TERMS AND CONDITIONS

TERMS AND CONDITIONS

§1 Definitions

1.Postal address - shall mean the first name and surname or the name of an institution, location within a given town/city (in the case of a town/city divided into streets: street, building no., flat or unit no.; in the case of a town that is not divided into streets: town name and real property no.), postal code and town/city.

2.Address for complaints:

SOUL LABEL Izabela Trzcińska, Polna 4, 05-600 Mirowice, Poland

3. Delivery price list – shall mean the list of available delivery options and their costs that can be found at the following address: soullabel.pl/page/delivery-costs-and-payments.

4. Contact details:

SOUL LABEL Izabela Trzcińska, Polna 4, 05-600 Mirowice, e-mail address: hello@soullabel.pl, phone no.: 506 142 998

5. Delivery – shall mean a type of transport service included on the delivery price list available at the following address: soullabel.pl/page/delivery-costs-and-payments, specifying the carrier and delivery costs

6. Proof of purchase – shall mean an invoice, a bill or a receipt issued in compliance with the Polish Act of 11 March 2004 on Value Added Tax, as amended, and other applicable provisions of law.

7. Product card– shall mean a single subsite of the store, containing information about a single product.

8. Customer– shall mean an adult natural person with full capacity to enter into legal transactions, a legal person or an unincorporated organisational unit with legal capacity that makes a purchase that is directly related to its professional and business activity from the Seller.

9. Civil Code– shall mean the Civil Code Act of 23 April 1964, as amended.

10. Code of Good Practice – shall mean a set of rules of conduct, in particular ethical and professional standards, as specified in Article 2(5) of the Act on Combating Unfair Commercial Practices of 23 August 2007, as amended.

11. Consumer– shall mean a natural person who has full capacity to enter into legal transactions that makes a purchase that is not directly related to his/her professional and business activity from the Seller.

12. Shopping cart– shall mean a list of products created from products offered in the store based on the choices made by the Buyer.

13. Buyer – shall mean both the Consumer and the Customer.

14. Place of the transfer of items – shall mean the postal address or the collection point specified in the Order by the Buyer.

15. Moment of the transfer of items– shall mean the moment in which the Buyer or a third party designated by the Buyer takes possession of the goods.

16. Online Dispute Resolution (ODR) platform – shall mean the EU website operating on the basis of the Regulation (EU) No 524/2013 of the European Parliament and 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, available at https://webgate.ec.europa.eu/odr

17. Payment – shall mean a method of payment for the object of the contract and delivery, listed at the following address: www.soullabel.pl/page/payments

18. Authorised entity – shall mean an entity authorised to resolve consumer disputes extrajudicially within the meaning of the Act of 23 September 2016 on Extrajudicial Resolution of Consumer Disputes, as amended.

 19. Consumer Rights Act – shall mean the Act of 30 May 2014 on Consumer Rights.

20. Product – shall mean the minimum and indivisible quantity of anitem that can constitute the object of the order and which has been specified in the Seller’s store as the unit of measurement when specifying its price (price/unit).

21. Object of the Contract – shall mean products and delivery constituting the object of thecontract.

22. Object of performance – shall mean the object of the contract.

23. Collection point – shall mean the place of the transfer of items other than the postal address, specified on the list made available by the Seller in the store.

24. UOKiK Register – shall mean the register of authorised entities kept by the Office of Competition and Consumer Protection (UOKiK) on the basis of the Act on Extrajudicial Resolution of Consumer Disputes of 23 September 2016, as amended, available at https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

25. Item – shall mean movable property which is or may be the object of the contract.

26. Store – shall mean the website available at soullabel.pl, by means of which the Buyer can place an order.

27. Seller:

SOUL LABEL Izabela Trzcińska, Polna 4, 05-600 Mirowice, NIP (Tax Identification Number): 123-099-85-05, REGON (National Business Registry Number): 367292283, registered and visible in the register kept by the Central Registration and Information on Business (CEIDG) at the following address:  https://prod.ceidg.gov.pl/CEID...

