SHOP TERMS AND CONDITIONS ONSEN®

Last updated: 15.06.2026

The online store is operated by Onsen Sp. z o.o. with its registered office in Toruń at Marii Skłodowskiej-Curie 71G, 87-100 Toruń, Republic of Poland, entered in the National Court Register under KRS number 0000588698, holding REGON number 363084435 and NIP number 9562314576, hereinafter referred to as the Store or ONSEN®.

Sales are conducted through the website available at the URL https://www.onsen.eu/, and also, if the Store so decides, through external sales platforms, marketplaces, e-mail, telephone or other means of distance communication.

These Terms and Conditions are intended for Customers from Poland, other Member States of the European Union, countries of the European Economic Area, Switzerland, the United Kingdom, Turkey, Ukraine, the United States of America and other countries to which the Store occasionally enables delivery. If the laws of the Consumer’s country of habitual residence grant the Consumer broader protection than these Terms and Conditions, the Store applies the protection more favourable to the Consumer to the extent resulting from mandatory provisions of law.

1. Basic information

1.1 Scope of the Terms and Conditions

These Terms and Conditions define the terms and rules for using the Store, placing orders, concluding sales contracts, carrying out deliveries, payments, withdrawal from the contract, voluntary returns, complaints, guarantees, the Store’s liability, and domestic and cross-border sales.

1.2 Nature of the Terms and Conditions

These Terms and Conditions constitute a contractual template to the extent permitted by applicable law. The provisions of the Terms and Conditions do not limit the Consumer’s rights arising from mandatory provisions of law, in particular provisions protecting the Consumer in the country of their habitual residence.

1.3 Technical requirements

To use the Store, the following are necessary: a device with internet access, an up-to-date web browser supporting JavaScript and cookies, an active e-mail address and a screen resolution enabling the website to be displayed correctly. The minimum recommended browsers are Chrome, Firefox, Safari, Edge or another current browser compliant with internet standards.

1.4 Prohibition on providing unlawful content

The Customer is prohibited from providing unlawful content, misleading content, content infringing the rights of third parties, containing malware or disrupting the operation of the Store. The Customer should use the Store in a lawful manner, in accordance with good practice and the intended purpose of the Store.

1.5 Product offer

Products presented in the Store are products offered by the Store as part of its business activity. Product information, including names, parameters, photos, descriptions, prices and availability, is presented on product pages and in the cart. The Store exercises due diligence to ensure that product descriptions are reliable, up to date and enable the Customer to make an informed purchasing decision.

1.6 Rights to names, marks and content

Names, trademarks, trade names, photographs, graphics, descriptions, page layouts, industrial designs and other content available in the Store are protected by law. Their use without the consent of the authorised party is prohibited, unless applicable law provides otherwise.

1.7 Invitation to conclude a contract

Information about goods presented in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code, unless the content of a given piece of information clearly indicates otherwise. Placing an order by the Customer constitutes an offer to conclude a sales contract.

1.8 Proof of purchase

For each purchase, a fiscal receipt, invoice or other sales document required by applicable law is issued. The lack of a receipt does not exclude the Consumer’s rights if the Consumer can prove the purchase in another way, in particular by order confirmation, payment confirmation, invoice, correspondence with the Store, data from the Customer account or data from a marketplace system.

2. Definitions

2.1 Store means Onsen Sp. z o.o. with its registered office in Toruń, operating the ONSEN® online store.

2.2 Website means the Store’s website available at https://www.onsen.eu/ and its language, mobile and functional versions.

2.3 Terms and Conditions means these Terms and Conditions of the Store.

2.4 Customer means a natural person, legal person or organisational unit placing an order or using the Store.

2.5 Consumer means a natural person concluding a contract with the Store for a purpose not directly related to their business, trade, craft, professional or occupational activity. If the law of the Customer’s country of habitual residence defines a Consumer more broadly, the definition more favourable to the Customer applies to the mandatory extent.

2.6 Entrepreneur with consumer rights means a natural person concluding a contract directly related to their business activity, if the content of the contract shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity. This applies to cases provided for by Polish law or other applicable provisions granting similar protection.

2.7 EU Consumer means a Consumer whose habitual residence is in a Member State of the European Union.

2.8 EEA Consumer means a Consumer whose habitual residence is in a country of the European Economic Area that is not a Member State of the European Union, in particular Norway, Iceland or Liechtenstein.

2.9 Consumer outside the EU/EEA means a Consumer whose habitual residence is outside the European Union and the European Economic Area, in particular in Switzerland, the United Kingdom, Turkey, Ukraine, the United States of America or another country to which the Store enables delivery.

2.10 Goods means a movable item sold by the Store, in particular a mattress, pillow, pillowcase, bedding, protector, furniture, accessory or other product available in the Store’s offer.

2.11 Standard Goods means Goods available in the Store’s generally available offer in a standard size, variant, configuration or specification.

2.12 Non-prefabricated Goods means Goods produced according to the Consumer’s individual specification or intended to meet their personalised needs, in particular a mattress, pillow, furniture item or other product made in a size, shape, configuration, material or parameters not available in the Store’s standard offer.

2.13 Cart means a Store functionality enabling the selection of Goods, quantity, variants, delivery and payment, and proceeding to place an order.

2.14 Order means the Customer’s statement intended to conclude a sales contract for Goods with the Store.

2.15 Sales Contract means a contract concluded between the Store and the Customer, the subject of which is the sale of Goods.

2.16 Distance Contract means a contract concluded without the simultaneous physical presence of the parties, in particular through a website, telephone, e-mail, form, messenger or marketplace.

2.17 Withdrawal from the contract means a unilateral statement by the Consumer leading to the termination of a distance contract without giving any reason, if such a right results from legal provisions or these Terms and Conditions.

2.18 Online withdrawal function means a function available on the Store’s website enabling the Consumer to submit a statement of withdrawal from the contract online, in particular through the “Withdraw from the contract” link available in the footer of the website.

