Terms and Conditions of the poofi-shop.com online store
The Owner of the Poofi and Fabliek brands and the Seller and Administrator of the poofi-shop.com Store is: Poofi Katarzyna Kamińska with its registered office at ul. Barska 70, 43-300 Bielsko-Biała, Poland, NIP (Tax Identification Number): 663-176-11-60, REGON (National Official Business Register Number): 260657158
The Customer shall have the right to negotiate the terms of the contract with the Seller before placing the order. If the Customer does not choose to conclude a contract by way of individual negotiations, the provisions hereof and the generally applicable law shall apply.
- To read the contract withdrawal / return form, click this link.
- To read the exchange form, click this link.
- To read the complaint form, click this link.
I General Provisions
- The online store available at www.poofi-shop.com is operated by Poofi Katarzyna Kamińska – details of the operated business are included above.
- The Terms and Conditions have been drawn up in Polish, and they are a model remote contract in accordance with the generally applicable Polish law.
- To conclude the Contract with the Seller, the Buyer may use the right to negotiate the terms of the Contract or conclude a Contract with the Seller under these Terms and Conditions.
- If the Buyer decides otherwise, the contents hereof shall be the contents of the Contract concluded between the Parties. The contents of the Contract shall be recorded in accordance with the applicable law and provided to the Buyer on a permanent medium in order to ensure that the Buyer can refer to such medium if necessary.
- The sale is conducted in Poland and in EU countries.
- The Customer may read the code of conduct for traders. The code of conduct is included in the Polish Act of 23 August 2007 on combating unfair commercial practices. The current wording of the Act is available at: http://isap.sejm.gov.pl/.
- All products offered at the yarmani.com store are brand new, free from physical and legal defects and legally placed on the Polish and EU market.
- The products delivered by the Seller to the Buyer shall be free from defects.
- The business of the poofi-shop.com Online Store consists in the online retail sale of products for adults and children.
- The prices specified on the website of the poofi-shop.com Store are given in PLN or in EUR, and they include VAT.
- The Buyer may place orders at the Store on a 24/7 basis through the poofi-shop.com website.
- When the Buyer communicates with the Seller, the Buyer shall pay any costs arising from contracts with third parties for the specific forms of remote communication. The Seller shall not collect any additional charges or benefits for the Buyer's communication with the Seller.
- Matters not regulated by these Terms and Conditions shall be governed by respective provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
- The provisions hereof are not intended to exclude or limit any rights of Consumer Buyers in accordance with the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) to which they are entitled under the generally applicable law. If the provisions of these Terms and Conditions are inconsistent with the provisions of the above-mentioned Act, the provisions of the Act shall prevail.
- In the event of a dispute with the Seller, the Consumer Buyer shall have the right to resolve the dispute out of court by:
- a) contacting a permanent arbitration consumer court;
- b) mediation;
- c) contacting the provincial inspector of the Trade Inspectorate;
- d) obtaining free assistance with dispute resolution from the Consumer's Federation using the free consumer hotline: 800 007 707.
- TERMS AND CONDITIONS – these Terms and Conditions including the appendices, specifying the obligations and rights of the two Parties to the Contract.
- PARTY – a Party to the Contract shall be the Buyer or the Seller; the term “Parties” shall collectively mean the Buyer and the Seller.
- REMOTE CONTRACT – Contract concluded remotely by the Parties, without simultaneous presence of both Parties to the Contract; Contract concluded using the Remote Communication Channels available at the Store.
- STORE – online store available at: poofi-shop.com.
- SELLER – Poofi Katarzyna Kamińska with its registered office at ul. Barska 70, 43-300 Bielsko-Biała, NIP (Tax Identification Number): 663-176-11-60, REGON (National Official Business Register Number): 260657158.
- CUSTOMER – natural person, legal person or unincorporated entity with statutory legal capacity that purchases the products via the Online Store available at poofi-shop.com.
- CONSUMER – natural person purchasing the products through the poofi-shop.com Store for purposes not directly related to the person's economic or professional activities.
- BUYER – both a Customer and a Consumer.
- SERVICE RECIPIENT – natural person, legal person or unincorporated entity with statutory legal capacity that purchases the products via the Online Store available at poofi-shop.com and uses the Newsletter subscription. ORDER – offer to conclude a sale contract made by the Buyer through the poofi-shop.com Online Store.
- USER – any entity using the Online Store.