BANK ACCOUNT: 32 1140 2004 0000 3102 7686 2473

28. System – shall mean a group of cooperating IT devices and software processing, storing, sending and receiving data via telecommunication networks by means of a terminal appropriate for the given type of network, commonly referred to as the Internet.

29. Lead time – shall mean the number of hours or business days specified on the product card.

30. Contract – shall mean an off-premises contract or a remote contract or a distance contract within the meaning of the Act of 30 May 2014 on Consumer Rights in the case of Consumers and a sale contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.

31. Defect – shall mean both a physical defect and a legal defect.

32. Physical defect – shall mean any non-compliance between the item sold and the contract, especially the situation when the item:

a. does not have properties which an item of this type should have due to its purpose specified in the contract or resulting from circumstances or intended use;

b. does not have properties of the existence of which the Seller has assured the Consumer,

c. is not fit for the purpose of which the Consumer has informed the Seller when entering into the contract, and the Seller has not raised any reservation as to such purpose;

d. has been transferred to the Consumer in incomplete state;

e. has been incorrectly installed and started up, provided that those activities have been performed by the Seller or any third party for which the Seller is responsible, or by the the Consumer who has acted in accordance with instructions received from the Seller;

f. does not have a property the existence of which has been affirmed by the producer or its representative, or a person that markets the item under his/her business activity as well as a person who, by putting his/her name, trade mark or other distinguishing feature on the product presents himself/herself as its producer, unless the Seller has not been aware of such affirmations or could not have been aware of them in reasonable judgment, or if they could not have any impact on theConsumer’s decision concerning the conclusion of thecontract, or when their contents have been modified before the conclusion of the contract.

33. Legal defect – shall mean a situation in which a sold Item is the property of a third party or is encumbered by any rights of a third party, and also whenever the restriction in the area of use or disposal of an item results from a decision or a ruling of a competent body.

34. Order – shall mean a statement of intent of the Buyer, made via the store  and defining in a unequivocal manner: the type and quantity of products; delivery method; payment method; place of the transfer of goods, details of the Buyer, aimed directly at the conclusion of the Contract between the Buyer and the Seller.

§2 General provisions

1.The contract is concluded in the Polish language, in compliance with Polish law and these Terms & Conditions.

2.The place of the transfer of items shall be located in the territory of the Republic of Poland.

3.The Seller shall provide services and deliver goods free of defects.

4.All prices listed by the Seller are expressed in PLN and they are gross prices (they include VAT). The prices of products do not contain delivery costs which have been specified in the delivery price list.

5.Each and every time limit shall be calculated in accordance with Article 111 of the Civil Code, which means that a time limit specified in days ends at the end of the last day, whereas if the beginning of a time limit expressed in days is marked by a certain event, the day on which the event occurred is not included when that time limit is calculated.

6.Any and all relevant provisions of the contract shall be confirmed, made available, recorded and saved, so as to ensure access to such information in the future, in the following way:

1. order confirmation made by sending the following at the specified e-mail address: the order, the pro forma invoice, information about the right to withdraw from the contract, these Terms & Conditions in PDF format, a template of the contract withdrawal form in PDF format, links to independently download the Terms & Conditions and a template of the contract withdrawal form;
2. attaching the following to the completed order sent to the designated place of the transfer of items, in printed form: the proof of purchase, information about the right to withdraw from the contract, these Terms & Conditions, a template of contract withdrawal form.

7.The Seller shall provide information on any warranties granted by any third party for products that are available in the store.

8.The Seller shall not charge any fees for the communication with the Seller using means of remote communication, whereas theBuyer shall cover the costs of such communication in the amount resulting from the contract that he/she has concluded with any third party providing him/her with a specific service which enables remote communication.

9.The Seller shall guarantee to the Buyer who uses the system that the store operates correctly in the following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the most recent version of JAVA and FLASH installed, on screens with the horizontal resolution over 1024 px. The use of any third party software that impacts the operation and functionality of the following browsers: Internet Explorer, FireFox, Opera, Chrome, Safari, may cause the store not to be displayed correctly. In order to achieve full functionality of the sprawdzonysklep.pl store, all such software should be disabled. 

