Regulations

TERMS AND CONDITIONS FOR THE USE OF THE peachblossombykate.com ONLINE STORE

1. GENERAL PROVISIONS

1.1. The online store available at the website peachblossombykate.com is run by Katarzyna Bobakowska running a business under the name 2 B UNITED LTD, Company number: 12896342, address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP, e-mail address: info @ peachblossombykate .com.

1.2. These Regulations are intended both for consumers and entrepreneurs using the Online Store (with the exception of point 10 of the Regulations, which is intended only for entrepreneurs).

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, to the extent and based on the grounds and principles set out in the privacy policy published on the Online Store website. The privacy policy contains mainly rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, 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. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. CONSUMER – Orderer who is a natural person, purchasing goods in the Online Store, not related directly to his business and professional activity

1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.

1.4.2. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Agreement.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws of 2014, item 121).

1.4.6. ACCOUNT – Electronic Service, a collection of resources in the Service Provider’s ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

1.4.7. PRODUCT – a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and the Seller.

1.4.8. REGULATIONS – these regulations of the Online Store.

1.4.9. ONLINE STORE – the Service Provider’s online store available at the Internet address: peachblossombykate.com.

1.4.10. DEALER; SERVICE PROVIDER – Jerzy Migut running a business under the name 2 B UNITED LTD, Company number: 12896342, address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP,: inf o@peachblossombykate.com

 1.4.11. SALES AGREEMENT – a product sale agreement concluded or concluded between the Customer and the Seller via the Online Store.

1.4.12. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.

1.4.13. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law recognizes legal capacity; – using or intending to use the Electronic Service.

1.4.14. ACT PRA WACH CONSUMER, ACT – Act of 30 May 2014. Consumer Rights (Dz.U.2014 pos. 827 as amended.)

1.4.15. ORDER – Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Your Cart.

2.1.1. Account – using the Account is possible after completing two consecutive steps by the Service Recipient – (1) completing the Registration Form and (2) clicking the “Register” field. In the Registration Form, it is necessary for the Service User to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city), e-mail address, contact telephone number. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: info@peachblossombykate.com or in writing to the following address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP ,.

2.1.2. Order Form – the use of your Cart begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer completes a total of two consecutive steps – (1) after filling your Cart and (2) clicking on the Online Store website after completing the Order Form on the “I confirm the purchase” field – until then it is possible to modify the entered data (including follow the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data regarding the Sales Agreement: Product (s), quantity of the Product (s), type of packaging, place of delivery, date of delivery of the Product (s). In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.

2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft EDGE; (4) the recommended minimum screen resolution: 1024 × 768; (5) enabling cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, with respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.

2.4. Complaint procedure:

2.4.1. 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, which is indicated in points 6 and 7 of the Regulations), the Customer may submit, for example:

2.4.2. In writing to the following address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP ,.

2.4.3. In electronic form via e-mail to the following address: info@peachblossombykate.com.

2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities; (2) the Service Recipient’s requests; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as the delivery costs (including fees for plastic bags) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, the Customer is informed on the Online Store website in while placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form:

3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.

3.4. Consolidation, security and making available to the Customer the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer 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 IT system of the Seller’s Online Store.

4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT

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

4.1.1. Payment in cash or by credit card upon personal collection.

4.2. Payment deadline:

4.2.1. The customer is obliged to make the payment upon receipt of the order.

4.3. It is possible to issue a VAT invoice for each Order. For this purpose, it is necessary to include this information in the Order Form and to provide detailed data for the invoice. 

5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. Product delivery is available throughout Poland 

5.2. The delivery of the Product to the Customer is a COST .

5.3. The Product is delivered via a COURIER

6. COMPLAINT OF THE PR ODUCT

6.1. The basis and scope of the 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 in the Civil Code.

6.2. The Seller is obliged to provide the Customer with a Product without defects. 

6.3. The complaint may be submitted by the customer, for example:

6.3.1. In writing to the following address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP,

6.3.2. In electronic form via e-mail to the following address: info@peachblossombykate.com

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5. The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.

