Purchase Terms and Conditions
Terms and Conditions of the www.bunnythestar.com Online Shop
I Definitions
The terms used in these Terms and Conditions shall mean:
- Customer – a natural person, a legal person or an organisational unit not being a legal person but granted legal capacity under special regulations, that places an Order in the Shop.
- Civil Code – the Act of 23 April 1964 (consolidated text of Journal of Laws of 2016, item 380, as amended).
- Consumer – pursuant to Article 221 of the Civil Code, a consumer is defined as a natural person entering with an entrepreneur into a legal transaction that is not directly related to their economic or professional activity.
- Terms and Conditions – Terms and Conditions of the www.bunnythestar.com Online Shop
- Online Shop (Shop) – online service available at https://bunnythestar.com, through which the Customer may, in particular, place Orders.
- Seller – Piotr Hardej, conducting business activity under the name BUNNY THE STAR Piotr Hardej, ul. Jana Sebastiana Bacha 34/1111, 02-743 Warsaw. 5213200352, REGON (National Business Registry Number) 143002086.
- Goods – products presented in the Online Shop.
- Sales Agreement – an agreement on the sale of Goods, as defined by the Civil Code, concluded between the Shop and a Customer through the Shop's website.
- Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (consolidated text of Journal of Laws of 2017, item 683)
- Electronic Services Act – the Electronic Services Act of 18 July 2002 (consolidated text of Journal of Laws of 2016, item 1030, as amended).
- Order – a declaration of will made by a Customer, the direct goal of which is to conclude a Sales Agreement, specifying, in particular, the type and number of Goods.
II. General Provisions
- 2.1. These Terms and Conditions define the rules for the use of the Online Shop available at www.bunnythestar.com.
- 2.2. These Terms and Conditions are the terms and conditions referred to in Article 8 of the Electronic Services Act.
- 2.3. The Online Shop at www.bunnythestar.com is operated by
Piotr Hardej, conducting business activity under the name
- Piotr Hardej, conducting business activity under the name BUNNY THE STAR
- ul. Jana Sebastiana Bacha 34/1111, 02-743 Warsaw, NIP (Tax Identification Number) 5213200352, REGON (National Business Registry Number) 143002086.
- 2.4. These Terms and Conditions define in particular:
- a.) the rules of registration and use of an account within the Online Shop;
- b.) the rules and technical conditions of purchases of products available in the Online Shop;
- c.) the rules of placing Orders via the Online Shop;
- d.) the rules of concluding Sales Agreements using services provided as part of the Online Shop.
- 2.5. The www.bunnythestar.com Online Shop conducts retail sales via the Internet.
- 2.6. All products offered by the Online Shop are brand new, free from physical and legal defects and have been legally introduced into the Polish market.
- 2.7. For the proper use of the Shop, it is necessary to meet the following technical requirements:
- connection to the Internet
- a web browser capable of displaying hypertext documents (HTML) linked to the Internet on a computer screen via a web-based service.
- 2.8. For the proper use of services, the Customer should have computer hardware and software meeting the following minimum requirements:
- an up-to-date version of Firefox, Chrome, Opera, Safari or any other browser compatible with the current web display standards;
- a monitor with a resolution of at least 1024x768;
- włączona obsługa Cookies i Java Script 3. Cookies and Java Script 3 support enabled. In the event that the Customer uses hardware or software that does not meet the aforementioned technical requirements, the Seller cannot guarantee the correct functioning of the website and stipulates that this may negatively affect the quality of the services provided.
- 2.9. The Seller represents that the provision of services through the Online Shop is intended for persons 16 years of age or older.
III. Registration
- 3.1. In order to create an account, the Customer may register in the Shop free of charge.
- 3.2. Registration is not necessary for placing an Order in the Online Shop.
- 3.3. In order to register, the Customer should fill in the registration form available on the Shop's website and send the completed form.
- 3.4. In order to register, the Customer is obliged to read and accept the Terms and Conditions.
- 3.5. Once the completed form is submitted, the Customer will immediately receive an e-mail confirmation of registration to the e-mail address indicated in the form.
IV. Procedure for Concluding a Sales Agreement
- 4.1. In order to conclude a Sales Agreement via the Online Shop, the Customer should visit www.bunnythestar.com, select Goods from the Shop's offer and take further technical steps, as specified by the order wizard made available to the Customer, in order to configure the Goods for purchase.
- 4.2. The Goods to be ordered are selected by the Customer through the order wizard and then added to the basket.
- 4.3. When placing an Order, before pressing the "Proceed to Checkout" button, the Customer has the possibility of modifying the data entered and the Goods selected. For this purpose, the Customer must follow messages displayed and information available on the website.