10.As an option, the Buyer’s data can be remembered by the store to facilitate the process of placing the next order. To this end, the Buyer shall enter the login and password necessary to gain access to his/her account. The login and password are a series of characters specified by the Buyer, who shall keep them secret and protect them against unauthorised access by any third party. The Buyer shall be able to access, modify and update data as well as to delete the account in the store.

11.The Seller shall adhere to the Code of Good Practice.

12.The Buyer shall: 

1. not submit and not disseminate content of illegal nature, e.g. content which propagates violence, slanders or violates personal rights or any other rights of third parties, 
2. use the store in a manner that does not disturb its operation, in particular by specified software or devices, 
3. not perform actions, such as: disseminate or post unsolicited commercial communication (spam) within the store, 
4. use the store in a manner that does not inconvenience other Buyers and the Seller, 
5. use any and all content posted in the store for personal use only, 
6. use the store in compliance with legal provisions in force in the territory of the Republic of Poland, provisions laid down in these Terms & Conditions as well as general rules of netiquette.

§3 Conclusion and performance of the contract

1.Orders can be placed 24/7.

2.In order to place the order, the Buyer shall perform at least the following activities, some of which can be repeated multiple times:

1. add a product to the shopping cart;
2. choose the delivery option;
3. choose the payment option;
4. choose thethe place of the transfer of items;
5. place an order in the store by using the “Buy and pay“ button.

3.The contract is concluded when the Consumer places an order.

4.The Consumer’s order payable on delivery shall be executed immediately, whereas an order payable by bank transfer or via an electronic payment system shall be executed after the Consumer’s payment has been credited to the Seller’s bank account, which should happen within 30 days from the placement of the Order, unless the Consumer was unable to honour the obligation for reasons beyond his/her control and has informed the Seller about this fact.

5.The contract with the Customer is concluded upon the acceptance of the order by the Seller, of which the Seller shall inform the Customer within 48 hours from the placement of the order.

6.The Customer’s order payable on delivery shall be executed immediately upon the conclusion of the contract, whereas an order payable by bank transfer or via an electronic payment system shall be executed upon the conclusion of the contract and receipt of the Customer’s payment on the Seller’s account.

7.The execution of the Customer’s order can be conditioned on the payment of the order value, either in whole or in part, or obtaining a trade credit limit in the value at least equal to the order value or the Seller’s consent to send the order against payment on delivery.

8.The object of the contract shall be shipped within the time limit specified on the product card, whereas in the case of orders for multiple products it shall be shipped within the longest time limit specified on the product cards. The time limit starts running from the moment of starting to process the order.

9.The purchased object of the contract shall be shipped together with the sales document selected by the Buyer and by means of the delivery option selected by the Buyer to the place of the transfer of items specified by the Buyer in the order, together with attached annexes mentioned in §2(6b).

10.The entity responsible for processing online payments is Blue Media S.A.

11.The following payment methods are offered by the store:

Payment cards: 

* Visa
* Visa Electron
* MasterCard
* MasterCard Electronic
* Maestro

12. In the case of card payments, the order lead time starts running from the moment of obtaining positive authorisation.

§4 Right to withdraw from the contract

1.In compliance with Article 27 of the Consumer Rights Act, the Consumer shall have the right to withdraw from a distance contract without specifying the reason and incurring any costs, except for the costs specified in Article 33 and Article 34 of the Consumer Rights Act.

2.The time limit for withdrawal from the distance contract shall be 14 days from the place of the transfer of items. It shall be deemed to have been observed, if a statement is sent before its expiry.

3. The Consumer can submit a statement of withdrawal from the contract by using a form the template of which has been attached as Annex 2 to the Consumer Right Act, or any other form compliant with the Consumer Rights Act.

4.The Seller shall immediately send a confirmation of having received a statement of withdrawal from the contract to the Consumer at the e-mail address (provided by the Consumer when concluding the contract and to another address, if it has been specified in the submitted statement).