2.19 Statutory return means the return of Goods in connection with the effective exercise of the statutory right of withdrawal from the contract.

2.20 Voluntary return means the return of Goods based on the Store’s additional return policy, in particular the ONSEN® 100-day policy.

2.21 Non-conformity of the Goods with the contract means a situation in which the Goods do not conform to the contract, description, sample, model, ordinary purpose, specific purpose accepted by the Store, features presented to the Customer, reasonable expectations of the Consumer or requirements resulting from applicable law.

2.22 Defect means an irregularity in the Goods qualified under applicable law as a physical defect, legal defect, lack of conformity with the contract, lack of satisfactory quality, lack of fitness for purpose, lack of conformity with the description, hidden defect or another basis of the seller’s liability.

2.23 Statutory warranty means the Store’s mandatory liability towards the Consumer for non-conformity of the Goods with the contract, defectiveness of the Goods or other breach of requirements resulting from applicable law. The statutory warranty exists independently of the manufacturer’s guarantee, commercial guarantee or voluntary policy of the Store.

2.24 Commercial guarantee means a voluntary obligation of the Store, manufacturer or other guarantor, going beyond or supplementing the statutory warranty. A commercial guarantee does not limit the Consumer’s rights arising from the statutory warranty.

2.25 Complaint means the Customer’s notification of objections concerning Goods, service, delivery, payment, operation of the Store or the manner of performing the contract.

2.26 Durable medium means an instrument enabling information addressed to the Customer to be stored in a way that allows access to it in the future for a period appropriate to the purposes for which the information is intended, and allows the information to be reproduced unchanged. A durable medium may include, in particular, an e-mail, PDF file, electronic message that can be saved, or a paper document.

2.27 Marketplace means an external sales platform through which the Store may offer or sell Goods, in particular Allegro, Amazon, eBay or another equivalent platform.

2.28 Ordinary delivery cost means the cost of the cheapest ordinary delivery method offered by the Store for a given order.

2.29 Additional delivery cost means a cost selected by the Customer in excess of the ordinary delivery cost, in particular the cost of express, special, non-standard or another more expensive delivery method.

2.30 Country of the Consumer’s habitual residence means the country in which the Consumer usually resides at the time of conclusion of the contract, in accordance with applicable provisions of private international law.

3. Territorial scope, languages and international sales

3.1 European Union countries

These Terms and Conditions cover sales to the following European Union countries if delivery to a given country is available in the cart or has been individually confirmed by the Store: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary and Italy.

3.2 EEA countries

These Terms and Conditions also cover sales to countries of the European Economic Area that are not members of the European Union, in particular Norway, Iceland and Liechtenstein, if delivery to a given country is available in the cart or has been individually confirmed by the Store.

3.3 Countries outside the EU and EEA

The Store may sell to countries outside the European Union and the European Economic Area, in particular to Switzerland, the United Kingdom, Turkey, Ukraine, the United States of America and other countries of the world, if delivery to a given country is available in the cart or has been individually confirmed by the Store.

3.4 Occasional sales to other countries of the world

If the Store occasionally accepts an order with delivery to a country not listed in the Terms and Conditions, the sale is made on terms individually confirmed to the Customer before placing the order or before accepting the order for processing. In such a case, the Customer receives information about the price, delivery costs, expected delivery date, any logistical restrictions, return rules and the Store’s liability.

3.5 Law more favourable to the Consumer

If the Consumer has their habitual residence in a country other than the Republic of Poland, the choice of Polish law and the provisions of the Terms and Conditions do not deprive them of protection resulting from provisions that cannot be excluded by contract under the law of the country of their habitual residence, if those provisions apply to the given contract.

3.6 Language of the contract

The contract may be concluded in Polish or in another language made available by the Store in a given language version. If a given language version of the Store is made available, the information provided to the Customer in that language version should enable them to understand their basic rights and obligations. In the event of discrepancies between language versions of the Terms and Conditions, the version more favourable to the Consumer prevails if the discrepancy concerns their consumer rights.

3.7 Customs duties, taxes and import charges

For deliveries outside the European Union or outside the customs territory of the European Union, the price displayed in the Store may not include customs duties, import taxes, customs charges, carrier administrative fees, local sales taxes or other public-law charges applicable in the country of delivery, unless the Store expressly indicates otherwise. The Customer is the importer of the Goods in the country of delivery, unless the Store clearly indicates that delivery is made under a formula covering the settlement of import charges by the Store.

3.8 Export and sanctions restrictions

The Store may refuse to fulfil an order or cancel an order if delivery to a given country, region, person or entity would violate sanctions, customs, export, product safety or other mandatory legal provisions.

4. Placing orders and conclusion of the contract

4.1 Order placement process

In order to conclude a contract through the Store, the Customer selects Goods, variant, size, quantity and other available parameters, adds the Goods to the Cart, selects the delivery and payment method, provides the data necessary to process the order and accepts the Terms and Conditions to the extent required by the sales system.

4.2 Customer data

The Customer should provide true, current and complete data, in particular first and last name or company name, e-mail address, telephone number, delivery address, data for the sales document and other data necessary to perform the contract. The Store is not liable for the consequences of the Customer providing incorrect or incomplete data, unless the Store’s liability cannot be excluded under applicable law.

4.3 Possibility to correct data

Until the order is placed, the Customer can check and correct data, change the contents of the Cart, the delivery method and the payment method. Before placing the order, the Customer receives an order summary including at least the Goods, price, taxes, delivery costs, total amount payable and basic information about payment and delivery.

4.4 Placing an order

An order is placed by using a button marked in a manner clearly indicating an obligation to pay, in particular “Buy and pay”, “Order and pay” or an equivalent wording in the given language version of the Store. Using the button constitutes an offer to conclude a sales contract with the Store.

4.5 Order confirmation

After placing the order, the Customer receives at the provided e-mail address confirmation of acceptance of the order or information about further steps, in particular payment. The sales contract is concluded when the Store sends the Customer confirmation of acceptance of the order for processing, unless the purchase process or marketplace provides for another moment of conclusion of the contract that is more favourable to the Consumer.

