Der Online-Shop wird betrieben von Onsen Sp. z o.o. mit Sitz in Toruń, ul. Marii Skłodowskiej-Curie 71G, eingetragen im Nationalen Gerichtsregister unter der Nummer 0000588698, mit der REGON-Nummer 363084435 und der NIP-Nummer 9562314576, im Folgenden als Administrator bezeichnet.
Der Versandhandel erfolgt über die Website unter der URL https://onsensleeping.com/.
§1 GRUNDLEGENDER INFORMATIONEN
- Diese Bestimmungen legen die Bedingungen für die Auftragserteilung im Geschäft und den Abschluss von Kaufverträgen über die Website des Geschäfts fest.
- Dem Kunden ist es untersagt, rechtswidrige Inhalte bereitzustellen und den Shop in einer Weise zu nutzen, die seine Funktion stört und für andere Kunden belastend ist.
- Alle im Shop präsentierten Produkte sind frei von physischen und rechtlichen Mängeln, und ihre Markteinführung erfolgte in Übereinstimmung mit dem Gesetz.
- Alle Namen und Marken, die auf den Websites des Shops platziert sind, sind Marken, die ihren Eigentümern vorbehalten sind und ausschließlich zu Identifikationszwecken verwendet wurden.
- Die Informationen über die im Shop präsentierten Waren stellen eine Einladung zum Abschluss eines Vertrags im Sinne von Art. 71 des Bürgerlichen Gesetzbuchs dar.
- Für jeden Kauf wird eine Quittung oder eine Mehrwertsteuerrechnung ausgestellt.
§2 PLACING ORDERS AND THE PROCEDURE FOR CONCLUDING A SALES CONTRACT
- To place an order through the ONSEN® website, customers must select the desired products, take further steps based on the messages and information displayed on the website, and complete the order form.
- Customers choose the products they wish to order by adding them to the cart.
- During the ordering procedure, customers select the appropriate shipping and payment methods and provide the necessary information to fulfill the order, including their name, surname, billing address, and delivery address.
- Acceptance of the Store Regulations by the customer is necessary to complete the ordering procedure.
- The order placement procedure ends when the customer clicks the purchase confirmation button. Until this moment, customers have the option to modify the entered data and change the selection of products.
- Submitting an order constitutes a declaration of intent to conclude a sales contract with Onsen Sp. z o.o., and after the order is placed, the customer will receive an email confirming their order. The sales contract is concluded with the sending of this confirmation email.
- Recording, securing, providing, and confirming the significant provisions of the contract to the customer is carried out by sending an order confirmation to the customer's email address.
§3 ORDER FULFILLMENT
- Approximately 95% of orders are fulfilled within 2 business days unless a different deadline is specified in the product description. The time frame is counted from the correct completion of payment in the case of payment using the PayU system; from the receipt of payment into the Store's bank account in the case of traditional bank transfer payment; and from the moment of telephone order confirmation in the case of payment on delivery.
- It is rare for an order to take longer than 2 business days to fulfill. In such a situation, the customer will receive a proposal to fulfill the order at a new time or the option to withdraw from the contract.
- The store is closed on Saturdays, Sundays, and public holidays. In addition, it is closed every year from December 24th to January 2nd.
- The delivery of goods is limited to the territory of the Republic of Poland, the European Union, and the European Economic Area. The list of countries to which delivery is made is available in the cart.
- Goods are shipped using courier companies, primarily DPD and InPost.
- The delivery costs are indicated to the customer during the order placement.
- When receiving a shipment, a customer who is a consumer within the meaning of Article 22¹ of the Civil Code has the right to check whether the package has suffered any mechanical damage and whether it is complete. If any damage or incompleteness is found, the customer should prepare an appropriate protocol in the presence of the courier company's employee. The protocol should be prepared in two identical copies signed by the customer and the courier company employee.
- When receiving a shipment, a customer who is not a consumer within the meaning of Article 22¹ of the Civil Code is obliged to check whether the package has suffered any mechanical damage and whether it is complete. In the event of any damage or incompleteness, it is mandatory to prepare an appropriate protocol that meets the conditions described above.
- All prices of goods are expressed in Polish zlotys and include VAT. In the case of language versions other than Polish, the website automatically shows the estimated price in foreign currencies.
- Information on the price of the goods is binding from the moment the Customer receives an e-mail confirming the order.
- The customer can pay for the purchased goods in the following way: in cash upon delivery of the goods - payable to an employee of the courier company; by bank transfer to the bank account provided on the ONSEN® website; using the PayU electronic system.
