We give children hope
We give children hope
§ 1
General provisions
§ 2
Definitions
The terms used in these regulations shall mean:
2.1. Consumer - is a natural person within the meaning of Article 221 of the Civil Code,
2.2. Trader with consumer rights - is a natural person who enters into a contract directly related to that person's business activity, where it is apparent from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject matter of that person's business activity made available pursuant to the provisions on the Central Register and Information on Business Activity,
2.3. Trader - means a natural person, a legal person or an organisational unit which is not a legal person but which is endowed with legal capacity by law, who pursues commercial or professional activities in its own name and who performs a legal action directly related to its commercial or professional activities,
2.4. Service provider/seller – Fundacja A & A Rainbow Hearts Around The World, KRS 0000803950,
2.5. Online shop - online shop operated at https://rainbowhearts.com.pl/shop/ by the A & A Rainbow Hearts Around The World Foundation
2.6. Kodeks cywilny – ustawa z dnia 23 Kwietnia 1964r. (Dz.U.2020.1740),
2.7. Product - available at the Online Shop, (1) a movable item (including a movable item with digital elements, i.e. containing or connected to digital content or a digital service in such a way that the absence of the digital content or service would prevent its proper functioning), (2) digital content or (3) a service (including a digital and non-digital service) being the subject of a Sales Agreement between the Customer and the Seller,
2.8. Regulations - these terms and conditions for the provision of services by electronic means within the meaning of Article 8 of the Act on Provision of Services by Electronic Means of 18 July 2002 (Dz.U.2020.344),
2.9. Customer/Buyer - a natural person, a legal person or an organisational unit that is not a legal person, to which specific provisions grant legal capacity, who places or plans to place an Order at the Internet Shop using electronic means, including a Consumer, an Entrepreneur on the rights of a Consumer and an Entrepreneur,
2.10. Order - a declaration of intent by the Customer, in which the Customer accepts the Seller's sales offer, which includes in particular the price, type, quantity of the Products under the Sales Agreement via the Internet Shop.
2.11. Sales Contract - Sales Contract of a Product concluded or entered into between the Customer and the Seller via the Internet Shop. The Sales Contract is also understood to be, respectively, an agreement for the provision of digital content or a digital service (in the case of Products which are digital content or digital services) and an agreement for the provision of services (in the case of a Product which is a service other than a digital service).
2.12. Consumer Rights Act - Act of 30 May 2014 on consumer rights (Dz.U.2020.287).
§ 3
Rules for the use of the online shop
3.1. The prices of all Products in the Online Shop are gross prices (including VAT) and are expressed in Polish zloty. Deviations from the Polish currency rule are clearly marked next to the Product price.
3.2. The Seller may use discount codes on the A & A Rainbow Hearts Around The World Foundation's Online Shop to authorise the purchase of Products at the discount shown on the coupon. Discount codes are not convertible into a monetary equivalent.
3.3. To place an order in the online shop of the A & A Rainbow Hearts Around The World Foundation, acceptance of these Terms and Conditions is required.
3.4. In order to successfully place an order on the A & A Rainbow Hearts Around The World Foundation's Online Shop, it is necessary to have a device with Internet access that allows you to browse the web, as well as a keyboard or other device that allows you to correctly fill in electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.5. The Shop website uses Responsive Web Design (RWD) technology, which adapts the content of the website to the device on which it is displayed. The Shop website is prepared to be displayed both on desktop computers and mobile devices.
3.6. The website of the A & A Rainbow Hearts Around The World Foundation's online shop is SSL certified - a secure protocol for encrypting communication.
§ 4
Conditions for entering into a sales contract
4.1. Orders in the online shop of the A & A Rainbow Hearts Around The World Foundation can be made by filling in the relevant forms available on the shop pages.
4.2. When placing an order, the customer is required to provide correct personal data: first and last name, e-mail address and, in the case of items with physical delivery to the buyer, home address and mobile phone.
4.3. Upon receipt of an order, the Seller confirms its receipt and at the same time informs the Customer that the Order has been accepted for fulfilment. Confirmation of the order is made by the Seller sending an appropriate e-mail message to the Customer at the address given in the order form. As soon as the Seller confirms acceptance of the order for execution, the contract is considered concluded.
4.4. The content of the contract of sale shall be made available and recorded by making these Terms and Conditions of Sale available on the website of the Internet Shop, sending the relevant information to the Customer's e-mail address given when placing the order, as referred to in §4 point. 4.2.
4.5. Making Orders in the Online Shop of the A & A Rainbow Hearts Around The World Foundation is possible 24 hours a day, all days of the year.