4.6 Recording the contract

The recording, securing, making available and confirmation of the essential provisions of the contract takes place by sending the Customer an e-mail with order confirmation, and also by making the Terms and Conditions available on the Store’s website in a manner enabling them to be downloaded, saved and reproduced.

4.7 Orders via marketplace

If the Goods were purchased through a marketplace, the technical rules of that marketplace may also apply to the process of placing the order, payment, confirmation and service. The rules of the marketplace do not limit the Consumer’s rights arising from mandatory legal provisions or the Store’s liability as the seller if the Store is a party to the sales contract.

5. Order processing

5.1 Processing time

Most orders are processed within 2 business days, unless a different period is indicated in the product description, cart, order confirmation or individual arrangements. The processing period is calculated from the correct completion of payment in the case of electronic payments, from crediting the payment to the Store’s account in the case of a traditional bank transfer, or from confirmation of the order in the case of cash on delivery, if such a form is available.

5.2 Days without order processing

Orders are not processed on Saturdays, Sundays, public holidays in Poland, and on days on which the Store has expressly announced an organisational break. The Store may also not process orders during the period from 24 December to 2 January each year, provided that such information has been posted on the Store’s website or in the cart.

5.3 Delays

If order processing is delayed, the Store informs the Customer about the reason for the delay, the new expected processing date and their rights. The Consumer may set the Store an additional reasonable delivery period, and if delivery does not take place within that period, may withdraw from the contract to the extent provided for by applicable law.

5.4 Lack of availability of Goods

If the Goods are unavailable or cannot be delivered, the Store informs the Customer and proposes a solution, in particular a new date, alternative Goods or cancellation of the order and refund of the payment. The Consumer is not obliged to accept alternative Goods.

5.5 Referral programme

A Customer who has made a purchase in the Store may participate in the “Sleep, recommend, benefit” referral programme, provided that the programme is active. The programme consists in providing the Customer with an individual code or referral link that the Customer may voluntarily pass on to other persons. Participation in the programme does not impose an obligation on the Customer to recommend the Store and does not affect their consumer rights. Detailed rules of the programme are available on the Store’s website or in the programme rules.

6. Delivery

6.1 Delivery scope

Delivery of Goods is made to countries available in the cart or individually confirmed by the Store. The list of available countries, delivery methods and delivery costs is visible in the cart after entering the delivery address or selecting the country of delivery.

6.2 Delivery methods

Goods are shipped in particular through courier companies, logistics operators, groupage transport, door-to-door delivery, pickup points or parcel lockers, if a given method is available for the particular Goods, size and country of delivery.

6.3 Delivery cost

The delivery cost is visible in the cart before placing the order. If the delivery cost for an unusual order, dimension or country requires an individual quotation, the Store informs the Customer before accepting the order for processing or before the obligation to pay arises.

6.4 Risk of loss or damage to the Goods

In the case of sales to a Consumer, the risk of accidental loss of or damage to the Goods passes to the Consumer when the Consumer or a third party indicated by the Consumer, other than the carrier, takes physical possession of the Goods. If the Consumer independently chooses a carrier not offered by the Store, the risk may pass to the Consumer when the Goods are handed over to that carrier, provided that applicable law so provides.

6.5 Damage to the shipment

The Customer should, where possible, check the condition of the shipment upon receipt. In the event of visible damage to the packaging, missing parts of the shipment or suspected damage to the Goods, it is recommended to draw up a damage report with the carrier, take photographs and contact the Store without delay. The lack of a damage report does not exclude the Consumer’s rights under legal provisions, but may make it more difficult to pursue claims against the carrier.

6.6 Customers who are not Consumers

A Customer who is not a Consumer should check the shipment within the time and in the manner customary for shipments of that type. If damage or shortage is found, they should draw up a damage report and immediately inform the Store. In relations with Customers who are not Consumers, the Store’s liability may be limited to the extent permitted by applicable law.

7. Prices and payments

7.1 Prices

Prices of Goods visible in the Store are gross prices, unless a given Store version, delivery country, currency or purchasing process indicates otherwise. The price binding on the Customer is visible in the order summary before placing the order.

7.2 Currencies

The Store’s base currency is the Polish zloty (PLN). In the case of language or currency versions other than the Polish zloty (PLN), the Store may present prices in another currency or estimated currency conversions. The final price, payment currency and total amount payable are visible before placing the order.

7.3 Taxes and public charges

In the case of delivery within the European Union, the price includes VAT in accordance with applicable settlement rules. In the case of delivery outside the European Union, customs duties, import taxes, local sales taxes or other charges may arise in the country of delivery, unless the Store expressly indicates that they are included in the price or settled by the Store.

7.4 Payment methods

The Customer may pay for the Goods in a manner available in the Store for the given order, in particular by bank transfer, electronic payment, payment card, payment through a payment operator, payment through a marketplace or cash on delivery, if such a form is available.

7.5 Payment security

Electronic payments are handled by external payment operators. The Store does not store full payment card data of the Customer, unless the relevant payment service operates differently in accordance with law and the operator’s security standards.

8. Withdrawal from the contract and statutory returns

8.1 Right of withdrawal in the EU and EEA

A Consumer from the European Union or the European Economic Area who has concluded a distance contract with the Store has the right to withdraw from the contract without giving any reason within 14 days, unless applicable law grants them a longer period or broader protection.

8.2 Start of the period

In the case of a sales contract for Goods, the 14-day period begins on the day on which the Consumer took possession of the Goods or on which a third party indicated by the Consumer, other than the carrier, took possession of the Goods. If the order includes multiple Goods delivered separately, in batches or in parts, the period begins on the day of taking possession of the last Good, last batch or last part.

8.3 Meeting the deadline

To meet the deadline for withdrawal from the contract, it is sufficient to send the statement of withdrawal before the deadline expires. The Consumer is not obliged to give a reason for withdrawal.

