes to the Regulations, in particular, changes to the Regulations will not affect Orders already placed or being placed, and Sales Agreements concluded, performed, or executed.
11.2.4. Should a change to the Regulations result in the introduction of any new fees or an increase in existing ones, the consumer has the right to withdraw from the contract.
11.3. Applicable provisions – In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
12. MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
(this form should be completed and sent back only if you wish to withdraw from the contract)
Addressee: TRENCHES Spółka z ograniczoną odpowiedzialnością Marcina Kasprzaka 31/119, 01-234 Warszawa Email: trenches.spzoo@gmail.com Phone: +48 732 145 417
I/We(*) hereby inform you of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for work consisting in the performance of the following goods(*)/for the provision of the following service(*)
Date of conclusion of contract(*)/receipt(*)
Consumer's name(s)
Consumer's address(es)
Consumer's signature(s) (only if the form is sent in paper version)
Date
(*) Delete as appropriate