Terms of use of the online store
§ 1
Introductory provisions
1. The online store Oh My Room, available at the Internet address aguuguu.pl, is operated by Tymoteusz Grabowski conducting business under the name TGConstruct Tymoteusz Grabowski, registered in the Central Register of Businesses and Information (CEIDG) kept by the competent minister for economy, NIP 6282276703, REGON 383068372.
2. These Terms and Conditions are addressed to Consumers and determine the rules and procedures for the conclusion of a Distance Sales Agreement with the Consumer via the Shop.
§ 2
Definitions
1. Seller - a natural person conducting business activity under the name TGConstruct Tymoteusz Grabowski, registered in the Central Register of Records and Information on Business Activity (CEIDG) kept by the competent minister for economy, NIP 6282276703, REGON 383068372.
2. Customer - any entity making purchases through the Store.
3. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing in its own name a business, which uses the Store.
4. Store - Internet store operated by the Seller at the following Internet address: aguuguu.pl
5. Distance contract - a contract concluded with the Customer within an organized system of contract conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
6. Rules - these rules of the Store.
7. Order - Customer's declaration of will placed through the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
8. Account - client's account in the Shop, it contains data given by the client and information about orders placed by him/her in the Shop.
9. Registration form - a form available in the Store, allowing for creation of an Account.
10. Order form - interactive form available in the Store that enables the placement of an Order, in particular by adding Products to a Basket and determining the terms of a Sales Agreement, including the method of delivery and payment.
11. Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the quantity of products.
12. Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Client and the Seller.
13. Sales Agreement - a contract of sale of a Product concluded or concluded between the Client and Seller via the Internet Shop. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and contract for specific work.
§ 3
Contact with the Store
Seller's address: ul. Dębowa 1A, 32-540 Trzebinia, Poland
Seller's e-mail address: shop@ohmyroom.eu
Seller's phone number: +48 512507844
Seller's bank account number 52 1050 1302 1000 0097 5883 9154
The Client may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
The Client may communicate with the Seller by phone between 9 am and 3 pm.
§ 4
Technical requirements
To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary
a) a final device with access to the Internet and a web browser,
b) an active electronic mail account (e-mail),
c) cookies enabled,,
d) FlashPlayer program installed.
§ 5
General information
1. Seller to the fullest extent permitted by law is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.
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 Terms and Conditions or by providing the necessary personal and address data to allow the Order to be processed without creating an Account.
3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
4. The final (ultimate) 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), of which the Customer shall be informed on the Store's website when placing an Order, including at the moment of expressing his or her will to be bound by the Sales Agreement.
5. If the nature of the subject of the Agreement does not allow, in a reasonable estimation, to calculate in advance the final (final) price, the information about how the price will be calculated, as well as about transport, delivery and postal charges and other costs, shall be given in the Shop in the Product description.
§ 6
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: name, surname,
2. Setting up an Account in the Store is free.
3. Logging into an Account is done by providing a username and password established in the Registration Form.
4. The client has the opportunity at any time, without giving any reason and without incurring any charges on this account by sending the appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.
§ 7
Rules for placing an Order
1. In order to place an Order it is necessary to:
2. log in to the Store (optionally);
3. select the Product which is the subject of the Order and then click the "Add to basket" button (or equivalent);
4. log in or use the possibility of placing an Order without registration;
5. if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
6. click the "Order and pay" button,
7. choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period, subject to § 8 point 3.
§ 8
Offered delivery and payment methods
1. The Client can use the following methods of delivery or collection of the ordered Product:
a) Courier consignment
2. The Customer may use the following payment methods:
a) payment card (Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic),
b) electronic transfer through an external payment system imoje, operated by the company ING Bank
Śląski S.A. based in Katowice.
c) Payment by bank transfer to the Seller's account
d) PayPal
3. Detailed information about the delivery methods and acceptable methods of payment can be found on the pages of the Store.
4. Online payment service provider for quick transfers is Blue Media S.A.
5. Online payment service provider for card payments is Blue Media SA.
§ 9
Conclusion of Sales Agreement
1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after prior submission of the Order by the Customer using the Order Form at the Online Store in accordance with § 7 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which includes at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded.
3. If the Customer chooses:
a) transfer payment, electronic payment or payment card payment, the Customer is obliged to make payment within 2 calendar days from the day of concluding the Sales Agreement - otherwise the order will be cancelled.
b) payment on delivery, the Customer is obliged to make payment on delivery.
c) payment in cash on delivery.
4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. A In the case of an order for Products with different delivery dates, the delivery date is the longest specified date.
B. In the case of orders for Products with different delivery times, the Customer has the option to request delivery of the Products in parts (the Customer bears the costs of individual deliveries) or delivery of all the Products once the entire order has been completed.