- ACCOUNT – individual administration panel of the User available after registering and logging in to the poofi-shop.com Online Store, with a dedicated login and password, used to conclude sale contracts.
- REGISTRATION – creation of the User's Account at the poofi-shop.com Online Store.
- SALE CONTRACT – contract for the sale of the products concluded between the Seller and the Buyer through the Online Store or concluded directly at the point of collection – Physical Store.
- PRODUCT – any item sold through the poofi-shop.com Online Store.
- NEWSLETTER – service provided by electronic means, where commercial information about the products is sent to the Service Recipients.
- FORM OF PAYMENT – form of paying for the ordered product, offered by the Store and selected by the Buyer when placing the Order.
- FORM OF DELIVERY – form of delivery of the ordered product, selected by the Buyer when placing the Order.
- SALES DOCUMENT – VAT invoice or receipt, as requested by the Buyer.
- APPENDICES – information on the right to withdraw from the contract and the contract withdrawal form.
- CODE OF CONDUCT – rules of conduct observed by the Seller and accepted in the generally applicable law in the form of ethical and professional standards in order to combat unfair market practices.
- INFORMATION – information on the product, placed next to the photograph of the product, describing the most important features and characteristics of the given product, enabling the Buyer to learn about the product's properties.
- CART – form of storing the products selected by the Buyer to enable their purchase at a later time.
- PLACE OF PRODUCT ISSUE – place indicated by the Buyer in the Order to which the product purchased by the Buyer is to be delivered.
- TIME OF PRODUCT ISSUE – time at which the Buyer or another person authorised to collect the product sold under the concluded contract gains possession of the product.
- ADDRESS FOR COMPLAINTS AND ADDRESS FOR WITHDRAWAL FROM THE CONTRACT – address(es) indicated by the Seller as the addresses for communications to which the indicated notices should be submitted.
- DELIVERABLE – products or services selected by the Buyer and sold under the Contract. Deliverables shall also include the delivery of the product by the Seller if the Buyer selects one of the forms of product delivery offered by the Seller.
- SERVICES PROVIDED BY ELECTRONIC MEANS – functions of the ICT system and IT system enabling the Service Provider to offer specific technical solutions such as: creating and maintaining an Account at the Online Store, providing the Newsletter Service and enabling placement of individual Orders through the Order Form available at the Online Store, without simultaneous presence of both Parties (remotely), through the transmission of data upon individual request of the Service Recipient, sent and received by means of equipment for electronic processing, including digital compression, and storage of data, which are sent, received or transmitted entirely using a telecommunication system as defined by the Polish Telecommunications Law Act of 16 July 2004.
- ORDER FORM – technical system available at the Online Store that enables the Buyer to place the Order using the available form fields without the need for prior Registration at the Online Store.
- IT SYSTEM – technical structures, IT structures and software that enable transmission.
- DEFECT – legal defect or physical defect of the purchased product.
- Registration at the poofi-shop.com Online Store is free and voluntary.
- To register at the Store, Users shall fill out the registration form available at the website of the Store, indicating their accurate personal details.
- In order to successfully complete the Registration process, the User shall provide the following personal details:
- a) First name
- b) Last name
- c) E-mail address
- d) Phone No.
- e) Password
- f) Repeat password
- g) Postal address
- In addition to the details indicated in section 3 above, Users other than Consumers within the meaning of 221 of the Polish Civil Code Act shall additionally specify the following:
- a) Company name
- b) Tax identification number
- Optionally, the User may consent during the registration to receive a Newsletter about promotions and new items available at the store to the e-mail address indicated at the time of Registration.
- When the User fills out the fields of the Registration form with the required details, the User Account shall be created.
- If the User's details required for Registration are changed, the User is requested to update them to make them consistent with the current details.
- If the User's details required during registration are changed after the commencement of order processing, the User shall be requested to update them and notify the Store about this.
- When the User fills out the fields of the order form, the delivery method shall be determined.
- Depending on the price of the order, delivery may be provided for free or for a fee. Details concerning the delivery fee are included in section 4 of part V, “Order Processing”.
- Optionally, the Customer may add comments to the order they place.
- The Buyer may place orders at the Store on a 24/7 basis through the poofi-shop.com website.
- The Store conducts sale in the Republic of Poland and abroad.
- Information on the products presented on the web pages of the Store shall not constitute an offer within the meaning of the Civil Code; they shall be an invitation to conclude a sale contract.
