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Terms and Conditions

ONLINE STORE TERMS AND CONDITIONS

CEBABABY.EU

 

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN ONLINE STORE
  3. TERMS OF CONCLUDING A SALES CONTRACT
  4. PAYMENT TERMS AND METHODS OF PAYMENT FOR PRODUCTS
  5. SHIPPING OPTIONS, COST AND DELIVERY TIMES
  6. PRODUCT COMPLAINT
  7. NON-JUDICIAL PROCEDURE OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND WAYS OF ACCESSING THESE PROCEDURES
  8. THE RIGHT TO WITHDRAW FROM A CONTRACT (APPLIES TO SALES CONTRACTS CONCLUDED STARTING FROM 25 DECEMBER 2014)
  9. CONTRACTUAL RIGHT OF WITHDRAWAL
  10. PROVISIONS CONCERNING ENTREPRENEURS
  11. FINAL PROVISIONS
  12. SAMPLE FORM FOR WITHDRAWAL FROM A CONTRACT

 

Our online store www.cebababy.eu cares about consumer rights. The consumer may not waive the rights conferred on him by the Consumer Rights Act. Contract terms which prove to be less favourable for the consumer than the provisions of the Consumer Rights Act are invalid and shall be replaced by the provisions of the Consumer Rights Act. Therefore, the provisions of these Terms & Conditions are not intended to exclude or limit any rights of consumers granted by binding provisions of law, and any possible doubts shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, these provisions shall prevail and shall be applied.

  1. GENERAL PROVISIONS

1.1.        Online store available at www.cebababy.eu is run by the company “CEBA” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [Limited liability company] with its registered office in Oleśnica (seat and service address: ul. Fabryczna 1, 56-400 Oleśnica); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000126791; the registry court where the documentation of the company is kept: District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register; share capital in the amount of: PLN 151,000.40; NIP [Polish Tax ID No.]: 7510001663; REGON [National Business Identification no.]: 004527649, e-mail address: kontakt@ceba.com.pl.

1.2.        These Terms and Conditions apply to both consumers and entrepreneurs who use the Online Store services, unless a given provision of the Terms and Conditions provides otherwise and is addressed solely to consumers or entrepreneurs.

1.3.        Seller is the Data Controller of data processed in the Online Store in connection with the implementation of the provisions of these Terms & Conditions. Personal data shall be processed for the purposes, within the scope and on the basis of the grounds and principles indicated in privacy policy published on online store’s website. The Privacy Policy contains all the principles of processing personal data by the Data Controller in the Online Store, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including shopping, is voluntary. Similarly, the provision of personal data by the Customer or the Service User is voluntary, subject to the exceptions specified in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

1.4.        Definitions:

  • WORKING DAY – one day from Monday to Friday, excluding public holidays in Poland.
  • REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
  • ORDER FORM – an Electronic Service, an interactive form available in the Online Store which allows for placing an Order, in particular by adding Products to an electronic shopping cart and specifying the terms and conditions of Sales Contract, including payment and delivery methods.
  • CUSTOMER – (1) a natural person having full capacity to perform acts in law, and in cases provided for by generally applicable regulations, also a natural person having limited capacity to perform acts in law; (2) a legal person; or (3) an organisational unit without legal personality to which legal capacity is granted by statute; – which has entered into or intends to enter into a Sales Contract with the Seller.
  • CIVIL CODE – Civil Code Act of 23 April 1964. (Journal of Laws of 1964 No. 16, item 93 as amended).
  • ACCOUNT – an Electronic Service which is a collection of resources in the Service Provider's IT system, marked with an individual name (login) and password provided by the Service User. Accounts collect data provided by the Customer and information about Orders placed by him or her in the Online Store.
  • NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users to automatically receive the periodic content of subsequent issues of the newsletter from the Service Provider. The content of newsletters includes information about Products, novelties and promotions in the Online Store
  • PRODUCT – a movable property available in the Online Store which is the subject of the Sales Contract concluded by and between the Customer and the Seller.
  • TERMS AND CONDITIONS – these terms and conditions of an Online Store.
  • ONLINE STORE – the Online Store of the Service Provider, available at: www.cebababy.eu.
  • SELLER; SERVICE PROVIDER – “CEBA” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ [Limited liability company] with its registered office in Oleśnica (seat and service address: ul. Fabryczna 1, 56-400 Oleśnica); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000126791; the registry court where the documentation of the company is kept: District Court for Wrocław Fabryczna in Wrocław, IX Commercial Division of the National Court Register; share capital in the amount of: PLN 151,000.40; NIP [Polish Tax ID No.]: 7510001663; REGON [National Business Identification no.]: 004527649, e-mail address: kontakt@ceba.com.pl.
  • SALES CONTRACT – an agreement for sale of Product which is being concluded or which has been concluded by and between the Customer and the Seller via Online Store.
  • ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Client via Online Store.
  • SERVICE USER – (1) a natural person having full capacity to perform acts in law, and in cases provided for by generally applicable regulations, also a natural person having limited capacity to perform acts in law; (2) a legal person; or (3) an organisational unit without legal personality to which legal capacity is granted by statute; – which has entered into or intends to enter into a Sales Contract with the Seller.
  • ACT ON CONSUMER RIGHTS, ACT – act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended)
  • ORDER – Customer’s declaration of will made by using the Order Form and aiming directly at concluding the Product Sales Contract with the Seller.
  1. ELECTRONIC SERVICES IN ONLINE STORE