- 4.4. Once the Customer using the Online Shop has provided all the necessary data or has correctly logged in, an Order summary will be displayed. The Order summary will contain information concerning:
- a.) the subject of the order,
- b.) unit and total price of the ordered products, including delivery costs and additional costs (if any),
- c.) selected payment method,
- d.) delivery method,
- e.) comments to the order - additional information submitted by the Customer to the Seller.
- 4.5. In order to place an Order, it is necessary to accept the Terms and Conditions.
- 4.6. The provision of personal data marked with an asterisk is voluntary, but failure to provide such data will make it impossible to process the Order.
- 4.7.The Order is sent by pressing the "Order with obligation to pay" button.
- 4.8. The Customer's sending of the Order constitutes a declaration of will to conclude a Sales Agreement with the Seller, in accordance with the content of the Terms and Conditions.
- 4.9. After placing the Order, the Customer will receive an e-mail message containing the final confirmation of all the significant Order elements.
- 4.10. The Agreement shall be considered concluded once the Customer receives the e-mail message referred to above.
- 4.11. The Sales Agreement, the content of which is in accordance with the Terms and Conditions, shall be concluded in the Polish language.
V. Delivery
- 5.1. The delivery of the Goods shall be limited to the territory of the European Union and shall be made to the address indicated by the Customer in the course of placing the Order.
- 5.2. The ordered Goods are delivered using the method of transport chosen by the Customer when placing the Order.
- 5.3. The order lead time is the processing time of 1-10 working days and the delivery time of 24h/48h (for deliveries within the territory of the Republic of Poland) or 72h (for deliveries within the territory of the European Union) respectively, counting from the day of booking the payment for the Goods purchased by the Customer.
- 5.4. Before accepting the shipment delivered by a courier, it is necessary to check whether the packaging has not been damaged in transport. In particular, attention should be paid to the condition of tapes or seals affixed to the consignment. If the packaging bears any signs of damage or if the seals (tapes) are broken, it is necessary to refuse to accept the shipment, draw up a damage report in the presence of the courier and contact the seller as soon as possible in order to explain the case. Failure to identify any irregularities in the shipment in terms of quantity or quality upon receipt may affect the outcome of the Customer's complaint regarding the incompleteness, damage or theft of the shipment in transport.
VI. Prices and Payment Methods
- 6.1. The prices of the Goods are given in Polish zloty and include all components, including VAT, customs duties and any other components.
- 6.2. The Customer may pay for the Order via:
- a.) transfer to the bank account number 39 1090 1870 0000 0001 3573 0639;
- b.) payment through the DOTPAY system.
- 6.3. The Shop issues a proof of purchase for all Goods sold: a receipt or an invoice.
VII. Right of Withdrawal
- 7.1. Pursuant to the Consumer Rights Act, a Customer who is a Consumer has the right to withdraw from an agreement concluded remotely within 14 days, without providing any reason. Withdrawal shall be deemed effective if the Consumer makes a statement to that effect in writing and sends it to the address of the Shop or by e-mail to [email protected]. When making a declaration of withdrawal, the Consumer may use the declaration form available on the Shop's website. Upon the receipt of the relevant declaration by the Shop, a confirmation of this fact will be immediately provided to the Customer, together with the return number to be referred to when returning the Goods.
- 7.2. The 14-day period shall be calculated from the day on which the Goods were delivered. The time limit shall be deemed to have been met if, before its expiry, the Consumer sends a declaration of withdrawal.
- 7.3. The Consumer's right of withdrawal from the Sales Agreement is excluded for goods that are not prefabricated, that are manufactured according to the Consumer's specifications or that serve to meet the Consumer's individualised needs (Article 38(3) of the Consumer Rights Act).
- 7.4. In the event of withdrawal from a distance agreement, the agreement is deemed not to have been concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, properties and operation of the items being the subject of the Agreement.
- 7.5. The Seller shall be obliged to refund all payments made by the Consumer, including the cost of delivery of the Goods to the Consumer, immediately but not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement. The Seller may withhold the refund of payments received from the Consumer until it has received the Goods or the Consumer has provided evidence of having sent the Goods back, whichever occurs first.
- 7.6. Payments shall be refunded in the same manner in which the payment was made, unless the Consumer expressly accepts another solution. No fees are charged for the refund of payments.
- 7.7. The Goods should be returned immediately, but not later than within 14 days. To keep the time limit, it is sufficient to send the Goods back to the Seller's address before the time limit expires.
- 7.8. The cost of packaging and returning the Goods shall be borne by the Customer.
VIII. Complaints about Goods
- 8.1. The Seller shall ensure that the Goods are delivered free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
- 8.2. A physical defect in the Goods involves the non-compliance of the sold Goods with the Agreement; the Goods sold are not in compliance with the Agreement in particular if they:
- do not have the properties which an item of this kind should have due to the intended purpose specified in the Agreement or due to the circumstances or intended use;
- do not have the properties which the seller assured the purchaser of, including by presenting a sample or specimen;
- are not fit for the intended purpose communicated to the purchaser by the seller, and the seller has not expressed any reservations as to the purpose;
- were delivered to the purchaser incomplete.