- Order placement shall constitute an offer within the meaning of the Civil Code, made to the Seller by the Buyer.
- Registration and account creation shall not be necessary to place an order at the poofi-shop.com store. The Buyer may place an order through the Online Store without prior registration.
- Additionally, when placing an order, the Buyer may use discount codes. To do so, the Buyer shall enter the discount code in order to reduce the purchase price.
- To place an order, the Buyer shall add the product to be bought to the “Cart”. Adding the product to the “Cart” shall not be equivalent to order placement. Products may be added to or removed from the “Cart”.
- The “Cart” enables the Customer to manage the products to be ordered and recalculate order prices.
- To finalise the order, the Buyer shall add the selected products to the “Cart”, specify the delivery method and form of payment, select the “order & pay” option and then follow the provided instructions. Buyers may place orders by logging into their Account or, if they do not have an Account, by indicating the details required for the Seller to implement the Contract in the form.
- After the order has been correctly placed, it shall be deemed to be accepted. Orders placed thus shall be confirmed by e-mail. Therefore, the time of Contract conclusion shall be the time when the confirmation of order acceptance is sent to the Buyer.
- The ordered products shall be delivered to the address indicated by the Buyer.
- Photographs and other forms of visualisation and presentation of products available on the web pages of the Store may not represent their actual size.
- Orders cannot be cancelled if the products have already been sent.
- The processing of orders placed on business days after 1:30 PM and on Saturdays, Sundays and holidays shall commence on the following business day.
- The date of performance of the Contract concluded through the Online Store shall be the date on which the Buyer collects the package.
V Payment method
- All prices at the Store are gross prices that include the value added tax (VAT).
- The Store provides for the following payment methods: bank transfer/pay-by-link/credit card/blik – payment of the full calculated order price to the bank account of the poofi-shop.com store before the ordered products are delivered.
- The Buyer shall purchase the products and order the delivery service in accordance with the prices and costs of delivery applicable at the time of order placement.
- The Seller reserves the right to modify the prices and amounts of delivery costs, in particular if the price lists of the services provided by the delivery companies change. This provision does not apply to Orders that are already being processed.
- If the payment form described in item “a” of section 2 is chosen, the failure to pay for the ordered products within 5 days from the date of order placement shall result in the cancellation of the order. This shall not prevent the Buyer from making another order for the same product.
- The Buyer can choose the method of paying for the product ordered at the Store. The Seller is open to the Buyer’s needs, and it may make individual arrangements concerning the payment methods.
- The current prices and amounts of delivery costs are presented on the relevant page of the Online Store and are indicated on the Cart level.
- Delivery shall be made to the address indicated by the Buyer in the order.
- A receipt or, where requested by the Customer, VAT invoice shall be issued with every order.
- The ordered products shall be delivered by the DPD courier company. Packages shall be delivered from 9:00 AM to 6:00 PM on business days. If the Buyer is not present, a notice shall be left. In some situations, upon a failed delivery attempt, the packages shall be transferred to the DPD parcel collection point nearest to the Buyer.
- All costs connected with the shipment of the products shall be covered by the Buyer.
- International shipment shall be done only by means of a courier company or by Poczta Polska – the costs of international shipping shall be covered by the Buyer.
- Polish shipments shall arrive at the Buyer's premises on the first business day following the date on which they were sent. International shipments delivered by the DPD courier company shall be delivered within 6 days from the date of dispatch.
- If the Seller is unable to deliver the items because the products are not available, it shall notify the Buyer about this within thirty days from the conclusion of the Contract. The Buyer shall then make the decision regarding the actions to be taken in respect of the order.
- For Customer's convenience and in order to ensure the security of order processing, the Seller assures that any inconsistencies at any stage of order processing shall be consulted with the Customer and resolved upon agreement of the Parties. The Seller shall make all efforts to satisfy the Customer.
- The order delivery period is indicated next to the particular product, and it refers to shipments made in Poland.
- The Consumer as defined by Article 221 of the Civil Code shall, if possible, check the condition of the product upon package delivery and draw up a suitable report in the presence of the delivery company (courier, postal operator, etc.). Checking the package will make it easier and quicker to pursue potential claims against the party responsible if the package suffers mechanical damage during transport. In such situations, the Consumer shall, as soon as possible, contact the Seller by phone to: +48 537 728 052 or by e-mail to: firstname.lastname@example.org.
