§ 1. GENERAL RESOLUTIONS
1.1. The owner of the store www.jellyalligator.com (“store”) is: Raspberry Republic S.C, Warszawska 167L2, 05-520 Konstancin-Jeziorna, Poland, Vat ID PL1231354632 (“seller”).
1.2. The seller operates a webshop in which he sells items and services over the Internet. The terms and conditions of the store are provided in this document (“terms and conditions”). In the electronically supplied services Terms and Conditions terms and conditions is, as referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013 r item 1422 i.e. with amendments).
1.3. The Shop is an online service through which a service provider is selling goods via the Internet.
1.4. The buyer of goods that are offered in the store, is an adult user that has made an order (“customer”)
1.5. A customer who is a private person and makes purchases that are not related to any business activity is called “consumer”
1.6. It is not a requirement to submit any data or information to view the content of the website. Creating an account is not necessary.
1.7. Information about the goods available on the site shall constitute an invitation to the conclusion of an agreement within the meaning of Article 71 in the Polish Civil Code.
1.8. Contact with the service provider is possible through telephone on +48 501 182 051 from Monday to Friday between 10-16:00 and via e-mail at email@example.com
§ 2. GENERAL SALES TERMS
2.1. The sale of items in the store is being subject to a sales agreement concluded over the Internet. The agreement is concluded when the client makes a purchase and the confirmation of this purchase is provided by the seller.
2.2. The subject of this agreement are items that are presented in the webshop, that are offered in the store at the time of placing an order.
2.3. The prices of the items in the store include VAT. The provided costs do not include shipping, which is calculated when submitting an order.
2.4. Orders placed by consumers are carried out according to the current prices at the date of order. They are indicated in the picture or description of the item. The price of the goods are retail prices and include all taxes. The prices are quoted in EUR.
§ 3. ORDERS
3.1. An order equals an electronic confirmation that the customer wants to enter an agreement to purchase an item from the store.
3.2. An order on the site can be placed by the customer 24 hours a day, 7 days a week throughout the whole year.
3.3. The selection of items for the order are selected by placing them in the cart. The contents of the cart can be verified at any time.
3.4. After selecting the items by adding them to the cart, the customer should press the button “Checkout” and fill out his or her details, such as delivery adress, choice of shipping and method of payment. The customer finalizes the order by clicking “Proceed to PayPal” and proceeding to make a payment for the order.
3.5. Until the moment of pressing the “Proceed” button the customer can make changes to the cart.
3.6. On the site, the seller will inform the customer in a clear and understandable way about:
a) description of the items that are being sold
b) contact details such as email adress, phone number, vat ID and adress of the company that is operating the website.
c) the adress to where the consumer can send complaints and remarks on the order.
d) the total price, including VAT and shipping.
e) the method of shipping, delivery times and return conditions of the order.
f) any additional costs that might occur while placing an order.
g) the return conditions for the customer
h) the method and timeframe of returning goods to the seller
3.7. The seller will confirm the order after payment has been made on the website. There will also be a separate confirmation of the order sent out by e-mail to the adress that the customer has stated in the order form, which will include:
a) E-mail contact details to the seller
b) Customer contact details
b) Order number
c) A list of items ordered, including unit prices of these items
d) Total price including method of payment
e) Shipping details
3.8. The customer has the right to ask for an receipt or invoice, which may either be printed out and sent together with the order or sent electronically to the e-mail adress that the customer has selected while placing order.
3.9. The confirmation of the order will contain payment instructions.
3.10. The seller may contact the customer by phone or e-mail about the order.
3.11. In case there are any inconsistencies in the e-mail confirming the order, the customer may contact the seller by sending an e-mail to firstname.lastname@example.org, stating the order number in the message topic.
3.12. The order will be delivered to the adress stated by the customer when placing the order.
3.13. The seller is obliged to deliver the ordered items free of any flaws or faults. The seller also sells items with flaws, but these are clearly described in the item description.