- 8.3. The Seller is exempt from liability under the warranty if the Customer was aware of the defect at the time of concluding the Agreement.
- 8.4.If the Goods sold have a defect, the Customer may:
- submit a declaration to reduce the price or withdraw from the Agreement unless the Seller replaced the defective Goods, immediately and without excessive inconvenience for the Customer, with Goods free of defects or rectifies the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller or the Seller has failed to replace the Goods with Goods free of defects or remove the defect;
- (if the Customer is a Consumer), demand, instead of the rectification of defects proposed by the Seller, replacement of the Goods with Goods free of defects or, instead of the replacement of the Goods, demand the rectification of the defects, unless bringing the Goods into conformity with the agreement in the way selected by the Consumer is impossible or would require excessive costs as compared to the way proposed by the Seller;
- demand the replacement of the Goods with Goods free of defects or removal of the defect. The Seller is obliged to replace the defective item with an item free of defects or remove the defect within a reasonable time, without undue inconvenience for the Purchaser.
- 8.5. For a Customer who is a Consumer, the cost of delivery of the Goods complained about shall be covered by the Seller.
- 8.6. f the Customer who is a Consumer has requested the replacement of the Goods or the removal of the defect or has made a declaration of price reduction, specifying the price reduction amount, and the Seller has not responded to this request within 14 days, it shall be deemed that the Seller has recognised the request as justified.
- 8.7. The Seller shall be liable under the warranty if a physical defect is identified before the expiry of two years from the date of delivery of the item to the Customer.
- 8.8. The claim for the rectification of a defect or the replacement of the sold Goods with goods free of defects shall be time-barred within one year from the date of discovery of the defect. If the purchaser is a Consumer, the period of limitation shall not end before the expiry of two years from the date of delivery of the item to the Consumer.
- 8.9. The Goods sold by the Seller may be covered by a guarantee granted by the manufacturer of the Goods or the distributor. If the Goods are covered by a guarantee, information on the existence and content of the guarantee is provided on the Shop’s website.
- 8.10. Complaints due to a violation of the Customer's guaranteed rights or other rights under these Terms and Conditions should be sent to [email protected]. The Seller undertakes to consider each complaint within 14 days or, if this is not possible, to notify the Customer within this period about when the complaint will be considered.
- 8.11. The prerequisite for the www.bunnythestar.com Online Shop to consider a complaint is to provide the Seller with the Goods complained about together with the receipt or invoice.
- 8.12. If the Customer’s complaint is recognised, the Seller shall satisfy the Customer's claim within 14 working days from the date of receiving the Goods complained about.
IX. Complaints about Electronic Services
- 9.1. The Seller strives to ensure the fully correct operation of the Shop to the extent resulting from current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable period of time.
- 9.2. The Customer is required to immediately notify the Seller of any irregularities or interruptions in the operation of the Online Shop service.
- 9.3. The Customer may report irregularities related to the operation of the Shop in writing by e-mail at [email protected] or by using the contact form available at www.bunnythestar.com/kontakt .
- 9.4. In the complaint, the Customer should provide their full name, correspondence address, description and date of occurrence of irregularities related to the operation of the Shop.
- 9.5. The Seller undertakes to consider each complaint within up to 14 days or, if this is not possible, to notify the Customer within this period about when the complaint will be considered.
X. Personal Data Protection
- 10. 1. The provisions concerning personal data protection can be found in the Privacy Policy, which forms part of these Terms and Conditions.
XI. Final Provisions
- 11.1. Customers may access these Terms and Conditions at any time via the link on the home page of www.bunnythestar.com or download and print them.
- 11.2. In the event of a dispute arising from a concluded Sales Agreement or Electronic Services Agreement, the parties will seek to resolve the dispute amicably. The law applicable to the resolution of any disputes arising under these Terms and Conditions shall be the law of Poland.
- 11.3. Any disputes arising between the Seller and a Customer who is a Consumer shall be submitted for resolution to the competent courts pursuant to the relevant provisions of the Act of 17 November 1964 (consolidated text of Journal of Laws of 2016, item 1822, as amended).
- 11.4. A Customer who is a Consumer may benefit from out-of-court ways of handling complaints and pursuing claims. To benefit from the possibility of amicable resolution of disputes concerning online purchases, the Consumer may submit their complaint, e.g. via the EU ODR platform, available at:http://ec.europa.eu/consumers/odr/.
- 11.5. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted for resolution to the court having jurisdiction over the Seller's registered office.
- 11.6. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the Electronic Services Act and any other relevant provisions of Polish law shall apply.