6. The start of the Product delivery period to the Customer is calculated as follows:
a) If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
b) In case of choosing by the Client a method of payment on delivery - from the date of conclusion of the Sales Agreement. 6,
6) In the case of choosing by the Customer to collect the Product in person, the Product will be ready for collection by the Customer on the date specified in the Product description. The Client will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the e-mail address of the Client given during placing the Order.
7. In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest specified date.
8. Delivery of the Product takes place within the territory of the European Union.
9. Delivery of the Product to the Client is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Client on the website of the Online Shop under "Delivery Costs" and during the process of placing the Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
10. Personal collection of the Product by the Client is free of charge.
§ 10
Right of withdrawal
1. The buyer has the right to withdraw in writing from the concluded contract without giving any reason within a fourteen days, from the date of conclusion of the contract under the Law of May 30, 2014. (Journal of Laws. 2014, item 827 as amended). In the case of written withdrawal from the contract, the customer is obliged to return the goods within fourteen days. The right referred to above also applies to an individual concluding a contract directly related to his/her business activity, when from the content of this contract shows that it does not have a professional character for this person, resulting in particular from the the subject of his/her business activity, made available on the basis of the provisions of the Central Registration and Information on Economic Activity.
2. The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person designated by him other than the carrier.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in lots or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, lot or part.
4. The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. To preserve the deadline for withdrawal from the Agreement it is sufficient to send a statement by the Consumer before the expiry of this deadline.
5. The statement may be sent by traditional mail, or electronically by sending a statement to the Seller's e-mail address or by submitting a statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the template of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but this is not mandatory.
6. If the statement is sent by the Consumer electronically, the Seller will immediately send to the Consumer at the email address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
7. If the 14-day right of withdrawal is used, the cost of returning the goods shall be borne by the
buyer.
8. Effects of withdrawal from the Agreement:
a) In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered not concluded.
b) In the case of withdrawal from the Agreement the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivery of the items, except for additional costs arising from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
c) Reimbursement of payments will be made by the Seller using the same methods of payment that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution, which will not be associated with any costs to him.
d) The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of having sent the Product back, whichever event occurs first.
e) The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the date on which he informed the Seller about withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the expiry of the 14-day period.
f) The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned in the usual way by post.
g) The Product should contain the original tags and packaging.
9. The right to withdraw from the agreement concluded remotely does not apply to the Consumer in relation to the Agreement:
a) in which the subject matter of the supply is a thing not prefabricated, produced to consumer specification or used to meet his individual needs,
b) in which the subject matter of the performance is the thing supplied in a sealed package that after opening the package cannot be returned for health protection or hygiene reasons, if the package has been opened after delivery,
c) in which the subject of the supply is a perishable item or an item with a short shelf life,
d) for provision of services, if the Seller has fully performed the service with the express consent of the Consumer who was informed before the provision was made, that after the Seller's performance of the service he will lose the right to withdraw from the Agreement,
e) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the end of the deadline for withdrawal from the Agreement,
f) in which the subject of the provision are things that after delivery, because of their nature, are inseparably connected with other things,
§ 11
Complaint and warranty
1. The Sales Agreement covers new Products.
2. The Seller is obliged to provide the Customer with goods free from defects.
3. In case of defects in goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
4. Complaints should be made in writing or electronically to the addresses given in these Terms and Conditions to the Seller.
5. It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect of goods.
6. The Seller shall respond to the complaint immediately, no later than within 14 days, and if the Seller fails to do so within this period, it shall be deemed that the Customer's request is justified.
7. Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
8. The Seller is liable under the warranty, if a physical defect is found before the expiry of two years from the date of issue of items to the Buyer - under the terms of the Civil Code.
9. Goods sold in the Store are covered by the manufacturer's warranty
§ 12
Personal data in the Online Store
1. The administrator of Customers' personal data collected via the Online Store is the Seller.
2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of performing a Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. Recipients of the personal data of the Clients of the Internet Shop can be:
a) In case of a Customer, who uses the delivery method in the Internet Shop by mail or by courier, the Administrator will make the collected personal data of the Customer available to a chosen carrier or agent, who will execute the shipment on behalf of the Administrator.
b) In case of a client, who uses in the Online Store electronic or credit card payment method, the Administrator shall make available collected personal data of the client to a chosen entity handling the aforementioned payments in the Online Store.
4. The customer has the right to access their data and correct them.
5. Providing personal data is voluntary, although the failure to indicate in the Regulations of personal data necessary to conclude a Sales Agreement results in inability to conclude the contract.
§ 13
Final provisions
1. First Contracts concluded through the Online Store are concluded in the Polish language.
2. Second Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. Third In matters not covered by these Regulations shall apply universally applicable provisions of Polish law, in particular: Civil Code; Act on providing electronic services; Act on consumer rights, Act on personal data protection.