8.4 Forms of submitting the statement

The Consumer may withdraw from the contract by any unequivocal statement addressed to the Store, in particular through the online withdrawal function, return form, e-mail message, letter, contact form, Customer account or notification in the marketplace system.

8.5 Online “Withdraw from the contract” function

The Store provides the Consumer with an online withdrawal function. The function is available on the Store’s website under the “Withdraw from the contract” link placed in the website footer or under another equivalent, clearly marked link or button.

8.6 Identification of the order in the online function

The online function enables the order to be found by providing data allowing its identification, in particular an e-mail address or telephone number and order number. After the order is found, the Consumer may indicate the Good, Goods or the entire contract to which the withdrawal applies.

8.7 Second confirmation step

Submitting a statement of withdrawal from the contract using the online function requires a second confirmation step. The final button or equivalent function should be clearly marked, for example: “Confirm withdrawal from the contract”, “I submit a statement of withdrawal from the contract” or equivalent wording in the language of the given Store version. The “Search order” button is used only to find the order and should not be the final button submitting the statement if the Consumer has not previously received unequivocal information about the effect of using it.

8.8 Confirmation of receipt of the statement

After a statement of withdrawal from the contract is submitted through the online function, the Store immediately sends the Consumer confirmation of receipt of the statement on a durable medium, in particular to the e-mail address provided by the Consumer. The confirmation includes at least data identifying the order, the date and time of receipt of the statement, indication of the Good or Goods covered by the withdrawal and information about the further return procedure.

8.9 No obligation to use the form

The Store provides a model withdrawal form, but the Consumer is not obliged to use that model. It is sufficient that the Consumer’s statement clearly indicates the will to withdraw from the contract.

8.10 Return of Goods after withdrawal

A Consumer who has withdrawn from the contract should return the Goods to the Store or hand them over to a person authorised by the Store without delay, no later than within 14 days from the day on which they withdrew from the contract, unless the Store has offered to collect the Goods or applicable law provides for a solution more favourable to the Consumer. To meet the deadline, it is sufficient to send back the Goods before the deadline expires.

8.11 Cost of returning Goods

The Consumer bears the direct cost of returning the Goods, unless the Store has expressly agreed to bear that cost, the given offer provides for free return, the marketplace grants free return or applicable law provides otherwise. If the Store did not inform the Consumer before conclusion of the contract about the obligation to bear the cost of return, the Consumer does not bear that cost to the extent required by applicable law.

8.12 Refund of payments

In the event of effective withdrawal from the contract, the Store refunds the Consumer all payments received from them for the Goods covered by the withdrawal, including the ordinary cost of delivering the Goods to the Consumer if that cost was borne by the Consumer. The Store is not obliged to refund additional delivery costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary delivery method offered by the Store.

8.13 Refund period

The refund is made without delay, no later than within 14 days from the day on which the Store received the statement of withdrawal from the contract, unless the law applicable to the Consumer provides for a more favourable period. The Store may withhold the refund until it has received the Goods back or until the Consumer has provided proof of sending the Goods back, whichever occurs earlier, unless the Store has offered to collect the Goods itself or applicable law provides otherwise.

8.14 Refund method

The refund is made using the same payment method as the Consumer used, unless the Consumer expressly agreed to another refund method that does not involve any additional costs for them. In the case of payment through a marketplace, the refund may be made in accordance with the technical rules of that marketplace.

8.15 Reduction in value of the Goods

The Consumer is liable for any reduction in the value of the Goods only if the reduction results from using the Goods in a way that goes beyond what is necessary to establish their nature, characteristics and functioning. The Consumer may inspect the Goods to the extent that would be reasonably possible in a stationary store, taking into account the specific nature of the Goods.

8.16 Mattresses and pillows

Mattresses and pillows are Goods whose actual performance characteristics can be assessed under natural conditions of use. Mere unpacking, lying down, fitting, brief test use or checking the Goods does not automatically mean using the Goods in a way that goes beyond what is necessary to establish their nature, characteristics and functioning. However, the Consumer should use the Goods in a hygienic, careful manner appropriate to the purpose of the test, in particular using an appropriate sheet, pillowcase, protector or other protection if justified by the type of Goods.

8.17 Exclusions from the right of withdrawal

The right of withdrawal from the contract may not apply in cases provided for by applicable law. This concerns in particular Non-prefabricated Goods produced according to the Consumer’s individual specification or intended to meet their personalised needs. The Store informs the Consumer before purchase if a given Good may be covered by an exclusion from the right of withdrawal.

8.18 Hygiene products

The right of withdrawal may not apply to Goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery, provided that applicable law provides for such an exclusion. Standard Goods such as mattresses and pillows are not excluded from the right of withdrawal solely because they were unpacked for the purpose of reasonable inspection, unless applicable law or special features of the Goods provide otherwise.

8.19 Non-prefabricated Goods

The Store considers Non-prefabricated Goods to include in particular mattresses, furniture, accessories or other Goods made in non-standard sizes, configurations, materials or parameters not available in the Store’s generally available offer. In each case, the purchase terms for such Goods should be presented to the Consumer before conclusion of the contract.

8.20 Consumers outside the EU and EEA

If the law of the country of habitual residence of a Consumer outside the EU and EEA does not provide for a general statutory right to withdraw from an online contract, the Store grants such Consumer a contractual right of return within 14 days from the date of delivery of the Goods, on terms no less favourable than those described in the Terms and Conditions, unless the Goods are Non-prefabricated, excluded from return under the law, purchased on individually agreed terms, or the parties expressly agreed other terms more favourable to the Consumer.

9. Voluntary ONSEN® 100-day policy

9.1 Nature of the policy

Regardless of the statutory right of withdrawal from the contract, the Store may offer Consumers an additional, voluntary right to return selected Goods within up to 100 days from the date of delivery. The ONSEN® 100-day policy is an additional entitlement and does not limit the Consumer’s rights arising from legal provisions.

