SHOP TERMS AND CONDITIONS ONSEN®

Mail-order sales are conducted via the website available at https://www.onsen.eu/.
 

1. Basic Information

1.1 Scope of the Terms and Conditions
These Terms and Conditions define the rules and conditions for placing orders in the Store and concluding sales contracts via the Store’s website.

1.2 Minimum Requirements
The minimum technical requirements necessary to use the Store are: an internet browser such as Chrome, Firefox, Safari, or another with cookies and JavaScript enabled; screen resolution of 1024 x 768 pixels.

1.3 Unlawful Content
Customers are prohibited from submitting unlawful content and from using the Store in a way that disrupts its functioning or is burdensome to other customers.

1.4 Product Offer
All products presented in the Store are brand new, free from physical and legal defects, and introduced to the market in accordance with legal regulations.

1.5 Rights to Names and Marks
All names, trade names, trademarks, and industrial designs presented on the Store’s website are the registered property of their respective owners and are used for identification purposes only.

1.6 Invitation to Contract
The product information presented in the Store constitutes an invitation to make an offer within the meaning of Article 71 of the Polish Civil Code.

1.7 Proof of Purchase
A receipt or VAT invoice is issued for every purchase.
 

2. Placing Orders

2.1 Order Process
To conclude a sales agreement via the ONSEN® website, the customer must select the desired products by following the on-screen instructions and information provided on the site and fill in the order form. The selection of goods is made by adding them to the Cart. During the ordering process, the customer chooses the delivery and payment method and enters all necessary data to complete the order, particularly name, surname, billing address, and delivery address. To finalize the order, the customer must accept the Store’s Terms and Conditions applicable at the time of purchase. The ordering procedure concludes once the purchase confirmation button is clicked. Until then, the customer can modify the entered data and change the selected products. After clicking the button, depending on the payment method, the customer receives an order confirmation or is redirected to the payment system. Submitting the order constitutes a declaration of intent to conclude a sales contract with Onsen Sp. z o.o. After placing the order, the customer receives an email confirmation. The sales contract is concluded upon sending this confirmation. Key contract terms are preserved, secured, made available, and confirmed to the customer by sending the order confirmation to the provided email address.
 

3. Order Fulfillment

3.1 Fulfillment Time
Most orders are fulfilled within 2 business days unless a different time is stated in the product description. This period begins: upon successful payment via PayU; upon receiving the payment in the Store’s bank account for traditional transfers; or after phone confirmation for cash on delivery payments.

3.2 Working Schedule
The staff does not work on Saturdays, Sundays, and public holidays, as well as when Friday falls between a public holiday Thursday and a Saturday. Orders are also not fulfilled from December 24th to January 2nd each year.

3.3 Delays
Delays longer than 2 business days are rare. In such cases, the customer will be offered a new delivery timeframe or the option to cancel the order.

3.4 Referral Program
Every customer who completes a purchase automatically participates in the “Sleep, Refer, Earn” referral program. The program assigns the customer a unique referral code or link, which they can share with others. If a referred person completes a purchase, the original customer may receive a discount, gift, or other reward according to the current program rules. Detailed terms and benefits are available on the Store’s website. Participation does not require separate consent, but the customer may object to data processing for this purpose at any time.
 

4. Order Delivery

4.1 Territorial Scope
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 eligible for delivery is always displayed in the shopping cart.

4.2 Delivery Methods
Goods are shipped via courier services using a door-to-door system, to pickup points, or to parcel lockers.

4.3 Delivery Costs
The delivery cost is displayed in the shopping cart during the ordering process, after selecting specific products and the shipping method.

4.4 Liability for Damages – Consumers
When receiving a package, a customer who qualifies as a consumer under Article 22¹ of the Civil Code has the right to check whether the packaging has been mechanically damaged or if the shipment is complete. In case of damage or incompleteness, a protocol should be drawn up in the presence of the courier. The report must be prepared in two identical copies signed by the customer and the courier.

4.5 Liability for Damages – Non-Consumers
When receiving a package, a customer who does not qualify as a consumer under Article 22¹ of the Civil Code is obligated to check for mechanical damage to the packaging and completeness. If any issues are found, a protocol must be prepared as described above. The damage report prepared at the time of delivery serves as the basis for any complaint procedure.
 

5. Order Payment

5.1 Available Currencies
All product prices are expressed in Polish zloty (PLN) and include VAT. For language versions other than Polish, the system automatically displays an estimated price converted from PLN into another currency. The price becomes binding at the moment the customer receives the order confirmation email.

5.2 Payment Methods
The customer can pay for the purchased products in the following ways: in cash upon delivery; by bank transfer to the account provided on the ONSEN® website; or via an electronic payment system.
 

6. Withdrawal from the Contract

6.1 Legal Withdrawal Period
A customer who is a consumer under Article 22¹ of the Civil Code has the right to withdraw from the contract with ONSEN® within 14 days without giving a reason. This period expires 14 days from the day the customer (or a third party other than the carrier, indicated by the customer) takes possession of the goods. The deadline is considered met if the customer declares withdrawal before it expires, in accordance with Article 30(2) of the Consumer Rights Act. The seller must promptly confirm receipt of the withdrawal notice on a durable medium, as per Article 30(4). If the withdrawal is effective, the contract is considered not concluded.