- Buyers other than Consumers as defined by Article 221 of the Civil Code shall check the condition of the products upon delivery of the package in the presence of the representative of the delivery company (courier, postal operator, etc.). If it is found that the package has suffered mechanical damage during transport, the Customer shall draw up a damage report and promptly contact the Seller by phone to: +48 537 728 052 or by e-mail to: email@example.com.
VII Complaints – Implied warranty
- Under contracts concluded with Consumers as defined by Article 221 of the Civil Code, the Seller shall be liable to the Consumer in accordance with the principles specified in Article 556 and subsequent Articles of the Civil Code for physical or legal defects (implied warranty).
- The Seller shall be liable under the implied warranty if a physical defect is found within two years from the issue of the item to the Consumer, and if the sale concerns a used item – within one year from the issue of the item to the Consumer.
- The Consumer's claim for defect rectification or replacement of the item sold with a defect-free shall expire after the lapse of one year from the discovery of the defect, but not earlier than two years from the issue of the item to the Consumer, and if the item sold is a used item – not earlier than one year from the time of issue of the item to the Consumer.
- If the shelf life of the item specified by the Seller expires two years after the issue of the item to the Consumer, the Seller shall be liable under the implied warranty for the physical defects of such items if they are found before the lapse of this period.
- A physical defect shall mean an inconsistency of the item sold with the Contract. In particular, the item sold shall be regarded as inconsistent with the Contract if:
- a) It does not have the properties it should have considering the purpose specified in the Contract or arising from the circumstances or intended use;
- b) It does not have the properties it was supposed to have according to the Seller's assurances made to the Buyer, including the assurances made by presenting a sample or design;
- c) It is not fit for the purpose communicated to the Seller by the Buyer upon conclusion of the Contract, and the Seller has not made any reservations concerning such intended use of the item;
- d) It was incomplete when issued to the Buyer.
- The Seller's assurances shall be deemed to be equivalent to the public assurances of the manufacturer or its representative, persons selling the item as part of their business and persons representing themselves to be the manufacturer by placing their name, trade mark or another distinguishing symbol.
- The Seller shall be released from the liability specified in section 5c only if:
- a) It proves that it did not know the assurances or could not have reasonably known them;
- b) It demonstrates that the assurances could not have affected the Consumer's decision;
- c) The assurances had been corrected before the Contract was concluded with the Seller.
- The item sold shall also be deemed to have a physical defect when it has been incorrectly installed and started if these activities have been performed by the Seller or by a third party for which the Seller is liable, or if they have been carried out by the Buyer in accordance with the instructions received from the Seller.
- For Contracts concluded with a Consumer, if a physical defect is found before the lapse of one year from the issue of the item, it shall be deemed that the defect existed at the time at which the risk was transferred to the Consumer. If a defect is found after the lapse of one year from the issue of the item, the obligation to demonstrate that the product was defective at the time of purchase shall rest on the Consumer.
- If the item sold is defective, the Consumer may:
- a) submit a statement with a demand to reduce the price;
- b) submit a notice on withdrawal from the Contract;
- c) demand that the product be replaced with a defect-free product;
- d) demand that the defect be rectified.
- The Consumer may not withdraw from the Contract if the defect is a minor defect.
- Consumers who exercise their rights under the implied warranty shall deliver the defective item to the Address for Complaints at the expense of the Seller.
- The Seller requests that a description of the inconsistency of the products with the Contract be enclosed with the complaint form to facilitate complaint processing.
- The Seller shall address the Consumer's claim within 14 (fourteen) days. Otherwise, it shall be deemed that the Seller has found the notice or demand of the Consumer to be legitimate.
- In the situation where the Consumer makes the request indicated in section 10 a or b, the Seller may replace the defective item with a defect-free item or rectify the defect, provided that this is done promptly and without undue inconvenience to the Consumer.
- The Consumer may, instead of the defect rectification proposed by the Seller, demand that the item be replaced with a defect-free item, unless making the item consistent with the Contract using the method selected by the Consumer is impossible or would be too expensive in comparison to the method proposed by the Seller – the determination if the selected method is too expensive shall be done with consideration of the value of a defect-free item, significance of the discovered defect and the inconvenience to the Consumer that would be generated by the other method of satisfying the Consumer's claim.
- The Seller may refuse to meet the Consumer's demand if making the defective item consistent with the Contract using the method selected by the Consumer is impossible or – in comparison to the second, possible method of making such item consistent with the Contract – would require excessive costs.