9.2 Goods covered by the policy

The 100-day policy covers only Goods indicated by the Store as covered by that policy, in particular Standard Goods for which the Store expressly communicates the possibility of testing for 100 days. If a given Good is not covered by the 100-day policy, the Consumer retains statutory rights, including the right of withdrawal from the contract, if they are entitled to it.

9.3 Relationship to statutory rights

The 100-day policy does not replace the statutory right of withdrawal from the contract, complaints, statutory warranty, liability for non-conformity of the Goods with the contract or commercial guarantee. If the Consumer may use several grounds simultaneously, the Store handles the request in a way more favourable to the Consumer, provided that the nature of the request is not in doubt.

9.4 Detailed rules

Detailed rules of the voluntary 100-day policy, in particular the Goods covered by the policy, the method of notification, the method of securing the Goods, collection rules, transport costs and refund deadlines, may be specified on the Store’s website in a document concerning returns. These rules may not limit the Consumer’s statutory rights.

10. Complaints, non-conformity of Goods with the contract and statutory warranty

10.1 Store’s liability

The Store is liable to the Consumer for the conformity of the Goods with the contract on the terms resulting from applicable legal provisions. In the case of Consumers from the European Union and the EEA, liability includes at least the minimum scope of protection resulting from European Union law and national provisions implementing those regulations.

10.2 Minimum protection period in the EU and EEA

A Consumer from the European Union or the EEA has at least 2 years of protection under the statutory warranty for non-conformity of the Goods with the contract, counted from the date of delivery of the Goods, unless the law of the Consumer’s country of habitual residence provides for a longer period, no fixed deadline when assessing the expected durability of the Goods, or other protection more favourable to the Consumer.

10.3 Consumer remedies

If the Goods are not in conformity with the contract, the Consumer may demand that the Goods be brought into conformity with the contract, in particular by repair or replacement. If repair or replacement is impossible, excessively costly, not performed within a reasonable time, causes excessive inconvenience to the Consumer or the non-conformity is material, the Consumer may demand a price reduction or withdraw from the contract to the extent provided for by applicable law.

10.4 Costs of a justified complaint

If the complaint is justified and concerns the Store’s liability under the statutory warranty, the Store bears the justified costs necessary to bring the Goods into conformity with the contract, in particular shipment, labour, materials, parts and re-delivery costs, provided that applicable law so provides.

10.5 No obligation to use the manufacturer’s guarantee

The Store may not refer the Consumer exclusively to the manufacturer, importer, distributor or commercial guarantor if the Consumer exercises rights due to them against the Store as seller under the statutory warranty or due to non-conformity of the Goods with the contract.

10.6 ONSEN® commercial guarantee

The Store may grant its own voluntary commercial guarantee, also called a quality guarantee, for selected Goods. The commercial guarantee is an additional entitlement of the Buyer and does not limit, exclude or suspend the Consumer’s rights arising from mandatory legal provisions, in particular rights concerning lack of conformity of the Goods with the contract, seller’s liability, implied warranty, statutory complaint or other legal remedies available to the Consumer against the seller.

The guarantor is Onsen Sp. z o.o. with its registered office in Toruń at Marii Skłodowskiej-Curie 71G, 87-100 Toruń, Republic of Poland, entered in the National Court Register under KRS number 0000588698, holding REGON number 363084435 and NIP number 9562314576.

The detailed terms of the ONSEN® commercial guarantee, including guarantee periods for individual Goods, scope of protection, exclusions, rules for submitting guarantee complaints, method of guarantee performance, conditions of proper use and territory of validity of the guarantee, are specified in a separate document “ONSEN® Guarantee Terms”, available on the Store’s website.

The guarantee period depends on the type of Goods and the element covered by protection. ONSEN® may grant guarantees in particular for cores of selected mattresses, cores of selected orthopedic pillows, covers, pillowcases, bedding, sheets, mattress protectors, furniture and other assortment, for the periods indicated in the document “ONSEN® Guarantee Terms”.

The guarantee document is made available to the Buyer in a way enabling it to be recorded, stored and reproduced, in particular through the Store’s website, e-mail, PDF file, paper document or another durable medium. The Buyer may request that the guarantee statement be issued on paper or another durable medium.

In the case of lack of conformity of the Goods with the contract, the Consumer is entitled by law to remedies from and at the expense of the seller. The ONSEN® commercial guarantee does not affect those remedies. The Consumer may use a statutory complaint independently of the commercial guarantee, and rejection of a guarantee claim does not deprive the Consumer of the right to pursue claims against the seller under applicable law.

10.7 Submitting a complaint

A complaint may be submitted in particular by e-mail, through a contact form, through the Customer account, through a marketplace, in writing or in another manner enabling the Store to become acquainted with its content. The complaint should contain data enabling identification of the Customer and the order, a description of the problem, the date the problem was found, photos or other evidence if available, and the Customer’s request.

10.8 Complaint handling period

The Store handles the complaint without delay, no later than within 14 days from the date of its receipt, unless applicable law provides for another period or other consequences of no response. The response to the complaint is provided on a durable medium, in particular by e-mail.

10.9 Cash-on-delivery shipments

The Store does not accept shipments returned cash on delivery, unless the Store has expressly agreed to such a form of return or applicable law does not allow acceptance of the Goods to be made dependent on such a restriction.

10.10 Goods not collected after a complaint

If, after completion of the complaint procedure, the Goods should be collected by the Customer, the Store informs the Customer about the method and date of collection. Handling of uncollected Goods takes place in accordance with applicable law.

11. Special rules on returns, withdrawal from the contract and complaints for Consumers from individual countries

11.1 Purpose of this section

This section indicates the basic rights of Consumers from individual countries and the specific solutions applied by ONSEN® in the case of statutory withdrawal from a distance contract, voluntary return of Goods under the ONSEN® 100-day policy and complaints due to non-conformity of the Goods with the contract, defect of the Goods, lack of properties, lack of durability or other mandatory liability of the seller.