2.1.        Online Store provides the following Electronic Services: Account, Order Form and Newsletter.

  • Account – Service User can use the Account after he or she has fully completed three consecutive steps – (1) filled in the Registration Form, (2) clicked on the “Sign up” button and (3) confirmed the wish to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. It is necessary for the Service User to provide the following details in the registration form: e-mail address and password.
    • The Electronic Account Service shall be provided free of charge for an indefinite period of time. The Service Recipient has the possibility to remove the Account (cancel the Account) at any time and without giving any reason by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@ceba.com.pl or in writing to: ul. Fabryczna 1, 56-400 Oleśnica.
  • Order Form – one starts using the Order Form by adding the first Product to the electronic shopping cart in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps – (1) filled in the Order Form and then (2) clicked on the “Confirm purchase” button – until then, one can modify all the data that is being entered (in order to do this, please follow the messages displayed on the screen and the information available on the Online Store website). It is necessary to provide the following information in the Order Form: name and surname/company name, address (street, house/apartment number, postcode, city, country), e-mail address, contact number, as well as information regarding Sales Contract: product(s), product quantity, delivery address and method, and payment method. In case of Customers who are not consumers it is also necessary to provide the company name and tax identification number (NIP).
    • The Electronic Order Form service is provided free of charge and is a one-off service and it is terminated when the Order is placed via the Electronic Order Form or when the Customer decides not to place an Order via the Electronic Order Form.
  • Newsletter – one can use Newsletter after providing his or her e-mail address in the “Newsletter” tab, which is visible on the Online Store’s website. The subsequent issues of the Newsletter will be sent to this e-mail address after clicking the “Subscribe” button. You can also subscribe to the Newsletter by ticking the appropriate checkbox when creating an Account and placing an Order – once the Customer creates an Account and places an Order, he or she will be subscribed to the Newsletter.
    • The Electronic Newsletter Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to: kontakt@ceba.com.pl or in writing to: ul. Fabryczna 1, 56-400 Oleśnica.

2.2.        Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with an access to the Internet; (2) an access to electronic mail; (3) a web browser: Mozilla Firefox version 17.0 or later or Internet Explorer version 10.0 or later, Opera version 12.0 or later, Google Chrome version 23.0 or later, Safari version 5.0 or later, Microsoft Edge version 25.10586.0.0 or later; (4) recommended minimum screen resolution: 1024x768; (5) enable store cookies option and Javascript in your browser.

2.3.        Service User is obliged to use the Online Store in a manner consistent with the law and good manners, taking into account respect for personal rights, copyrights and intellectual property of the Service Provider and third parties. Service User is obliged to enter true, accurate and complete data. Service User is prohibited from providing illegal content.

2.4.        2.4. Complaint procedure:

  • Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in clause 6 of the Terms and Conditions) may be submitted by the Service User, for example:
  • in writing to the following address: ul. Fabryczna 1, 56-400 Oleśnica;
  • in electronic form by e-mail to the following address: kontakt@ceba.com.pl
  • It is recommended that the Service User provides the following data in the complaint description: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the occurrence of the defect; (2) the Service User's request; and (3) contact details of the claimant – this will facilitate and speed up the handling of the complaint by the Service Provider. The requirements specified in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  • Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
  1. TERMS OF CONCLUDING A SALES CONTRACT

3.1.        The conclusion of a Sales Contract between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with clause 2.1.2 of the Terms and Conditions.