5.In the case of withdrawal from the contract, the contract shall be considered not concluded.

6.The Consumer shall return the item to the Seller without delay, but not later than within 14 days from the day on which the Consumer withdrew from the contract. The time limit shall be deemed to have been observed if the items have been sent back before its expiry.

7.The Consumer shall send back the items constituting the object of the contract from which the Consumer has withdrawn at his/her own expense.

8.The Consumer shall not bear any delivery costs in the case of digital content that has not been recorded on a tangible medium, if he/she has not given his/her consent to the supply of a service before the time limit to withdraw from the contract has expired or if the Consumer has not been informed that he/she lost the right to withdraw from the contract at the moment of giving such consent, or if the entrepreneur has not sent the confirmation in compliance with Article 15(1) and 21(1) of the Consumer Rights Act.

9.The Consumer shall be liable for the reduction in the value of the item being the object of the contract as a result of its use in a manner that falls outside the scope required to determine the nature, characteristics and operation of the item.

10.The Seller shall without delay, but not later than within 14 days from the day on which the Seller received the statement of withdrawal from the contract submitted by the Consumer, refund all payments made by the Consumer, including the costs of delivery of items to the Consumer, to the Consumer, with the stipulation that if the Consumerchose a delivery option other than the cheapest standard delivery option offered by the Seller, the Seller shall not refund additional costs to the Consumer in compliance with Article 33 of the Consumer Rights Act.

11.The Seller shall return the payment using the same payment method as the one chosen by theConsumer, unless theConsumer has clearly agreed to another method of payment which does not entail any additional costs for the Consumer.

12.The Seller shall have the right to withhold returning payment received from the Consumer until such time as the items are returned or the Consumer provides proof that they have been sent back, whichever occurs first.

13.In compliance with Article 38 of the Consumer Rights Act, the Consumer shall not have the right to withdraw from the contract:

1. wherein the price or remuneration depends on financial market fluctuations which are beyond the Seller’s control and which may occur before the time limit for withdrawal from the contract expires;
2. wherein the object of performance consists of a non-prefabricated product, custom-made for a consumer or intended to satisfy a consumer’s individual needs;
3. wherein the object of performance consists of goods prone to rapid decomposition or which expire rapidly;
4. wherein the object of performance consists of goods delivered in sealed packaging which cannot be sent back after the packaging has been opened because of healthcare concerns or for hygienic reasons, provided that the packaging was opened after delivery;
5. wherein the object of performance consists of goods which, owing to their nature, become inseparably connected to other goods after delivery;
6. wherein the object of performance consists of audio or video recordings or computer software delivered in sealed packaging, provided that the packaging was opened after delivery;
7. for the delivery of digital content that has not been recorded on a tangible medium, with the stipulation that the provision of the service commenced with the Consumer’s express consent before the time limit for withdrawal from the contract expired and after the Consumer was notified by the Seller about the loss of the right to withdraw from the contract;
8. for the delivery of daily newspapers, periodicals or magazines, with the exception of a subscription contract.

§5 Warranty

1.In compliance with Article 558 §1 of the Civil Code, the Seller fully excludes its liability towards Customers for physical and legal defects (a warranty).

2.The Seller shall be liable towards the Consumer for any defects (a warranty) in compliance with the principles set out in Article 556 of the Civil Code and the following articles.

3. In the case of a contract concluded with the Consumer, if a physical defect has been discovered before one year has passed from the moment of the transfer of items, it shall be assumed that it existed at the moment when the risk was assumed by the Consumer.

4.If a sold item has a defect, the Consumer can:

1. submit a statement requesting a price reduction;
2. submit a statement of the withdrawal from the contract;

unless the Seller immediately and without excessive inconvenience for the Consumer replaces a defective item with an item free of defects or removes the defect. However, if the item has been already replaced or repaired by the Seller, or if the Seller has not complied with the obligation to replace the item with an item free of defects or has not removed the defect, the Seller shall not have the right to replace the item or remove the defect.