This section does not replace mandatory legal provisions. Its purpose is to indicate how ONSEN® applies in practice the most important rights of Consumers from countries to which the Store sells or may sell. If the laws of the Consumer’s country of habitual residence grant them broader protection than the Terms and Conditions, ONSEN® applies the protection more favourable to the Consumer to the extent resulting from mandatory provisions.

11.2 Three separate grounds for a request

The Consumer may use three separate grounds for a request. The first is statutory withdrawal from a distance contract, i.e. resignation from the purchase without giving any reason within the period provided by law. The second is voluntary return of the Goods under the ONSEN® 100-day policy, if the conditions of that policy are met. The third is a statutory complaint, i.e. notification of non-conformity of the Goods with the contract, defect of the Goods, lack of properties, lack of durability, lack of fitness for ordinary or agreed purpose, or another basis of the seller’s liability provided for by applicable law.

Using one ground does not exclude the possibility of using another ground if its conditions are met. In particular, the voluntary ONSEN® 100-day policy does not limit the statutory right of withdrawal from the contract, the right to complain, the seller’s statutory liability for non-conformity of the Goods with the contract or rights arising from the commercial guarantee.

11.3 Principle of the most favourable solution

If the Consumer has their habitual residence in a country other than the Republic of Poland, neither the choice of Polish law nor the provisions of the Terms and Conditions deprive them of protection resulting from provisions that cannot be excluded by contract under the law of the Consumer’s country of habitual residence. If such provisions grant the Consumer broader protection than the Terms and Conditions, ONSEN® applies the protection more favourable to the Consumer to the extent resulting from mandatory provisions.

If the Consumer’s request may simultaneously be treated as withdrawal from the contract, voluntary return, statutory complaint, claim under the commercial guarantee or marketplace notification, ONSEN® qualifies the request in a way that does not exclude the Consumer’s rights and applies the solution more favourable to the Consumer if the content of the request or the circumstances of the case indicate that another ground gives the Consumer further-reaching protection.

11.4 Exceptions to the statutory right of withdrawal

The statutory right of withdrawal from a distance contract may not apply in cases provided for by applicable law. This concerns in particular Non-prefabricated Goods made according to the Consumer’s individual specification or intended to meet their personalised needs, as well as Goods delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if applicable law provides for such an exception.

Exceptions to the statutory right of withdrawal do not limit the Consumer’s right to complain about Goods that are not in conformity with the contract, defective, damaged, not of full value or lacking properties that the Goods should have in accordance with the contract, description, sample, model, ordinary purpose, specific purpose accepted by ONSEN® or applicable law.

11.5 Country table: returns, ONSEN® 100 days and statutory complaints

11.6 Common rules for handling withdrawals from the contract

Regardless of the Consumer’s country, ONSEN® accepts a statement of withdrawal from the contract through the online function, e-mail, contact form, Customer account, marketplace or another unequivocal statement allowing the will to withdraw from the contract to be determined. ONSEN® does not require the Consumer to use one specific form if the statement is understandable and can be assigned to the order.

If the Consumer effectively withdraws from the contract, ONSEN® refunds the payments received for the Goods covered by the withdrawal and the ordinary cost of delivering the Goods to the Consumer if that cost was borne by the Consumer. ONSEN® is not obliged to refund additional delivery costs resulting from the Consumer’s choice of a delivery method other than the cheapest ordinary delivery method offered by ONSEN®.

If the provisions applicable to the Consumer provide for a longer withdrawal period, more favourable consequences of failure to inform about the right of withdrawal, a special form of submitting the statement or additional information obligations, ONSEN® applies those provisions to the mandatory extent.

11.7 Common rules for handling voluntary ONSEN® 100-day returns

The voluntary ONSEN® 100-day policy is an additional entitlement granted by the Store and operates alongside statutory rights. This means that the Consumer may choose the more favourable ground: statutory withdrawal from the contract, statutory complaint, commercial guarantee, marketplace rules or the ONSEN® 100-day policy, if the conditions of that ground are met.

If the Consumer reports a return under the ONSEN® 100-day policy and the content of the request also indicates that the Goods may be non-conforming or defective, ONSEN® does not treat the request solely as a voluntary return. In such a case, ONSEN® informs the Consumer of the possibility of using statutory complaint rights and applies the solution more favourable to the Consumer if the circumstances justify it.

The ONSEN® 100-day policy may not be interpreted as a limitation of statutory rights. If the law applicable to the Consumer provides for protection further-reaching than the ONSEN® 100-day policy, the protection more favourable to the Consumer applies.

11.8 Common rules for handling statutory complaints

In the case of a complaint, ONSEN® does not require the Consumer to indicate the legal basis or classify the request as implied warranty, statutory warranty, non-conformity of the Goods with the contract, defect, warranty, garantie légale, Gewährleistung, garantía legal, garantia legal, statutory guarantee, consumer guarantee or another local term. It is sufficient for the Consumer to describe the problem, identify the Goods and indicate what they expect.

ONSEN® handles the complaint as the seller. ONSEN® does not refuse to accept a statutory complaint because the Goods are covered by a commercial guarantee, manufacturer’s guarantee, voluntary return policy or marketplace procedure. The commercial guarantee and voluntary return policy are additional rights and do not replace the seller’s statutory liability.

If the complaint is justified, ONSEN® applies the appropriate Consumer remedy, in particular repair, replacement, price reduction, refund of the price or withdrawal from the contract to the extent provided for by applicable law. If the law applicable to the Consumer provides for a different order or broader scope of remedies, ONSEN® applies the solution more favourable to the Consumer.

The Consumer does not need to have a fiscal receipt if they can prove the purchase in another way, in particular by order confirmation, payment confirmation, invoice, correspondence with the Store, data from the Customer account or data from the marketplace system.

11.9 Durable Goods, mattresses, pillows and ergonomic furniture

For durable Goods such as mattresses, pillows, protectors, ergonomic furniture and other products intended for longer use, ONSEN® assesses the complaint taking into account the type of Goods, price, description, composition, properties presented to the Consumer, expected durability, normal manner of use and care, and not solely on the basis of a rigid minimum period if the law applicable to the Consumer requires a broader assessment.