- If the price is reduced, the proportion between the reduced price and the price stipulated in the Contract shall be the same as the proportion between the value of defective items and the value of defect-free items.
- The Seller shall exchange the defective item with a defect-free item or rectify the defect within a reasonable period without undue inconvenience to the Consumer.
- The Seller's liability under the implied warranty shall be excluded if the contracts are concluded with Customers other than Consumers as defined in Article 221 of the Civil Code, in accordance with Article 558 § 1 of the Civil Code.
- In accordance with the periods specified in sections 2, 3 and 4 of this part hereof, the Consumer may submit a notice of withdrawal from the Contract or request the reduction of the price due to a physical defect of the item sold, and if the Consumer demanded the replacement of the item with a defect-free item or rectification of the defect, the run of the period for the submission of the notice of withdrawal from the Contract or the request to reduce the price shall start upon the unsuccessful lapse of the period for the replacement of the item or rectification of the defect.
- If one of the rights under the implied warranty is pursued before a court or arbitration court, the run of the period for the exercise of other statutory rights granted to the Consumer for this reason shall be suspended until the valid conclusion of the proceedings in this regard. These principles shall also apply accordingly to the mediation proceedings. The period for the exercise of other rights of the Consumer under the implied warranty shall start its run on the date on which the court refuses to approve the settlement concluded before the mediator or on the date on which the mediation proceedings are concluded to no avail.
- The run of the period for the exercise of the rights under the implied warranty for legal defects of the item sold shall start on the date on which the Consumer learns about the existence of the defect, and if the Consumer has only learned about the existence of the defect as a result of a claim of a third party, the run of the above-mentioned period shall start on the date on which the judgement or another decision of the relevant authority issued in the dispute with the third parties becomes valid.
- If the Seller conceals the defect, the lapse of the period shall not exclude the rights under the implied warranty.
- The address for complaints shall be as follows: poofi-shop.com, ul. Barska 70, 43-300 Bielsko-Biała.
- Since 15 February 2016, the Consumer may also use out-of-court complaint and claim resolution methods by means of the ODR platform in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
To use the additional option of the out-of-court resolution of disputes concerning online purchases, the Consumer may also file their complaint using the online ODR platform of the EU, available at: http://ec.europa.eu/consumers/odr/
The objective of the ODR platform is to enable fair, out-of-court, effective and swift online resolution of disputes between Consumers and traders relating to contractual obligations under online sales or service contracts between consumers resident and traders established in the European Union.
VIII Express warranty
- The products sold through the poofi-shop.com Online Store shall be covered by the express warranty of the Seller and the Manufacturer. The Manufacturer and the Seller shall provide a one-year express warranty for the purchased product. The Seller shall be liable for the inconsistency of the products with the Contract under the implied warranty specified in part VII, “Complaint – Implied Warranty”.
- The Consumer shall have the right to exchange the given product for a different size or model within 30 days from the receipt of the product.
- The returned products shall not have any traces of use, and they shall have the original packaging and the labels. Otherwise, the products shall be returned to the Buyer at the Buyer's expense.
- The items shall be exchanged promptly after the Store receives the package, within 14 days from the date of receipt.
- The costs of shipment both ways shall be borne by the Buyer. Products to be exchanged shall be sent to the following address:
ul. Barska 70
phone No.: +48 537 728 052
- Exchanges shall be agreed in advance with personnel of the poofi-shop.com Online Store at firstname.lastname@example.org or by phone at +48 537 728 052
- To read the exchange form, click this link.
X Withdrawal from the contract – product returns
- Under Article 27 of the Polish Consumer Rights Act a Consumer that concludes a remote contract may withdraw therefrom for convenience and without any costs, excluding the costs specified in Articles 33, 34 and 35 of the Polish Consumer Rights Act, by submitting a relevant written notice within 14 days from the delivery of the deliverables. To comply with this period, it shall be sufficient for the notice to be sent before its expiry. The notice may be sent by e-mail to: email@example.com or by mail to:
ul. Barska 70
phone No.: +48 537 728 052
- The notice may be submitted in the form included in the Appendix hereto, which is sent to the Consumer with the product and which is also available at poofi-shop.com or in another form, in accordance with the Polish Consumer Rights Act.
- With the notice referred to in section 1, the Customer shall also send information about the current account number to which the payment should be returned.