§ 5
Payment method and due date
5.1. At the A & A Rainbow Hearts Around The World Foundation shop, it is possible to pay in one of the following ways:
- transfer to the Seller's bank account,
- payment by credit card using the WooCommerce system,
5.2. Once the order has been placed, the customer chooses the payment method provided by the WooCommerce platform
5.4. The customer is obliged to make payment within 7 calendar days of the conclusion of the sales contract.
§ 6
Delivery
6.1. Where the object of the Sales Contract is a Product which is digital content or a digital service, access to the Product shall be granted as soon as payment is credited, for example, by making the digital content or service available in the Customer's Account in the Online Shop or by sending a unique link (URL) enabling such access to the e-mail address indicated by the Customer when placing the Order.
6.2. The use of the Products - digital content and services available in the Online Shop is possible for a period of time determined by the agreement, under the licence conditions applicable to the Product in accordance with the information provided in its description or, in the absence thereof, in a manner and to the extent necessary to use the Product in accordance with its purpose and subject matter, exclusively for the Customer's own personal use. Unless the individual licence conditions of the Product stipulate otherwise, the Customer shall not be entitled to any copyrights in the Product - digital content and services on the basis of the Sales Agreement and, in particular, shall not be entitled to distribute or market them in any form.
6.3 Virtual products are used by the A & A Rainbow Hearts Around The World Foundation for humanitarian work and are donated to those in need
6.4 Products requiring delivery to the Customer's address are sent by the Polish Post to the address specified in the Order.
§ 7
Withdrawal from the contract
7.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in this paragraph of the Terms and Conditions.
7.2. In order to exercise the right referred to in the preceding paragraph, the Consumer should inform the Seller by submitting a declaration of withdrawal. The declaration may be sent by e-mail to the Seller's e-mail address info@rainbowhearts.com.pl. For this purpose the Consumer may use the withdrawal form made available to him/her by the Seller or the template attached as Appendix No. 2 to the Consumer Rights Act, but it is not obligatory. In order to meet the withdrawal deadline it is sufficient to send the statement before its expiry. A declaration of withdrawal made after the deadline referred to in §7 para. 7.1, shall have no legal effect.
7.3. The form of declaration of withdrawal from the contract (appendix No. 1 to these Regulations) is provided to the Buyer on paper (in the documentation attached to the shipment) and in electronic form (as an attachment to the electronic correspondence confirming acceptance of the order for execution).
7.4. The period for withdrawal shall begin: for a contract for a product which is digital content or a digital service, from the day of conclusion of the contract.
7.5. In the event of withdrawal from the contract, all payments made by the Consumer will be reimbursed by the Seller immediately, but no later than within 14 days of receipt by the Seller of the Buyer's statement of withdrawal from the contract. The payment will be refunded using the same payment method used by the Consumer.
7.6 In the case of a Product which is a service, the performance of which - at the express request of the Consumer - has begun before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after having made such a request, shall be liable to pay for the services performed until the withdrawal. The amount of payment shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the performance.
7.7. In the case of a Product that is digital content or a digital service, the following additional rules shall apply - for the rest not covered below, the remaining provisions of paragraph 7 of the Terms and Conditions shall apply:
In the case of withdrawal from a contract for the provision of a Product - digital content or digital service - the Seller, from the date of receipt of the Consumer's statement of withdrawal, may not use content other than personal data provided or created by the Consumer during the use of the Product - digital content or digital service - provided by the Seller, with the exception of content that:
(1) are only useful in connection with the digital content or digital service that was the subject of the contract;
(2) relate solely to the Consumer's activities when using digital content or a digital service provided by the Seller;
(3) have been combined by the vendor with other data and cannot be separated from them or can only be separated with disproportionate effort;
(4) have been produced by the Consumer jointly with other Consumers who can still use them.
With the exception of the cases referred to in points (1)-(3,) above, the Seller shall, at the Consumer's request, make available to the Consumer content other than personal data that has been provided or created by the Consumer during the use of the digital content or digital service provided by the Seller. In the event of withdrawal, the Seller may prevent the Consumer from further use of the digital content or digital service, in particular by preventing the Consumer from accessing the digital content or digital service or by blocking the Consumer's account on the Shop, which shall not affect the Consumer's rights referred to in the preceding sentence. The Consumer shall have the right to recover the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
b. W przypadku odstąpienia od umowy o dostarczanie Produktu – treści cyfrowej lub usługi cyfrowej, Konsument jest zobowiązany zaprzestać korzystania z tej treści cyfrowej lub usługi cyfrowej i udostępniania ich osobom trzecim.