6.6. If it will be necessary to deliver the Product to the Seller to respond by the Seller to the Customer’s complaint or to exercise the Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product at the Seller’s expense to the address 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP ,. However, if, due to the type of defect, type of Product or the method of its installation, the delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to make the Seller’s Product available at the place where the Product is located, after prior appointment.

6.7. The request to deliver the Product referred to in point 7.6 of the Regulations does not affect the period for the Seller to respond to the Customer’s complaint referred to in point. 7.5 of the Regulations and does not violate the Customer’s right to request the Seller to disassemble the defective Product and reinstall the Product after replacing it with a non-defective one or removing the defect referred to in art. 561 [1] of the Civil Code.

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship other Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. The customer who is a consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:

7.2.1. The customer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of September 25, 2001 on the rules of organization and operation of permanent consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).

7.2.2. The customer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection.

7.2.3. The customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address :kom@dlakonsumentow.pl.

7.3. At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales speech or contract for the provision of services.

8. THE RIGHT TO WITHDRAW FROM THE CONTRACT 

8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 9.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. The declaration of withdrawal from the contract may be submitted, for example:

8.1.1. In writing to the following address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP ,.

8.1.2. In electronic form via e-mail to the following address: info@peachblossombykate.com

8.2. An exemplary model withdrawal form is included in Annex 2 to the Consumer Rights Act. The consumer may use the form template, but it is not obligatory.

8.3. The period for withdrawal from the contract begins:

8.3.1. for a contract in the performance of which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products;

8.3.2. for other contracts – from the date of conclusion of the contract.

8.4. In the event of withdrawal from a distance contract, the contract is considered void.

8.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store). The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the reimbursement of payments received from the consumer until the Product is returned or the consumer provides proof of its return, whichever occurs first.

8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: 238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP.

8.7. The consumer is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer’s withdrawal from the contract, which the consumer is obliged to bear:

8.8.1. The consumer bears the direct costs of returning the Product.

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

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (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 to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly 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 package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; (10) for the delivery of journals, periodicals or magazines, with the exception of subscription contracts; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section of the Regulations and the provisions contained therein apply only to Customers and Service Users who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 3 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement 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 against the Seller.

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.

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

9.5. 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 parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the liability of the carrier.

9.6. Pursuant to Art. 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.

9.7. 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 giving reasons by sending the Customer an appropriate statement.

9.8. The liability of the Service Provider / Seller in relation to the Service Recipient / 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 amount of the price paid and delivery costs under the Sales Agreement, but not more than up to five hundred zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service Recipient / Customer who is not a consumer.

9.9. Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Seller / Service Provider.

10. FINAL PROVISIONS

10.1. Agreements concluded via the Online Store are concluded in Polish.

10.2. Changing the Regulations:

10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, that is: changes in the law – to the extent to which these changes affect the implementation of the provisions of these Regulations) the amended regulations bind the Service Recipient if the requirements set out in Art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was properly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the existing fees, the Service Recipient who is a consumer has the right to withdraw from the contract.

10.2.3. In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not apply impact on already placed or placed Orders and concluded, implemented or performed Sales Agreements.

10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2013, item 1422); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers – the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2012, item 1225) as amended) and the Act on special conditions of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002, No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers – the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827 as amended); and other relevant provisions of generally applicable law.

11. SPECIMEN FORM OF WITHDRAWAL FROM THE AGREEMENT 

(ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS) 

Model withdrawal form 

(this form should be completed and returned only if you wish to withdraw from the contract)

-Addressee:

238 Longmoor Lane, Liverpool, United Kingdom, L9 OEP,
info@peachblossombykate.com

-I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)

-Date of conclusion of the contract (*) / receipt (*)>

-Name and surname of the consumer (s)

-Consumer (s) address

-Signature of the consumer (s) (only if the form is sent in paper version)

-Date

(*) Delete as appropriate.