3.2.        The price of the Product shown on the website of the Online Store includes taxes and is given in Polish zlotys. The Customer is informed about the total price (including taxes) of the Product being the subject of the Order, as well as the costs of delivery (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, on the websites of Online Store while submitting an Order and when the Customer expresses the willingness to conclude the Sales Contract.

3.3.        Procedure for concluding a Sales Contract in the Online Store by using the Order Form

  • The conclusion of a Sales Contract between the Customer and the Seller shall take place after the Customer places an Order in the Online Store in accordance with clause 2.1.2 of the Terms and Conditions.
  • After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for processing. The process of Order acknowledgement and its acceptance for execution shall look as follows: the Seller shall send an appropriate message to the Customer by e-mail to the e-mail address provided while placing an Order, which shall include at least a confirmation of Order receipt by the Seller and its acceptance for processing and confirmation of the conclusion of the Sales Contract. The moment of receipt of the above e-mail message by the Customer is the moment of Sales Contract conclusion by and between the Customer and the Seller.

3.4.        Recording, securing and making available to the Customer the content of the concluded Sales Contract shall be effected by (1) making these Terms and Conditions available on the Online Store’s website and (2) sending the Customer an e-mail referred to in section 3.3.2. of these Terms and Conditions. The content of the Sales Contract is also recorded and secured in the computer system of the Seller's Online Store.

  1. PAYMENT TERMS AND METHODS OF PAYMENT FOR PRODUCT

4.1.        The Seller provides the Customer with the following payment methods under the Sales Contract:

  • Cash on delivery at the time of delivery.
  • Payment by bank transfer to the bank account of the Seller.
  • Electronic payments and payments by Visa, Visa Electron, MasterCard, MasterCard, MasterCard, MasterCard Electronic, Maestro, via the Bluemedia.pl service – all the available payment methods are specified on the Online Store’s website in the tab on payment methods and on the following website http://www.bluemedia.pl.
    • Electronic payments and payment card transactions are settled as per Customer's choice via BlueMedia.pl website. Handling of electronic payments and payment cards is carried out by:
      • pl – Blue Media S.A. with its registered office in Sopot (seat: ul. Powstańców Warszawy 6, 81-718 Sopot), entered into the Register of Entrepreneurs of the National Court Register under the number: 0000320590, registration files kept by the District Court Gdańsk-Północ in Gdańsk, share capital of PLN 2,000,000 fully paid up, NIP [Polish Tax ID No.]: 5851351185.

4.2.        Payment Terms:

  • If the Customer would like to pay by bank transfer, by means of electronic payments or by card, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Contract.
  • If the Customer chooses to pay by Cash on delivery at the time of delivery, the Customer is obliged to make a payment at the time of delivery.
  1. SHIPPING OPTIONS, COST AND DELIVERY TIMES

5.1.        Delivery of the Product is made within the territory of the Republic of Poland.

5.2.        The Customer shall pay for the Product Delivery unless the Sales Contract provides otherwise. The Customer is informed about Product delivery cost (including transport, delivery and postal services) on the websites of Online Store in the information tab on delivery costs and while submitting an Order and when the Customer expresses the willingness to conclude the Sales Contract.

5.3.        The Seller provides the Customer with the following payment methods under the Sales Contract:

  • Courier delivery, COD courier delivery.

5.4.        Product shall be delivered to the Customer within 10 Working Days, unless a shorter delivery time has been provided in the Product description or while placing an Order. In the case of Products with different delivery dates, delivery date is the longest delivery date, which may not exceed 10 Business Days. The time limit runs from the date delivery of the Product to the Customer shall be estimated as follows:

  • If the Customer chooses to pay by bank transfer, electronic payment or payment card – from the date of crediting the bank account or current account of the Seller.
  • If the Customer chooses to pay in cash on delivery – from the date of conclusion of the Sales Contract.
  1. PRODUCT COMPLAINT

6.1.        The basis and scope of Seller's liability towards the Customer, if the Product sold has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular in Article 556-576 of the Civil Code). For Sales Contracts concluded until 24 December 2014, the basis and scope of Seller's liability towards the Customer who is a natural person and who purchases the Product for purposes not related to his or her professional or business activity, due to the non-compliance of the Product with the Sales Contracts are defined by generally applicable laws, in particular the Act of 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).