5. Instead of the defect removal proposed by the Seller, the Consumer can request that the item be replaced with another item free of defects or request that the defect be removed instead of replacing the item, unless the item cannot be brought into conformity with the contract in the manner chosen by the Consumer or such process requires excessive costs as compared to the manner proposed by the Seller; when evaluating whether the costs are excessive, it is necessary to take into account the value of a non-defective item, the type and importance of the discovered defect and the inconvenience to be suffered by the Consumer in the case of another manner of satisfaction.

6. The Consumer shall not have the right to withdraw from the contract, if the defect is insignificant.

7. If a sold item has a defect, the Consumer can also:

1. demand that the item be exchanged for a non-defective item;
2. demand that the defect be removed.

8. The Seller shall replace a defective item with a non-defective item or remove the defect within a reasonable time limit and without causing excessive inconvenience for the Consumer. 

9. The Seller can refuse to satisfy the Consumer’s request, if it is not possible to restore a defective item to a condition compliant with the contract in the manner chosen by the Buyer or if it involves excessive costs as compared to another method of restoring a condition compliant with the contract. 

10. If a defective item has been installed, the Consumer shall have the right to demand from the Seller that the item be de-installed and then re-installed after its replacement with a non-defective item or after the defect has been removed, however the Consumer shall bear the part of costs related to that process that exceeds the price of the sold item, or the Consumer can request that the Seller pay a part of de-installation and re-installation costs up to the price of the sold item. If the Seller fails to comply with this obligation, the Consumer shall have the right to perform these actions at the Seller’s expense and risk. 

11. The Consumer who exercises his/her rights under the warranty shall deliver the defective item to the address for complaints at the Seller’s expense, and if due to the type of the item or the manner of its installation the delivery of such an item by the Consumer would be excessively difficult, the Consumer shall make the item available to the Seller at the site where the item is located. If the Seller fails to comply with this obligation, the Consumer shall have the right to send the items back at the Seller’s expense and risk. 

12. Replacement or repair costs shall be borne by the Seller, except for the situation described in §5(10).

13. The Seller shall accept the defective item from the Consumer in the case of replacing an item with a non-defective item or withdraw from the contract.

14. The Seller shall respond to the following, which are based on Article 5615 of the Civil Code, within fourteen days: the statement requesting a price reduction, the request to replace an item with a non-defective item, the request to remove the defect. The Seller  shall respond to any other statement of the Consumer which does not fall under the 14-day time limit provided for in the Civil Code within thirty days (Article 7a of the Consumer Rights Act).

Otherwise it shall be considered that the Seller has deemed the statement or the request of the Consumer to be justified.

15. The Seller shall be liable under warranty, if the physical defect has been discovered before two years have passed from the moment of the transfer of items to the Consumer, whereas if the object of sale was a used item, before one year has passed from the moment of the transfer of items to the Consumer. 

16. The Consumer’s claim concerning the removal of the defect or replacement of the sold item with a non-defective item shall expire after one year has passed from the day on which the defect was discovered, but not earlier than before two years have passed from the moment of the transfer of items to the Consumer, whereas if the object of sale was a used item, before one year has passed from themoment of the transfer of items to the Consumer.

17. If the expiration date specified by the Seller or the producer takes place after two years have passed from the moment of the transfer of items to the Consumer, the Seller shall be liable under warranty for physical defects discovered before the expiry of this date. 

18. Within time limits specified in §5(15) to (17), the Consumer can submit a statement of withdrawal from the contract or a statement requesting a price reduction due to a physical defect of a sold item, and if the Consumer has requested that the item be replaced with a non-defective item or that the defect be removed, the time limit for the submission of a statement of withdrawal from the contract or a statement requesting a price reduction shall start running upon the ineffective expiry of the time limit to replace the item or remove the defect.