§6 RIGHT OF WITHDRAWAL BY THE CUSTOMER
- The customer who is a consumer within the meaning of art. 22¹ of the Civil Code, has the right to withdraw from the contract concluded with ONSEN® within 14 days without giving any reason.
- The deadline to withdraw from the contract expires after 14 days from the day on which the Customer came into possession of the item or on which a third party other than the carrier and indicated by the Customer came into possession of the item.
- To exercise the right to withdraw from the contract, you must inform the Store about your decision by means of a declaration of intent. This may be done primarily by a letter sent by e-mail or traditional letter.
- In order to facilitate the return, the Customer is provided with a withdrawal form. However, the customer is not obliged to use it. In order to meet the deadline for withdrawal from the contract, it is enough for the Customer to send information regarding the exercise of the right to withdraw from the contract before the deadline for withdrawing from the contract.
- In the event of withdrawal from the concluded contract, the Customer is refunded the amount he paid for the goods. This will take place within 14 days from the date on which the Store received the returned goods. The cost of transport is not refundable, subject to art. 34 sec. 3 of the Consumer Rights Act.
- The refund is made using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution. In any case, the Customer does not incur any fees in connection with this return.
- The store may withhold the return of payment until receipt of the goods or until proof of its return is provided, depending on which event occurs first.
- The cost of packaging and sending the goods to the Store's address is borne by the Customer, subject to art. 34 sec. 3 of the Consumer Rights Act.
- The customer is responsible for the reduction in the value of the returned goods, if it is the result of using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
- According to Art. 38 sec. 1 point 5 of the Act on Consumer Rights, the Customer is not entitled to withdraw from the contract in the case of contracts the subject of which are, inter alia, goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery. The products we deliver, unless otherwise expressly stated in the offer description, are not subject to this provision. Both mattresses and orthopedic pillows must be tested in natural conditions, which excludes the possibility of testing them in the packaging. Thus, we respect the judgment of the Court of Justice of the European Union in case C-681/17.
- According to Art. 8 sec. 1 point 3 of the Act on Consumer Rights, the right to withdraw from the contract is not entitled to the Customer in the case of purchase of non-prefabricated goods, manufactured according to the consumer's specifications or to meet his individual needs. In our offer, this applies to mattresses of non-standard sizes, i.e. mattresses not included in the generally available offer. Each time, the terms of purchase of such a mattress are directly agreed between the Parties.
- Along with the return of the goods, the customer also returns the proof of purchase to the store.
§7 COMPLAINTS REGARDING GOODS
- The Store as a seller is liable to Customers for physical or legal defects of the Goods sold under the warranty for defects, on the terms set out primarily in the Civil Code.
- Complaints should be submitted in writing (to the address of the Store or e-mail address of the Store).
- The complaint should contain the details of the Customer submitting the complaint, contact details, date of purchase of the goods, date of finding the defect and its description, as well as an indication of the Customer's request.
- The Store undertakes to consider each complaint containing the Customer's request within 14 days of its submission.
- The store does not accept COD shipments.
§8 QUALITY GUARANTEE
- The shop, as a seller of goods, provides its own warranty on them on general terms, resulting from the provisions of the Civil Code. The warranty conditions are available on the store's website.
§9 CHANGES, DESIGN IMPROVEMENTS
- The store reserves the right to make improvements or design changes without prior notice. The changes are introduced due to the changing medical knowledge and to improve the comfort of using the products.
§10 COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS
- The store takes steps to ensure the correct operation of the website and undertakes to remove any justified irregularities reported by customers.
- The Customer is obliged to immediately notify the Store in the form of any irregularities or interruptions in the functioning of the Store's website.
- The store undertakes to consider each complaint within 14 days of its submission.
§11 PROTECTION OF PERSONAL DATA
§12 FINAL PROVISIONS
- Settlement of disputes between the entity running the Store and the Consumer takes place within the meaning of art. 221 of the Civil Code. The competent court for settling them is the local court according to the provisions of the Code of Civil Procedure.
- In the event of a dispute between the Store and the Customer who is a consumer within the meaning of art. 22¹ of the Civil Code, the Customer may also use out-of-court, amicable methods of dealing with complaints and pursuing claims.
- The court competent to settle disputes between the entity running the Store and the Customer who is not a consumer within the meaning of art. 221 of the Civil Code, is the court competent for the entity running the Store.
- In matters not covered by these Regulations, the provisions of the Civil Code, the Act on the provision of electronic services, the Act on consumer rights and other relevant provisions of Polish law shall apply.