Snap the Moment online shop Terms and Conditions
Setting rules for concluding online sales agreements between our shop and providing relevant information about the Seller, shop and consumer rights.
§ 1 Definitions
§ 2 Contact the Seller
§ 4 Online purchases
§ 5 Payments
§ 6 Order processing
§ 7 The right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
Appendix 1: The right of withdrawal form
§ 1 DEFINITIONS
Working days – weekdays Monday to Friday excluding public holidays
Account – separately regulated free electronic facility (service) offered by the Shop which enables the buyer to open a personal account with our shop
Consumer – Consumer as defined in the Civil Code
Buyer – a legal entity buying in our shop
Terms and Conditions – these Terms and Conditions
Shop – online shop Snap the moment run by the Seller at https://snapthemoment.pl
Seller – MONIKA ANNA ŁUKIAŃSKA, entrepreneur operating under the business name MOMENTAL MONIKA ŁUKIAŃSKA, entry in the Business Activity Register retained by the Ministry of Entrepreneurship and Technology maintaining Central Registration and Information on Business, NIP 9570856205, REGON 143149984, Świstaka 48, 80-175 Gdańsk
§ 2 CONTACT THE SELLER
- Address: Świstaka 48, 80-175 Gdańsk
- Email address: firstname.lastname@example.org
- Telephone number: +48 504 187 470
- To be able to use our online shop properly you need:
- A device with internet access
- To place an order in our online shop, in addition to the requirements of point 1, you need an active email account.
§ 4 ONLINE PURCHASES
- Prices displayed in our shop are total prices and include VAT.
- The Seller wants to point out that the total order price comprises the price of goods, and, if applicable, delivery costs.
- Goods to be purchased must be added to the shopping cart.
- The Buyer proceeds to the available methods of payment and delivery, and submits data necessary to complete the order.
- The order is submitted when the Buyer confirms and accepts terms and conditions.
- Placing an order equals signing a sales agreement between the Buyer and the Seller.
- The Seller will provide the Consumer with the sales agreement confirmation on a durable medium on delivery of the goods at the latest.
- The Buyer may register an online account with the Shop, i.e. open an account, or purchase goods as a guest, which means providing all the necessary data with each consecutive order.
§ 5 PAYMENTS
- The Buyer can choose to pay for the order using one of the following methods:
- Money transfer into the Seller’s bank account
- Online payment systems:
- Cash on delivery, i.e. payment when the goods are delivered to the Buyer.
- In case of advance payment, the Buyer must pay for the goods within 2 working days from the moment of placing the order.
- The Seller informs that some payment methods, due to their nature, work only after placing an order.
- The Buyer placing an order accepts electronic invoices used by the Seller. The Buyer has the right to withdraw their acceptance.
- Settlement of transactions by credit card and e-transfer is carried out by dotpay.pl
§ 6 ORDER PROCESSING
- The Seller is obliged to deliver goods free from defects.
- Order delivery date is indicated on the Shop website
- If the Buyer chooses to pay in advance, the Seller will process the order when the payment has been received.
- If within one order the Buyer purchases goods with different processing times, the goods will be delivered based on the longest processing time.
- Goods are delivered within the territory of the Republic of Poland only.
- Goods purchased in the Shop are supplied by a delivery method of the Buyer’s choice:
- Via courier company
§ 7 THE RIGHT OF WITHDRAWAL
- The Consumer has the right to withdraw from an agreement with the Seller via the Shop, subject to the provisions of paragraph 8 of Terms and Conditions, within 14 days without providing reason.
- The withdrawal periods ends 14 days from the day:
- when the Consumer receives the goods or the day on which the third party other than the carrier and indicated by the Consumer acquires physical possession of the goods.
- When the Consumer receives the last goods or the day when the third party other than the carrier and indicated by the Consumer, acquires physical possession of the last item in case of an agreement stipulating transfer of ownership of many separately delivered items.
- The Consumer must inform the Seller about the decision to withdraw from the contract, using the data in section § 2 of Terms and Conditions, by an unequivocal statement (e.g. a letter posted or email).
- The Consumer may use the withdrawal form at the end of Terms and Conditions, but it is not mandatory.
- In order to exercise the right to withdrawal, the Consumer must send the relevant information to the Seller before the withdrawal period ends.