11.10 USA, Canada and federal or multi-system countries

In federal or multi-system countries, in particular in the United States of America and Canada, the Consumer’s rights may depend not only on federal law but also on the law of the state, province or territory. In such cases, ONSEN® determines, to a reasonable extent, which local provisions may apply to a given order or request.

If a federal or multi-system country does not have a uniform statutory right of withdrawal corresponding to the European 14-day right of withdrawal from a contract concluded online, this does not mean that the Consumer is deprived of protection. The Consumer retains rights arising from mandatory local law, the offer, the ONSEN® 100-day policy, the commercial guarantee and provisions on defective goods, if they apply.

11.11 Changes in law and priority of mandatory provisions

The table in this section is a practical summary and may be updated due to changes in law, case law, administrative practice or the scope of countries served by the Store. A change in the table does not limit rights that the Consumer already has under mandatory law.

12. Sales through marketplaces

12.1 Application of marketplace rules

If the Goods were purchased through a marketplace, the Customer may use the rights provided for by the Terms and Conditions, applicable law and the rules of the given marketplace. Marketplace rules may define the technical manner of submitting complaints, returns, payments, return labels and communication.

12.2 Priority of Consumer rights

Marketplace procedures do not limit the Consumer’s rights arising from mandatory legal provisions. If the marketplace rules grant the Consumer broader rights than the Terms and Conditions, the Store respects them to the extent resulting from the rules of the given platform.

12.3 Moment of submitting a request

If the Consumer submits a complaint, return notification or statement of withdrawal from the contract through a marketplace, it is deemed to have been submitted to the Store when the request is effectively registered in the marketplace system, provided that the Store has access to it.

12.4 Refunds on the day of receipt

If the marketplace requires the refund to be settled within a period shorter than the period resulting from the Terms and Conditions, the Store makes efforts to make the refund within the period required by the marketplace, in particular on the day the returned Goods are received or no later than the next business day, provided that the request is complete and there is no legally permissible basis for withholding the refund.

13. Complaints concerning electronic services

13.1 Operation of the Store

The Store takes steps to ensure the proper operation of the Website. The Customer may report irregularities, errors, interruptions in operation, problems with an order, payment, account or form.

13.2 Reporting irregularities

The report should include a description of the problem, the date and time of occurrence, the device, browser, screenshots if available, and the Customer’s contact details (at least an e-mail address or telephone number). The Store handles the report without delay, no later than within 14 days, unless applicable law provides for another period.

14. Personal data protection

14.1 Privacy Policy

Detailed rules for the processing of personal data by the Store are included in the Privacy Policy and Transparency Policy available on the Website. These documents specify in particular the data controller, purposes and legal bases of processing, data storage period, data recipients, rights of data subjects, and information about cookies and analytical tools.

14.2 Data for returns and complaints

Data provided as part of withdrawal from the contract, return, complaint or guarantee is processed for the purpose of handling the request, performing legal obligations, defending claims and pursuing claims. In the case of international sales, data may be transferred to carriers, payment operators, marketplaces, customs, accounting, legal or technical entities, to the extent necessary to perform the contract and legal obligations.

15. Changes to Goods, construction and Terms and Conditions

15.1 Improvements and design changes

The Store may introduce improvements, design, technological, material or functional changes to Goods if this does not infringe the Customer’s rights arising from an already concluded contract. Changes may result from changing knowledge, technological development, availability of materials, product safety or the purpose of improving user comfort.

15.2 Orders already placed

Changes to Goods do not affect the content of contracts already concluded, unless the change is favourable to the Customer, does not worsen the properties of the Goods and the Customer has been informed of it to the extent required by law.

15.3 Changes to the Terms and Conditions

The Store may amend the Terms and Conditions for important reasons, in particular changes in law, changes in Store functionality, payment methods, delivery methods, Store data, security rules or the need to clarify rights and obligations. Orders placed before the amendment to the Terms and Conditions are governed by the Terms and Conditions in force at the time the order was placed, unless the amendment is favourable to the Consumer and the Consumer consents to its application.

16. Governing law, courts and out-of-court dispute resolution

16.1 Governing law

Contracts concluded with the Store are governed by Polish law, subject to the Consumer’s rights arising from mandatory provisions of the law of the country of their habitual residence. The choice of Polish law does not deprive the Consumer of protection granted to them by provisions that cannot be excluded by contract.

16.2 Consumers from the EU, EEA, UK, Switzerland, Turkey, Ukraine, USA and other countries

In the case of Consumers from countries other than the Republic of Poland, the choice of Polish law does not exclude mandatory consumer rights applicable to the Consumer’s country of habitual residence if they cannot be effectively excluded in relation to the Consumer.

16.3 Jurisdiction for Consumers

In the case of disputes with Consumers, court jurisdiction is determined in accordance with mandatory legal provisions applicable to the given consumer relationship, including applicable provisions of European Union law, if they apply. The Terms and Conditions do not limit the Consumer’s right to pursue claims before a court competent under provisions that cannot be excluded by contract.

16.4 Jurisdiction for Customers who are not Consumers

In the case of disputes with Customers who are not Consumers, the competent court is the court having local jurisdiction over the registered office of the Store, unless mandatory legal provisions provide otherwise.

16.5 Out-of-court dispute resolution

The Consumer may use available out-of-court complaint handling and claim pursuit methods if provided for by applicable law. The Store may, but is not obliged to, participate in out-of-court dispute resolution, unless such an obligation results from mandatory legal provisions or marketplace rules.

16.6 ODR platform

The European Online Dispute Resolution (ODR) platform has been closed and is not an active tool for filing or examining consumer complaints. The Store does not indicate it as an active dispute resolution route.

17. Priority of more favourable rules

17.1 Principle of benefit for the Consumer

If different legal or regulatory grounds grant the Consumer different rights, the Store applies the solution more favourable to the Consumer to the extent required by applicable law.