6.2 Return Procedure Within Legal Deadline
The customer must return the goods to the seller or deliver them to a person authorized by the seller no later than 14 days after withdrawing from the contract. The deadline is met if the goods are sent before it expires. The customer bears the cost of packaging and returning the goods to the Store, except as stated in Article 34(3) of the Consumer Rights Act. Proof of purchase may include any document – receipt, invoice, transfer confirmation, order confirmation printout, or even witness testimony – enabling the Store to locate the order.

6.4 Refund After Legal Withdrawal
In the event of contract withdrawal, all payments including delivery costs are refunded to the customer in accordance with Article 32(1) of the Consumer Rights Act. If the customer chose a more expensive delivery option than the cheapest one offered, the seller is not obligated to refund the extra cost (Article 33). The refund is issued using the same payment method unless the customer agrees to a cost-free alternative. The refund is processed promptly, no later than 14 days after the withdrawal notice is received. The Store may withhold the refund until it receives the goods or proof of return, whichever comes first.

6.5 Reduction in Value of Returned Goods
Under Article 38(1)(5) of the Consumer Rights Act, the right to withdraw does not apply to sealed goods that, for health or hygiene reasons, cannot be returned once opened. However, unless explicitly stated otherwise in the product description, our products do not fall under this rule. Mattresses and orthopedic pillows must be tested in natural conditions, which requires removing them from packaging. We comply with the judgment of the Court of Justice of the European Union in case C-681/17, allowing easy returns of such items. The customer is only liable for reduced product value resulting from use beyond what is necessary to assess its nature, characteristics, and functionality.

6.6 Returns of Custom-Made Products
Under Article 8(1)(3) of the Consumer Rights Act, the right to withdraw does not apply to custom-made goods manufactured according to the customer’s specifications or for their individualized needs. In our offer, this refers to mattresses with non-standard sizes not found in the general assortment. The terms of such purchases are individually arranged between the Store and the customer.

6.7 Declaration of Intent
A withdrawal form is provided to assist the customer, but its use is not mandatory. The deadline is considered met if the customer sends a withdrawal notice before the deadline expires.

6.8 Extended Return Period
In addition to the statutory 14-day right of withdrawal, the Store offers a voluntary extended return period of up to 100 days from the delivery date for selected products. The full terms of this promotion are available on the Store’s website.

7. Complaints and Claims

7.1 Liability for Physical and Legal Defects
As the seller, the Store is liable to customers for physical or legal defects of the sold goods under the statutory warranty for defects, in accordance with the principles set out primarily in the Civil Code. Complaints must be submitted in writing. A complaint should include the customer’s details, contact information, date of purchase, date and description of the defect, and a statement of the customer’s demand. The Store commits to addressing each complaint that includes a demand within 14 days of submission. The Store does not accept shipments sent cash on delivery.
 

8. Quality Guarantee

8.1 Warranty Responsibility
As the seller of goods, the Store provides its own warranty for its products. The terms of the warranty are available on the Store’s website.
 

9. Amendments

9.1 Improvements and Structural Changes
The Store reserves the right to introduce improvements or design changes without prior notice. These changes are made in response to evolving knowledge and to enhance the comfort of product use.
 

10. Complaints Regarding Electronic Services

10.1 Website Functionality
The Store takes action to ensure the proper functioning of the website and undertakes to resolve any justified issues reported by customers.

10.1 Obligation to Report Issues
Customers should promptly inform the Store in writing of any malfunctions or interruptions in the operation of the Store’s website.

10.2 Complaint Processing Time
The Store undertakes to review each complaint within 14 days of its submission.
 

11. Personal Data Protection

11.1 Applicable Policies
Detailed rules for the protection of personal data are outlined in the Store’s privacy and transparency policies, which are available on the website – links are provided in the footer.
 

12. Final Provisions

12.1 Jurisdiction
Disputes between the Store operator and a customer who qualifies as a consumer under Article 221 of the Civil Code shall be resolved by the court having jurisdiction according to the provisions of the Code of Civil Procedure. In disputes involving customers who are not considered consumers under Article 221, the competent court shall be the one having jurisdiction over the Store operator’s registered office.

12.2 Alternative Dispute Resolution
In the event of a dispute between the Store and a customer qualifying as a consumer under Article 22¹ of the Civil Code, the customer may also use out-of-court and amicable methods of handling complaints and pursuing claims.

12.3 Unregulated Matters
For matters not covered by these Terms and Conditions, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, and other applicable provisions of Polish law shall apply.

12.4 Consumers Outside the Republic of Poland
A customer who resides in a country other than the Republic of Poland is also subject to the rights and obligations outlined above. However, if the laws applicable in the consumer’s country of residence offer more favorable terms than the above provisions, the consumer may rely on the protection provided by those local laws. Customers from the European Union also have the right to use the European Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr, which enables out-of-court dispute resolution in their country of residence.