7.8. The right of withdrawal shall not apply to contracts covered by Article 38 of the Consumer Rights Act, in particular in the case of contracts:
(1) for the provision of services for which the Consumer is liable to pay the price, if the Seller has performed the service in full with the express and prior consent of the Consumer, who has been informed before the provision of the service by the Seller that after the Seller's performance he will lose his right of withdrawal, and has acknowledged this;
(2) in which the object of the performance is a non-refabricated product, manufactured to the Consumer's specifications or intended to meet the Consumer's personalised needs;
(3) in which the object of the performance is a perishable product or a product with a short shelf life;
(4) in which the object of the performance is a Product delivered in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
(5) for the supply of digital content not supplied on a tangible medium, for which the Consumer is liable to pay the price, if the Seller has commenced performance with the express and prior consent of the Consumer, who has been informed before the commencement of performance that after the Seller's performance he will lose his right of withdrawal, and has acknowledged this, and the Seller has provided the Consumer with the confirmation referred to in Article 15 (1) and (2) or Article 21 (1) of the Consumer Rights Act.
7.9. The provisions of this paragraph 7. of the Terms and Conditions concerning the Consumer shall also apply to Entrepreneurs on Consumer Rights.
7.10 Products that are a donation to the wards of the A & A Rainbow Hearts Around The World Foundation are not subject to cancellation or complaints.
§ 8
Complaints
8.1. The basis and scope of the Seller's liability towards the Customer are defined by the generally applicable provisions of law and the following provisions of the Terms and Conditions. Additional information concerning the Seller's liability, as stipulated by law, for the conformity of the Product with the Sales Agreement is indicated below:
- in the event of a complaint about a Product - digital content or service or a movable item that serves only as a carrier of digital content - purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from 1. January 2023 or before that date, if the delivery of such a Product was to take place or took place after that date, the Seller's liability is determined by the provisions of the Consumer Rights Act in the wording in force from 1. January 2023, in particular Articles 43h - 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller's liability towards the Consumer in the event of non-compliance of the Product with the Sales Agreement.
8.2. In the complaint, it is recommended to indicate: the defect that the Customer considers the Product to have and, if possible, to document the said defect, the date on which the defect occurred, the request for the method of bringing the Product into conformity with the agreement or any other claim of the Customer and to provide contact details. The above requirements are recommendations, their lack has no influence on the effectiveness of the complaint.
8.3. The seller will respond to the notification within 14 days of receipt.
8.4. The above provisions concerning the Consumer shall also apply to Entrepreneurs with Consumer Rights.
8.5. Detailed information concerning the possibility for the Customer who is a Consumer to use out-of-court ways of dealing with complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Commercial Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
www.uokik.gov.pl/spory_konsumenckie.php;
www.uokik.gov.pl/sprawy_indywidualne.php;
www.uokik.gov.pl/wazne_adresy.php.
8.6. A customer who is a Consumer has in particular (but not exclusively) the following examples of out-of-court complaint and redress procedures:
8.6.1. The Customer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended) to resolve a dispute arising from the concluded Sales Agreement. The Rules of Procedure for the organisation and operation of permanent amicable consumer courts are set out in the Ordinance of the Minister of Justice of 6 July 2017 on defining the Rules of Procedure for the organisation and operation of permanent amicable courts at provincial trade inspection inspectors. (Journal of Laws of 2017, item 1356).
8.6.2. The Customer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Commercial Inspection (consolidated text: Journal of Laws of 2019, item 1668 as amended), with a request for an out-of-court settlement of a dispute between the Customer and the Seller. Information on the principles and procedure of the mediation procedure conducted by the Voivodship Inspectorate of Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of Trade Inspection.
8.6.3. The customer can submit a complaint via the ODR online platform:
ec.europa.eu/consumers/odr/.
The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between traders and Consumers.
§ 9
Personal data
9.1. The administrator of the personal data is the Seller.
9.2. The data protection principles can be found in the Privacy Policy of the A & A Rainbow Hearts Around The World Foundation online shop, available at www.rainbowhearts.com.pl
§ 10
Final provisions
10.1. The Seller reserves the right to amend these Terms and Conditions for important reasons. Any amendments to the Terms and Conditions shall come into force on an appropriate date indicated by the Seller, but not shorter than 7 days.
10.2. The amended Terms and Conditions shall be binding upon the Buyer/Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code have been complied with, i.e. the Buyer/Customer has been duly notified of the amendments and has not terminated the contract within 14 calendar days of the notification.
10.3. Zgodnie z art. 8 ust. 3 pkt 2 lit. b ustawy z 18.7.2002 r. o świadczeniu usług drogą elektroniczną podmiot korzystający ze strony Sklepu Internetowego zobowiązany jest do nieumieszczania na tej stronie treści o charakterze bezprawnym.
10.4. In matters not covered by these regulations, the relevant provisions of the Civil Code and the Act of 30.5.2014 will apply. - on consumer rights.
10.5. These Terms and Conditions are available at www.rainbowhearts.com.pl.
10.6. Contracts with the seller shall be concluded in Polish.
10.7. The regulations shall enter into force on 01.01.2021.