6.2.        The Seller is obliged to provide the Customer with a product without defects. Detailed information on the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Store in the information tab concerning complaints.

6.3.        6.3. The complaint may be filed by the Customer, for example:

  • in writing to the following address: ul. Fabryczna 1, 56-400 Oleśnica;
  • in electronic form by e-mail to the following e-mail address: kontakt@ceba.com.pl

6.4.        It is recommended that the Service User provides the following data in the complaint description: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the occurrence of the defect; (2) a request to bring the product into conformity with the Sales Contract or a statement concerning price reduction or withdrawal from the Sales Contract; and (3) contact details of the claimant – this shall facilitate and accelerate the Seller's complaint handling. The requirements specified in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5.        Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested the replacement of goods or removal of defects or filed a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it this request shall be treated as justified.

6.6.        The Customer who exercises warranty rights is obliged to deliver a faulty Product to the following address: ul. Fabryczna 1, 56-400 Oleśnica. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the manner of its installation, it would be excessively difficult for the Customer to deliver the Product, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.

  1. NON-JUDICIAL PROCEDURE OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND WAYS OF ACCESSING THESE PROCEDURES

7.1.        Detailed information concerning the Customer’s, who is a consumer, right to use non-judicial procedure of handling complaints and pursuing claims and ways of accessing these procedures are available at the Office for Competition and Consumer Protection’s website under the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

7.2.        There is also a contact point at the President of the Office of Competition and Consumer Protection (phone number: 22 55 60 333, e-mail address: kontakt.adr@uokik.gov.pl or at the following correspondence address: Plac Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among others, to provide assistance to consumers in cases concerning non-judicial settlement of consumer disputes.

7.3.        The Consumer shall have right to use the following  non-judicial means of handling complaints and pursuing claims: (1) a request for dispute resolution to the Permanent Consumer Arbitration Court (for more information visit http://www.spsk.wiih.org.pl/); (2) a request for non-judicial settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from a district (municipal) consumer rights advisor or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Agency, Polish Consumers’ Association). One can receive an advice by e-mail at porady@dlakonsumentow.pl and by calling the consumer helpline 801 440 220 (the helpline is open on Working Days from 8:00 a.m. to 6:00 p.m., connection fee in accordance with operator's tariff).

7.4.        One can find an online platform for the resolution of disputes between consumers and traders at European Union level (an ODR platform) at http://ec.europa.eu/consumers/odr.  The ODR platform is an interactive and multilingual website which provides complex services for consumer and entrepreneurs willing to settle a dispute in a non-judicial procedure relating to contractual obligations arising from an online sales contract or services agreement (for more information see the platform’s website or check Office for Competition and Consumer Protection’s website at: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php)

  1. THE RIGHT TO WITHDRAW FROM A CONTRACT
    (APPLIES TO SALES CONTRACTS CONCLUDED STARTING FROM 25 DECEMBER 2014)

8.1.        A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from this agreement without providing any reason and without incurring any costs, except for the costs specified in point 8.8 of the Terms & Conditions. To meet the withdrawal deadline, it is sufficient for you to send a statement before the withdrawal period has expired. Statement of withdrawal from a contract may be made:

  • in writing to the following address: ul. Fabryczna 1, 56-400 Oleśnica;
  • in electronic form by e-mail to the following e-mail address: kontakt@ceba.com.pl

8.2.        A sample form for withdrawal from a contract is contained in Appendix No. 2 to the Consumer Rights Act and is also available in clause 12 of the Terms & Conditions and on the website of the Online Store in the tab on withdrawal from the contract. The consumer may use the sample form, however it is not mandatory.

8.3.        The time limit for the withdrawal from a contract runs from:

  • for a contract in the performance of which the Seller delivers the Product, and has the obligation to transfer the ownership of the Product (e.g. Sales Contract – from the moment of taking possession of the Product by the consumer or a third party indicated by him or her other than the carrier, and in the case of a contract that: (1) covers multiple Products which are delivered individually, in batches or in parts – from taking possession of the last Product, batch or part, or (2) relies on regular delivery of Products for a definite period of time – from taking possession of the first Product;
  • for other contracts – from the date the contract is concluded.