17.2 Overlap of rights

If the Consumer may simultaneously use the right of withdrawal from the contract, the voluntary 100-day policy, complaint, statutory warranty or commercial guarantee, the choice of the ground for the request belongs to the Consumer, unless applicable law provides otherwise. The Store may help the Consumer determine the most appropriate ground for the request, but may not deprive them of statutory rights.

17.3 No limitation of statutory rights

No provision of the Terms and Conditions should be interpreted as limiting the Consumer’s rights arising from mandatory legal provisions. In the event of conflict between the Terms and Conditions and such provisions, the provisions more favourable to the Consumer apply, and the remaining provisions of the Terms and Conditions remain in force to the extent permitted by law.

18. Contact details

18.1 Contact with the Store

Contact with the Store is possible in particular through the contact details indicated on the Store’s website, the contact form, e-mail, telephone or the Store’s correspondence address.

18.2 Contact regarding withdrawal, return and complaint

A statement of withdrawal from the contract, return notification, complaint or guarantee claim may be submitted through the “Withdraw from the contract” function, forms available in the Store, e-mail, in writing or through a marketplace if the purchase was made through a marketplace.

19. Product safety

19.1 General safety principle

The Store attaches particular importance to the safety of Goods offered to Customers. Goods placed on the market, made available or sold by the Store should meet safety requirements resulting from applicable law, in particular provisions concerning general product safety, consumer protection, labelling, information for users and market surveillance.

19.2 Scope of application

The provisions of this section concern Goods offered by the Store, in particular mattresses, pillows, pillowcases, bedding, protectors, furniture, accessories and other consumer products available in the Store’s offer. If a given Good is subject to special requirements resulting from separate provisions, standards, certification or technical documentation, those special requirements also apply.

19.3 Information identifying the Goods and the responsible entity

Information enabling identification of the Goods, including their name, variant, size, basic parameters, designation of the manufacturer, importer, distributor or other responsible entity, is provided on the product page, in the description of the Goods, on the packaging, label, sales document, instructions, product card or other documentation attached to the Goods, according to the nature of the given Goods and applicable law.

In the case of ONSEN® brand Goods, the entity responsible for contact in product safety matters is Onsen Sp. z o.o. with its registered office in Toruń at Marii Skłodowskiej-Curie 71G, 87-100 Toruń, Republic of Poland, e-mail address: biuro@onsen.eu.

19.4 Instructions, warnings and usage recommendations

The Customer should read the information concerning the Goods before using them, in particular the product description, intended purpose, instructions for use, care, washing, cleaning, assembly, storage, transport, unpacking, airing and any warnings concerning safe use of the Goods.

Information concerning safe use may be provided in particular on the product page, in an e-mail, on the packaging, label, leaflet, instructions, product card or in electronic documentation made available to the Customer.

19.5 Use in accordance with intended purpose

Goods should be used in accordance with their intended purpose, description, instructions, recommendations of the Store, recommendations of the manufacturer and the ordinary rules of careful and reasonable use of products of that type. The Customer should not use the Goods contrary to their intended purpose, in clearly unsuitable conditions, after unauthorised modifications, after damage or in a way that may pose a risk to health, life, property or the environment.

In the case of mattresses, pillows, bedding, protectors and other products intended for sleep or rest, the Customer should in particular follow recommendations concerning unpacking, ventilation, care, washing, drying, use of an appropriate base, protection against moisture, protection against heat sources and use by children, if such recommendations have been provided for the given Goods.

19.6 Product safety reports

The Customer may report to the Store any objections, events or suspicions concerning the safety of the Goods, in particular a suspicion that the Goods may pose a risk to health, life, property or the environment, that an accident involving the Goods occurred, that the Goods were labelled incorrectly, that an important instruction or warning is missing, or that the Goods behave in an unusual and potentially dangerous manner.

A report concerning the safety of the Goods may be sent to the e-mail address biuro@onsen.eu or through another contact channel made available by the Store. In the report, it is useful to provide the order number, name of the Goods, size, variant, purchase date, description of the event or risk, photos of the Goods, photos of the packaging, batch markings or other data allowing the Goods to be identified and the report to be assessed.

19.7 Actions of the Store after receiving a report

After receiving a report concerning the safety of the Goods, the Store takes appropriate actions adequate to the nature of the Goods, the content of the report, the scale of risk and applicable law. Such actions may include in particular analysis of the report, contact with the Customer, request for additional information, assessment of documentation, checking the product batch, contact with the manufacturer, supplier, importer, carrier, marketplace or competent market surveillance authority.

If required or justified, the Store may take corrective actions, in particular provide additional warnings or instructions, update product information, suspend sale of the Goods, organise replacement, repair, collection, return, withdrawal of the product from the market, recall of the product from Customers or another action provided for by applicable law.

19.8 Cooperation with authorities and marketplaces

The Store cooperates with competent market surveillance authorities, consumer protection authorities, marketplace operators, manufacturers, importers, distributors, carriers and other entities if this is necessary to perform product safety obligations, handle reports, implement corrective actions, withdraw a product from the market or recall a product from Customers.

19.9 Relationship to complaints, withdrawal from the contract and guarantees

A report concerning the safety of the Goods does not limit the Customer’s rights arising from provisions on non-conformity of the Goods with the contract, complaints, statutory warranty, commercial guarantee, withdrawal from the contract, voluntary ONSEN® 100-day policy or other rights provided for by applicable law. If a report concerning the safety of the Goods may simultaneously be treated as a complaint, withdrawal from the contract, guarantee claim or another Customer request, the Store qualifies the report in a way that does not exclude the Customer’s rights and informs the Customer about the further procedure.

19.10 Updating safety information

The Store may update information concerning the safety of Goods, instructions, warnings, product descriptions, documentation and communications addressed to Customers if justified by a change in law, a change in technical knowledge, results of reports, recommendation of a market surveillance authority, information from the manufacturer, supplier, importer, marketplace or the need to ensure a higher level of protection for Customers.