- The Seller shall promptly confirm the receipt of the notice on withdrawal from the Contract to the Consumer. Such a confirmation shall be sent to the e-mail address indicated upon order placement or specified as the contact address on the submitted notice of withdrawal from the Contract.
- If the Contract is withdrawn from, it shall be considered void.
- The Consumer shall return the product(s) promptly, within 14 days from the date of withdrawal from the Contract, to the following address:
ul. Barska 70
phone No.: +48 537 728 052
- Consumers shall return the item(s) sold under the Contract to be withdrawn from at their own expense and responsibility.
- The Seller shall promptly (within 14 days from the receipt of the notice of withdrawal from the Contract by the Consumer) refund all of the payments made by the Consumer, including the cost of product delivery, subject to the following conditions:
- a) the Seller shall refund the payment using the payment method used by the Consumer, unless the Consumer expressly consents to a different refund method that does not generate any costs on the part of the Seller;
- b) if the Consumer selects a method of product delivery other than the least expensive regular method of delivery offered by the Seller, the Seller shall not be obliged to refund the extra costs borne by the Consumer;
- c) the Consumer shall be liable for the reduction of the value of the product resulting from any use of the product other than the use necessary to determine the nature, properties and functionality of the product, as discussed in section 10 above;
- d) if the Consumer withdraws from the sale contract in part, i.e., if the Consumer only returns some of the products purchased during a particular transaction, the Seller shall only return the costs of the product itself;
- e) if the Consumer was awarded a discount (or free shipment) due to the ordered quantity and price of the order, they may lose the discount (or free shipment) due to the partial withdrawal from the contract if the value of the products the Consumer still wants to buy is smaller than the minimum level defined in the conditions for the discount (or free shipment). In such a case, the Seller shall refund the money minus the discount lost by the Consumer.
- The Seller may wait with the refund of the payment received from the Consumer until the item is sent back or until the Consumer provides proof that it has been sent back, whichever is sooner.
- Deliverables produced according to the Consumer's specifications or used for the Consumer's individual needs shall not entitle the Consumer to withdraw from the Contract. Such products include items made upon individual request of the Consumer, i.e., items that include, without limitation: individual features made upon the Consumer's request. Products with special properties, i.e., properties specified by the Consumer in the Consumer's order or made upon request of the Buyer, i.e., strictly related to the Buyer, shall not be possible to return.
- The above provision shall not exclude the Seller's liability specified in section VII, “Complaints,” if the products are inconsistent with the Contract.
- The poofi-shop.com Store extends the statutory time limit for return of the products to 30 days.
- To read the contract withdrawal / return form, click this link.
XI Provision of services by electronic means
- Through its Online Store available at: poofi-shop.com, the Seller shall provide the following Electronic Services:
- a) creating and maintaining an Account at the Online Store;
- b) enabling order placement using a suitable form;
- c) newsletter.
- The Service Provider shall provide the Electronic Services for free.
- The Contract for the provision of Electronic Services involving the maintenance of an Account at the Online Store and provision of the Newsletter Service shall be concluded for an indefinite period.
- The Contract for the provision of the Electronic Service where the Service Provider enables order placement by means of a suitable form shall be concluded for a definite period and shall be terminated when the order is placed or when the Service Recipient cancels the placement of the order.
- The Service Recipient shall use the Online Store in accordance with the law and good practices, without violation of personal rights and intellectual property rights of third parties. The Service Recipient shall be prohibited from delivering unlawful content. It shall be prohibited to use Electronic Services in a manner that unlawfully disrupts the operation of the Online Store by using specific software or devices and distribution or posting of undesirable commercial information at the Online Store.
- The Service Recipient may submit complaints relating to the provision of the Electronic Service through the poofi-shop.com Online Store by sending an e-mail to: firstname.lastname@example.org or writing to the following address: Poofi Katarzyna Kamińska ul. Barska 70, 43-300 Bielsko-Biała. The Service Provider shall promptly consider the complaint, within 14 days from the date on which it was sent.
- The Service Recipient may terminate an indefinite Contract for the provision of a continuous Electronic Service for convenience, at any time and with immediate effect, by sending a suitable notice by e-mail to: email@example.com or in writing to the following address: Poofi Katarzyna Kamińska ul. Barska 70, 43-300 Bielsko-Biała.