§ 4. PAYMENT
4.1. The customer can choose from the following payment options on the website:
a) credit or debit card payment with Visa/Mastercard via Stripe.com payment gateway
4.2. The seller does not offer a cash on delivery option for orders.
§ 5. ORDER PROCESSING AND SHIPPING
5.1. The Order processing starts when:
a) When the customer receives an e-mail information with the acceptance of the payment.
5.2. When all the items in the order are packed and ready for shipment, the customer will receive an e-mail with such information. The last confirmation message is sent to the customer when the order has been shipped.
5.3. After the order has been shipped the estimated delivery time is:
a) Courier (Shipments to Poland): up to 2 working days
b) Courier (Shipments to EU): up to 6 working days
c) Courier (Shipments to the rest of the World): up to 10 working days
5.4. Changes in shipment, cancellation of the order can be made according to the rules in this terms and conditions document and can be made by sending an email to email@example.com
5.5. The customer can cancel an order by sending an e-mail to firstname.lastname@example.org. The customer may not cancel an order that is already being prepared. The above fact does not block the customer from returning the order according to the rules in 7 paragraph of this document.
5.6. If items, that have been ordered are out of stock and cannot be restocked, the seller will contact the customer by sending an e-mail or making a phone call. Potential solutions to this problem can be presented by the seller: choosing a replacement for the out of stock items, dividing up the order or partial or full cancellation of the order.
5.7. If the customer does not agree to proceed with the order containing replacement products, the order will be cancelled partially or in full, depending on what the customer decides.
5.8. If there is a situation where the order is divided, the customer will only pay for the first shipment. Other costs, that might occur when dividing the order will be payed by the seller.
5.9. Regardless of the facts stated above, the seller has the right to cancel the order if it cannot be fulfilled within 30 days of placing it. When an order is cancelled because of such a situation, the seller will immediately return the money for the order to the customer.
5.10. In a situation, described in 5.6, where the customer does not make a decision within 30 days, the seller has the right to cancel the order in full.
5.11. In a situation, described in 5.6, where the order has been cancelled and the customer already made a payment, the seller will refund the customer according to the principles of law.
§ 6. WITHDRAWAL FROM THE CONTRACT AND REPLACEMENTS OF PURCHASED ITEMS
6.1. A consumer may withdraw from the contract of purchase made with the seller without stating the reason for the withdrawal. The withdrawal must be made within 14 days from the delivery of the ordered goods. The withdrawal must be sent via e-mail to email@example.com within this timeframe. Exceptions from this right are stated in the art. 38 ustawy z dnia 30 maja 2014 r. o prawach konsumenta (Dz. U. z 2014 r., poz. 827). In situations where the order is delivered in several shipments, the 14 days are counted from the delivery of the last shipment.
6.2. In the situation of a withdrawal of the contract, the contract is regarded as not concluded. The Consumer will receive a refund for the purchased items and is obliged to return the items as soon as possible, not later than after 14 days. The shipping costs when returning the goods are covered by the Consumer. In a withdrawal of the contract, the seller is obliged to return the money as soon as possible, not later than 14 days after receiving the withdrawal of the contract.
6.3. The refund will be made in the same way as the customer made her/his payment.
6.4. The returned goods must be in an unused state. In particular, they cannot be damaged. If these conditions are not followed by the Consumer, the seller has a right to dismiss the withdrawal of the contract.6.5. For sanitary and health reasons we are not accepting returns of underwear, swimwear and damaged items such as second grade items sold via our outlet.
§ 7. TERMS OF COMPLAINT
7.1. The seller is responsible for any faulty goods that are purchased by the customer, as described in the Civil Code (Dz. U. 2014 r. poz. 121 z późn. zm.). The seller is responsible if the sold goods have physical or legal flaws, where the flaw is inconsistent with the described goods. The customer has the right to issue a complaint within 2 years of receiving the goods.
7.2. The complaint should be made in a written form to the adress of the seller. When making the complaint the faulty items should be included along with the proof of purchase. The complaint muse be sent to: Raspberry Republic S.C, Warszawska 167 L2, 05-520 Konstancin-Jeziorna, Poland.