EFFECTS OF WITHDRAWAL
- In the event of withdrawal the Seller will refund all received payments including shipping costs (except expenses incurred through the Consumer’s choice of delivery other than the least expensive shipping method offered by the Seller) immediately or in any event no later than 14 days from the moment the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
- The Seller will reimburse the Consumer using the same means of payment as the Consumer used for the initial transaction, unless the Consumer agrees otherwise. In any event the Consumer incurs no fees as a result of such reimbursement.
- The Seller may withhold reimbursement until receipt of the goods or evidence of goods having been returned, whichever is earlier.
- The Seller requests return of goods to the address: Świstaka 48, 80-175 Gdańsk immediately or in any event no later than 14 days from the day on which the Consumer informed the Seller of the decision to withdraw. The withdrawal period is observed if the Consumer returns the goods within 14 days.
- The Consumer pays the direct costs of returning the goods.
- The Consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- If the goods by their nature cannot be returned by post, the Consumer must pay the direct costs of returning the goods. The estimated cost is provided by The Seller either in the product description or when placing an order.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
- The right to withdraw from a contract concluded at a distance does not apply in case of agreements with the following content:
- The supply of goods made to the Consumer’s specifications or clearly personalized to satisfy the Consumer’s individual needs.
- The supply of goods which are liable to deteriorate or expire rapidly.
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of sealed audio or video recordings or sealed computer software which were unsealed after delivery.
- The supply of newspapers, periodicals or magazines with the exception of subscription contracts.
- The supply of goods and services whose price depends on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the Consumer’s prior express consent and acknowledgment of the information provided by the Seller regarding the loss of the right of withdrawal.
- The right of withdrawal from a contract concluded remotely is restricted to the Consumer.
§ 9 COMPLAINTS
- In the event of defective goods the Buyer can make a complaint based on the Civil Code warranty or guarantee, if the guarantee has been granted.
- Using the warranty and the terms and deadlines specified in the Civil Code the Buyer may:
- Lodge a statement requesting price reduction
- In event of serious defects – withdraw from the contract
- Demand a defect-free replacement
- Demand to have the defect corrected
- The Seller requests claims under the warranty to be made to the address indicated in section §2 of Terms and Conditions.
- The Buyer may need to deliver the defective goods to the address Świstaka 48, 80-175 Gdańsk, at the Seller’s expense.
- If the product has received an additional guarantee, the relevant information is available in the product description in the Shop.
- Complaints relating to the Shop must be sent to the email address indicated in section §2 of Terms and Conditions.
- The Seller will address the complaint within 14 days from filing of the complaint.
EXTRAJUDICIAL MEANS OF DEALING WITH COMPLAINTS AND CLAIMS
- If the complaint procedure does not bring the result expected by the Consumer, the Consumer may:
- Request mediation proceedings from the regional Trade Inspectorate. Mediation is free of charge. The register of Trade Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595
- Request assistance from the regional permanent Consumer Court of Arbitration at the regional Trade Inspectorate. In principle such proceedings are free of charge. The list of permanent consumer courts of arbitration can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq596
- Request free legal aid from the Municipal or District Consumer Ombudsman.
- Use the internet platform ODR, which can be found at: http://ec.europa.eu/consumers/odr/
§ 10 PERSONAL DATA
- The administrator of the personal data provided by the Buyer when using the Shop is the Seller.
§ 11 DISCLAIMERS
- The Seller must not provide illegal content.
- Each order placed with the shop is a separate sales agreement requiring a separate acceptance of Terms and Condtions. An agreement is concluded for a definite time necessary to process an order.
- Agreements under these Terms and Conditions are concluded in Polish.
- In event of dispute with the Buyer who is not a Consumer, the appropriate court is the court having jurisdiction over the Seller.
- These Terms and Conditions do not exlude or limit any rights of Consumers under the rules of law.
If desired, a Consumer may use the withdrawal form below:
WITHDRAWAL REQUEST FORM
(Complete and return this form only if you wish to withdraw from the contract)
MOMENTAL MONIKA ŁUKIAŃSKA
Świstaka 48, 80-175 Gdańsk email address: email@example.com
- I, ....................................................................…, hereby give notice of my withdrawal from our contract of sale of the following goods:
- Received on:
- Consumer(s) Name:
- Consumer(s) Address:
Signature of Consumer(s)
(only if this form is on paper)
(*) Delete as appropriate.