- The Service Provider may terminate an indefinite Contract for the provision of the Electronic Service if the Service Recipient objectively or persistently breaches the Terms and Conditions, in particular when the Service Recipient delivers unlawful content, after a single notice to desist, indicating a suitable period, has been made to no avail. In such a case, the Contract shall expire 7 days after the notice on the will to terminate is made.
- Upon agreement of the Parties, the Service Provider and the Service Recipient may terminate the Contract for the provision of Services by electronic means at any time.
- The termination of an indefinite Contract for the provision of electronic services by the Service Provider or Service Recipient shall not prejudice the rights or performances acquired by the Parties during the term of the Contract.
- The Service Provider shall reply to Complaints by sending an e-mail to the e-mail address indicated by the Service Recipient or in another manner agreed by the Parties.
XII Personal data protection
- Under the Personal Data Protection Act of 10 May 2018 and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, p. 1), the owner of the poofi-shop.com Online Store informs that the personal data of Customers who are natural persons registered at the Store and Users are kept in a data filing system whose controller is Poofi Katarzyna Kamińska, ul. Barska 70, 43-300 Bielsko-Biała.
- According to the above-mentioned provisions, the owner of the poofi-shop.com Store informs that the personal data of the Customers are kept in a data filing system whose controller is the Seller.
- The personal data shall be collected and processed only to process orders placed by the Customer at the Store, handle complaints and receive returned products / notices of withdrawal from the contract and, upon consent of the Customer/User also to conduct promotional and advertising campaigns, subject to the requirement to protect the data defined in the provisions concerning personal data protection and marketing activities.
- Every Customer/User may request to examine their personal data, demand the data to be completed, updated, rectified, temporally or permanently suspended or erased, in case they are not complete, outdated, untrue or collected in violation of the act, or in case they are no longer required for the purpose for which they have been collected. The above-mentioned rights or requests shall be reported to the owner of the poofi-shop.com Store.
- The owner of the poofi-shop.com Store may transfer the processing of the personal data to other entities for the purposes and to the extent required for correct performance of the Service, for the purposes for which they have been collected.
- To ensure the security of your data and compliance with data protection laws, the owner of the poofi-shop.com Store has registered a Data Protection Officer with the Personal Data Protection Office (formerly: Inspector General for Personal Data Protection).
- You may withdraw your consent at any time. To do so, contact us by e-mail at firstname.lastname@example.org. Please note that the withdrawal of your consent shall only be effective after this event. Until we are notified that you do not want to receive our messages, our actions will be compliant with the law.
- We will process your data for as long as you consent. If you revoke your consent, your data will be erased by us promptly, within 5 business days from the date of your request. This is the maximum time we need to remove your data from our resources due to operating conditions.
- To send our newsletters, we use the services of the following processor – our trusted partner MailChimp: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE
Suite 5000, Atlanta, GA 30308 USA.
- We do not transfer your data to other recipients, either in the EEA or in third countries.
- We also inform that you have the right to lodge a complaint with the supervisory authority, i.e., the Personal Data Protection Office (formerly: Inspector General for Personal Data Protection).
XIII Final provisions
- These Terms and Conditions may be amended upon prior notice to the Users about the scope of the planned changes, which shall be submitted no later than 14 days before the effective date of the amendments.
- Orders placed when the previous version hereof was applicable shall be processed in accordance with the provisions of this previous version. Users who do not consent to the amendments hereto may delete their Accounts.
- Any disputes between the Seller and a Customer who is a Consumer as defined by Article 221 of the Polish Civil Code shall be resolved by the competent common court in accordance with the Code of Civil Procedure.
- Any disputes between the Seller and a Customer other than a Consumer as defined by Article 221 of the Polish Civil Code shall be resolved by the common court local to the registered office of the Store.
- Users may contact the Seller as follows:
- a) phone number: +48 537 728 052
- b) e-mail address: email@example.com
- c) by using the contact details specified at: www.poofi-shop.com/contact
- d) by mail to: Poofi Katarzyna Kamińska ul. Barska 70, 43-300 Bielsko-Biała.
- Buyers may access these Terms and Conditions at any time using the link included on the homepage of the poofi-shop.com.
- The Terms and Conditions may be recorded, acquired and reproduced by printing or saving on a suitable data medium.
- Name of the Poofi Online Store, the address at which it is available: www.poofi-shop.com and all materials included therein are subject to copyright and legal protection. Their use and dissemination without the consent of the Store owner is prohibited.
- These Terms and Conditions shall be effective as of 1 January 2021.