19. If the Consumer pursues any of his/her rights under the warranty in court or court of arbitration, the period during which the Consumer is entitled to exercise other rights under the warranty shall be suspended until the proceedings are concluded by means of a final decision. The above provision shall apply accordingly to the mediation procedure, however the period during which the Consumer is entitled to exercise other rights under the warranty starts running from the day on which the court has refused to approve the settlement agreed with the mediator or the mediation procedure is ineffectively concluded.

20. The provisions laid down in §5(15) to (16) shall apply to the rights under the warranty for legal defects of the sold item, however the time limit shall start running from the day on which the Consumer has become aware of the defect, and if the Consumer has become aware of the defect as a result of a legal action of any third party – from the day on which the court decision issued in relation to the dispute with the third party becomes final.

21. If the Consumer has submitted a statement of withdrawal from the contract or a statement requesting a price reduction due to a defect of an item, the Consumer has the right to request that the damage incurred by him/her as a result of concluding the contract without being aware of the defect, even if such damage is a consequence of circumstances for which the Seller is not liable; the Consumer also has the right to request the reimbursement of costs related to the conclusion of the contract, costs related to the acceptance, transport, storage and insurance of the items, the return of incurred outlays that have not brought the Consumer any benefits and that have not been returned by any third party, as well as the reimbursement of legal costs related to proceedings. The above does not prejudice the obligation to remedy damages in accordance with generally applicable provisions of law.

22. The expiry of any time limit for defect discovery does not exclude the entitlement to exercise any rights under warranty, if the Seller has fraudulently concealed the defect.

23. If the Seller is obliged to perform benefits or monetary benefits in favour of the Consumer, the Seller shall do so without delay, but not later than within the time determined by law.

§6 Privacy Policy and personal data protection

1.The administrator of databases containing personal data submitted by Consumers using the store is the Seller.

2.The Seller shall protect personal data in compliance with the Act on Personal Data Protection of 29 August 1997 and the Act on Electronically Supplied Services of 18 July 2002. When providing his/her personal data to the Seller during the placement of an order, the Buyer grants the Seller consent to process this data for purposes related to the execution of the placed order. The Buyer can access, modify, update or delete his/her personal data at any time.

3.Detailed rules governing the collection, processing and storage of personal data used for purposes related to the execution of orders by the store have been described in the Privacy Policy, which is available at the following address: soullabel.pl/strona/polityka-prywatnosci

§7 Final provisions

1.No provision laid down in these Terms & Conditions aims to infringe the Buyer’s rights. No provision can also be interpreted as such, since in the case of non-compliance of any part hereof with applicable law, the Seller declares that the Seller shall be unconditionally subordinated to that law and shall comply with that law in place of the challenged provision of these Terms & Conditions.

2.Registered Buyers shall be informed of any and all amendments to these Terms & Conditions by e-mail (sent to the e-mail address specified during registration or when placing an order). The notification shall be sent at least 30 days before the new Terms & Conditions enter into force. The introduced amendments shall be aimed to ensure that the Terms & Conditions are compliant with applicable law.

3.The current version of the Terms & Conditions is always available to the Buyer in the Terms & Conditions tab (soullabel.pl/regulamin). The Buyer shall comply with the Terms & Conditions accepted by him/her when placing an order during order execution throughout the entire after-sales service period. Except for the situation when the Consumer considers such Terms & Conditions to be less favourable than the current version and informs the Seller that he/she chooses the current Terms & Conditions as binding. 

4.Matters not regulated by these Terms & Conditions shall be governed by applicable provisions of law. With the Consumer’s consent, disputes shall be resolved by way of mediation proceedings before the Voivodeship Inspectorates of Trade Inspection or by way of proceedings before a court of arbitration at the Voivodeship Inspectorate of Trade Inspection. The Consumer shall also have the right to use equivalent methods of pre-judicial or extrajudicial dispute resolution that are in line with applicable law, for instance by using the EU’s Online Dispute Resolution (ODR) platform or by choosing any authorised entity from those listed in the UOKiK Register. The Seller hereby declares intent to engage in and consents to extrajudicial resolution of consumer disputes.

As the last resort, the case shall be settled by the court having local and subject-matter jurisdiction.