8.4.        In the case of withdrawal from the distance contract, the contract shall be deemed not concluded.

8.5.        The Seller shall immediately, not later than 14 calendar days from the date of receipt of the consumer statement of withdrawal from a contract, return all payments made by the customer, including the Product delivery cost (except for the additional costs resulting from the method of delivery chosen by the Customer, i.e. the cheapest delivery method available in the Online Store). The Seller shall refund payments using the same method of payment, which was used by the consumer, unless the consumer has expressly agreed to a different way of refund, which does not incure any costs for him or her. If a payment is made using a payment card, the funds will be returned to the bank account assigned to the payment card used to make the payment. If the Seller has not offered to collect the Product from the consumer himself, he may withhold reimbursement of payments received from the consumer until he has received the Product back or until the consumer has provided evidence of having sent back the Product, whichever event comes first.

8.6        The Consumer is obliged to return the Product to the Seller immediately or give it to a person authorized by the Seller to collect it, no later than 14 calendar days from the date of withdrawal from sales contracts unless the Seller suggested that he will collect the Product on his own. To meet the deadline, it is sufficient to return the Product before the end of the deadline. Consumers may return the Product to the following address: ul. Fabryczna 1, 56-400 Oleśnica.

8.7.        The Consumer shall be liable for the reduction in the value of the Product, resulting from using the product in the manner exceeding what was necessary to ascertain the nature, characteristics, and functionality of the Product.

8.8.        In case the consumer withdraws from a contract, the consumer may be obliged to bear additional costs such as:

  • If the consumer has chosen a method of delivery of the Product other than the cheapest delivery method available in the Online Store, the Seller is not obliged to refund the additional costs which were incurred by the consumer.
  • The consumer shall bear the direct cost of Product return.
  • In case of Product which is a service, whose provision, at the express request of the consumer, began prior to the deadline of the withdrawal from the contract, the consumer who exercises the right of withdrawal from a contract, once he or she has filed such a request, is required to pay for the services provided up to the moment of withdrawal. The payment amount shall be calculated proportionally to the work completed taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessively high, the basis for calculating that amount shall be the market value of the service provided.

8.9.        The right to withdraw from a distance contract is not available to the consumer in relation to contracts:

  • (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who was informed before the provision that he would lose the right to withdraw from the contract after the Seller's performance; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy his individual needs; (4) in which the object of the service is a Product that is quickly deteriorating or has a short shelf-life; (5) in which the subject of the service is a Product 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; (6) in which the object of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of additional services or Products; (9) in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, carriage 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; (13) for delivery of digital content that is not recorded on a tangible medium if the performance commenced with the consumer's express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the contract.
  1. CONTRACTUAL RIGHT OF WITHDRAWAL

9.1.        Irrespective of the right to withdraw from the contract without giving the reason referred to in point 8 of Terms & Conditions and the right to lodge a complaint referred to in point 6 of the Terms & Conditions, a consumer who has concluded a Product Sales Contract may exercise the contractual right to withdraw from the agreement on the terms indicated in this clause of Terms & Conditions. To meet the withdrawal deadline, it is sufficient for you to send a statement before the withdrawal period has expired.

9.2.        Under the contractual right to withdraw from the contract, the consumer may withdraw from the Product Sales Contract without providing any reason after the expiry of the 14-day period for withdrawal from the contract indicated in section 8 of Terms & Conditions, but no later than after 30 days from the date of taking possession of the Product by the Consumer or a third party indicated by him or her other than the carrier, provided that the consumer meets all the requirements listed below:

  • No damage, other defects or traces of use of the Product.
  • Return the Product along with all the elements which were included in the order.
  • Return of the Product in its original, undamaged packaging.

9.3.        Consumer shall bear the direct cost of Product return.

9.4.        Consumer is liable for the decrease in the value of the Product, including a decrease in value which results from damaging Product’s packaging.

9.5.        Statement of withdrawal from a contract may be made:

  • in writing to the following address: ul. Fabryczna 1, 56-400 Oleśnica;
  • in electronic form by e-mail to the following e-mail address: kontakt@ceba.com.pl

9.6.        Consumers may return the Product to the following address: ul. Fabryczna 1, 56-400 Oleśnica;

9.7.        The Seller shall refund the consumer with the payments he or she has made by bank transfer to the Polish bank account provided by the consumer, regardless of the method of payment chosen by the consumer at the time of concluding the Sales Contract.