7.3. The seller will investigate the complaint within 14 days of receiving it and will inform the Customer on the results and next steps.
7.4. In situations where the complaint is approved, the seller will exchange the faulty item or remove the fault in it. In such a situation, the Customer does not have the right to demand a discount or a cancellation of the order. The complaint will be investigated within 14 days. In the case where an exchange, reparation or partial refund of the good is not possible the seller will refund the Customer in full.
§ 8. PERSONAL DATA
8.1. The seller, in accordance to the personal data protection act from 29 august 1997. (Dz.U. 2002 r. Nr 101, poz. 926 ze zm.) in relations to the electronical services act from 18 july 2002 (Dz.U. 2002 r. Nr 144, poz. 1204 ze zm.) is an administrator and has the right to process personal data in order for the Customer to use the website and enter a contract (signup for an account, make an order), financial settlement of the contract (invoice), investigating complaints, investigating the wrongful use of the website but also for archive reasons.
8.2. Customers’ personal data are also processed for marketing of the seller’s products and services. The customer can refuse to process his or her personal data for marketing purposes. The customer can accept receiving information electronically from the seller.
8.3. The processed data of the customers includes: Name, surname, e-mail, adress, phone number.
8.4. To make it easier for handling complaints, the customer should at least state the following personal data: name, surname, street, street number, flat number, phone number.
8.5. The seller also processes data such as the IP adress of the customer for technical and analytical reasons.
8.6. The customer has the right to view, modify and demand the removal of his or her data.
8.7. Personal data is processed with the technical and organisational caution that allows for the safe processing according to the requirements of the law, including the ordinance of the Interior and Administration Ministry from the 29 th of April 2004. The ordinance contains the documentation of personal data and the technical and organisational conditions, in which they should be processed (Dz. U. Nr 100, poz. 1024).
8.8. Giving out the personal data is optional, however required in order to fulfill the service and to finalize the sales agreement.
8.9. Cookies are being used by the seller in conditions that are descibed in the cookie politics file.
§ 9. FINAL CONCLUSIONS
9.1. Matters that are not regulated by this document are the subject of Polish law, in particular the Consumer Rights act from 24th of June 2014 (Dz.U. z 2014, poz. 827), the Civic Code act from 23rd of April 1964 (Dz. U. z 2014 r. poz. 121 z późn. zm.).
9.2. Potential conflicts by the Customer, which is not a Consumer and the Seller will be settled by court based on the location of the Seller.
9.3. All names of the items offered by the Seller are used for identification and may be protected and copyrighted.
9.4. This Document refers to orders placed after the 15th of March 2016.
9.5. The correct use of the website requires the following:
a) monitor with 1024 x 768 pixel resolution
b) Internet access
c) Mozilla Firefox, Google Chrome, Internet Explorer in the latest available versions, with cookies enabled.
d) E-mail account for receiving and sending e-mails.
9.6. The seller reserves the right for maintenances, during which the website could be offline. This will however not influence any placed orders.
9.7. The customer confirms that the personal data stated are correct and true. If the customer has changed any of the personal data, information to the seller should be sent.
9.8. The seller may change the Terms and Conditions document. The changes will come into effect 14 days after information that the document has been changed is provided on the website. The seller must also inform the customers by sending them an email. The changes in this document will not apply to orders placed before the changes were made.
9.9. The customer is obliged to follow the rules for the overuse of electronic communication means by:
– not taking any actions that might cause technical problems to the website or it’s status.
– not taking actions that can harm third parties, are against common social norms or that are not in accordance to law.
9.10. The customer has the right to close his or her account at the website at any given time.
9.11. The seller has the right to terminate an agreement in any given time, with a 14 day notice period from informing the client about the decision by e-mail. The causes for the termination could be the termination of the seller’s business, breaking of this document or the failure to accept the new terms and conditions within 90 days of the suggested change.