9.8.        Any matters not provided for in this point shall be governed in accordance with point 8 of these Terms and Conditions, which concerns the statutory right of withdrawal from the contract.

  1. PROVISIONS CONCERNING ENTREPRENEURS

10.1.     This section of the Regulations and the provisions contained herein apply only to Clients and Service Users who are not consumers.

10.2.     The Seller has the right to withdraw from the Sales Contract concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.

10.3.     In the case of non-consumer Clients, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.

10.4.     Upon release of the Product by the Seller, the carrier shall pass on to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product.  In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in delivering the shipment.

10.5.     In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such shipments. If he or she determines that during the transport there was a loss or damage to the Product, he or she is obliged to perform all actions necessary to determine the liability of the carrier.

10.6.     According to Article 558(1) of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.

10.7.     In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Service User.

10.8.     The liability of the Service Provider/Seller in relation to the Service User/Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs under the Sales Contract, but not more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable towards the Service User/ Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for the lost benefits in relation to the Service User/ Customer who is not a consumer.

10.9.     Any disputes arising between the Seller/Service Provider and the Customer/Service User who is not a consumer shall be subject to the court having jurisdiction over the registered office of the Seller/Service Provider.

  1. FINAL PROVISIONS

11.1.     Agreements concluded through the Online Store are concluded in the Polish language.

11.2.     Amendments to Terms & Conditions:

  • The Service Provider reserves the right to make amendments to these Terms and Conditions for important reasons, i.e. changes in law; changes in payment and delivery methods – within the scope, these changes may affect the implementation of the provisions of these Terms and Conditions.
  • In the event of concluding a recurring agreement on the basis of these Terms and Conditions (e.g. provision of an Electronic Account Service), the amended Terms & Conditions shall be binding to the Service User if the requirements specified in Articles 384 and 384(1) of the Civil Code have been complied with, i.e. the Client has been duly notified of the amendments and has not terminated the contract within 14 calendar days from the date of notice. In the event that an amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Service User has the right to withdraw from the contract.
  • In the event of concluding agreements other than recurring agreements (e.g. Sales Contracts) on the basis of these Terms and Conditions, amendments to the Terms and Conditions shall not affect the rights acquired by Service Users/Customers who were consumers before the amendments were introduced to these Terms and Conditions, in particular amendments to the Terms and Conditions shall not affect the orders which have already been placed or submitted and sales contracts which have already been concluded, executed or performed.

11.3.     Any matters not provided for herein shall be governed by the applicable regulations of the Polish Civil Code, including but not limited to: Civil Code; Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sales Contracts concluded until 24 December 2014 with Customers who are consumers – provisions on protection of certain rights of the customers and liability for damages caused by a hazardous product of 2 March 2000. (Journal of Laws of 2000, No. 22, item 271, as amended) and the Act on Specific Terms and Conditions of Consumer Sales and on the amendment of the Civil Code of 27 July 2002. (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sales Contracts concluded until 25 December 2014 with Customers who are consumers – provisions of the consumer  rights act of 30 March 2014. (Journal of Laws of 2014, item 827, as amended); and other applicable provisions of generally applicable law.

  1. SAMPLE FORM FOR WITHDRAWAL FROM A CONTRACT
    (ANNEX 2 TO THE CONSUMER RIGHTS ACT)


Sample form for withdrawal from a contract
(if you would like to withdraw from a contract, please complete this form and send it to us)

–   The addressee:

„CEBA” SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ  
ul. Fabryczna 1, 56-400 Oleśnica 
cebababy.eu
kontakt@ceba.com.pl

– I/We(*) hereby inform that I/We(*) would like to withdraw from the sales contract for the purchase of the following items(*)/ delivery agreement for the following items(*)/contract for specific work related to the execution of the following items(*)/agreement for provision of the following service(*)

 

–    Date of the Agreement (*)/receipt(*):

–    Name and surname of consumer(s):

–    Address of consumer(s):

–    Signature of the consumer(s) (only if the form is submitted in writing)

–    Date

(*) Delete as appropriate.

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