TERMS AND CONDITIONS OF PURCHASE

TERMS AND CONDITIONS OF PURCHASE

 

ONLINE STORE REGULATIONS

 

1. These Regulations set out the general terms, conditions and method of sale by House of April Sp. z o.o. with registered offices in Warsaw, through the online store www.houseofapril.com (hereinafter the "Online Store") and defines the terms and conditions for the provision of free services electronically by House of April Sp. z o.o. with registered offices in Warsaw.

 

§1 Definitions

1. Business days - shall mean the days of the week from Monday to Friday, excluding public holidays.

2. Delivery - shall mean the physical activity consisting in providing the Goods specified in the order to the Customer by the Seller through the Supplier.

3. Supplier - shall mean Poczta Polska S.A. (Polish Postal Service) by which the Seller shall supply the Goods.

4. Password - shall mean a string of letters, digits, or other characters specified by the Customer during the Registration in the Online Store, used to protect the access to the Customer Account in the Online Store.

5. Customer - shall mean the entity for which services can be provided electronically or with which contract of sale may be concluded in accordance with the Regulations and laws.

6. Consumer - shall mean any natural person making legal actions not related directly to their business or professional activity.

7. Customer Account - shall mean a panel, individual for each Customer, operated on their behalf by the Seller, after the Customer Registration.

8. Login - shall mean the individual identification the Customer established, consisting of a string of letters, digits, or other characters, required along with the Password to create a Customer Account in the Online Store. Login is a valid e-mail address of the Customer.

9. Entrepreneur - shall mean a natural person, legal person or organizational unit which is not a legal entity, which has legal capacity under the law, conducting on their own behalf business or professional activity and making the legal actions directly related to their business or professional activity.

10. Regulations - shall mean these Online Store regulations.

11. Registration - shall mean the physical act made in the manner prescribed in the Regulations, required by the Client to avail of all the functionalities of the Online Store.

12. Seller - shall mean House of April Sp. z o.o. with registered offices in Warsaw (00-819), at  61/100 Złota St., NIP (Tax ID No.): 5272714331, REGON (Statistical Business No.): 147240724, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City  of Warsaw, 12th Economic Department of the National Court Register under number KRS 0000511972, with initial capital in the amount PLN 5,000; e-mail: sklep@houseofapril.com, which is also the owner of the Online Store.

13. Store Website - shall mean websites on which the Seller operates the Online Store under www.houseofapril.com domain.

14. Goods - shall mean the product described by the Seller through the Store Website.

15. Sales agreement - shall mean a contract of sale concluded electronically pursuant to the terms defined in the Regulations between the Customer and the Seller.

  

§ 2 General provisions

1. All rights to the Online Shop, including copyrights, intellectual property rights as to its name, Internet domain, Store Website, as well as patterns, forms, logos appearing on the Store Website (except for logos and images copyright to which belongs to third parties appearing on the Store Website for the purposes of presenting the goods) belong to the Seller and can only be used in the manner specified in and compliant with the Regulations.

2. Online Store is provided by the Seller via the Internet and the Store Website as a resource of data communications and information system.

3. The Seller reserves the right to place the advertising content relating to the Goods offered, as well as goods and services of third parties, on the Store Website in the forms used in the Internet.

4. Customers or third parties may not use the Online Store or Store Website for sending unsolicited commercial information.

 

§ 3 Using the Online Store

1. Using the Online Store shall mean any activity that leads to the Customer's getting acquainted it with the content of the Store Website, subject to the provisions of § 4 of the Regulations.

2. The Online Store can only be used following the principles and within the scope specified in the Regulations.

3. The Seller will endeavor to make the Online Store possible to be used for Internet users with all popular web browsers, operating systems, device types, and types of Internet connections. The minimum technical requirements for using the Website Store is a web browser Internet Explorer 8 or Chrome 16 or FireFox 10 or Opera 11 or Safari 5 or later, with Javascript support enabled, accepting "cookies" and Internet connection of at least 256 kbit/s. Store Website is optimized for a minimum screen resolution of 1024x768 pixels.

4. To place an order in the Online Store and to use the services available on the Store Websites, Customer must have an active e-mail account.

5. Customer using the Online Store is not entitled to interfere in any way with the content, structure, form, graphics, mechanism of Online Store and Store Website.

6. The Customer is prohibited from providing illegal content and use of the Online Store, Store Website or free services provided by the Seller in a manner that violates the law, morality, personal rights of third parties or the legitimate interests of the Seller.

7. The Customer is entitled to use the resources of the Online Store for their personal use only. The Customer is not allowed to use the resources and functions of the Online Store to carry out commercial activities or activities that violate the interests of the Seller.

8. The Seller represents that the public nature of the Internet and the use of services provided by electronic means may be associated with the risk of acquiring and modifying customer data by unauthorized persons, so Customers should apply appropriate technical measures to minimize such risks. In particular, they should use anti-virus software to protect identity of Internet users. The Seller never asks the Customer for Passwords in any form.

 

§ 4 Registration

1. To create a Customer Account, the Customer is required to register.

2. Registration is not required for the Customer to place orders in the Online Store.

3. In order to register, the Customer must complete the registration form provided by the Seller on the Store Website and send completed registration form electronically to the Seller by choosing appropriate function in the registration form. During the Registration the Customer set up their individual password.

4. Filling in the registration form must take place following the rules below:

a) The Customer must fill in all fields of the registration form, unless the field is marked as optional;

b) The information entered in the registration form should only apply to the Customer and to be valid, and the Customer is responsible for the accuracy of the information entered in the registration form;

c) The customer should read and confirm reading the Regulations marking the appropriate box the registration form;

d) By marking the appropriate box in the registration form the Customer should opt in to enter into a contract for the provision of Customer Account service electronically, on behalf of the Customer by the Seller, and failure to do so by the Customer prevents the Registration and setting up the Customer Account;

e) The Customer should agree to the processing of personal data contained in the registration form for the purposes of providing services on the basis of agreements concluded in accordance with the Regulations (Art. 23 subpar. 1 item 3 of the Personal Data Protection Act), and the Customer has the right to access their data and correct them.

5. Sending the completed registration form is equivalent to:

a) the adoption and acceptance to the provisions of the Regulations by the Customer;

b) the authorization of the Seller to process the Customer's personal data contained in the registration form in order to provide Customer Account services and the consent for sending the information related to Customer Account maintenance by the Seller to the email address provided by the Customer during the Registration.

6. During the Registration, the Customer may consent to the processing of personal data for marketing purposes. In this case, the Seller expressly states the purpose of collecting the Customer's personal data, as well as recipients of the data known or anticipated by the Seller. Consent to the processing of personal data for marketing purposes takes into account that:

a) the consent is voluntary and may be revoked at any time;

b) the Customer whose personal data is collected has the right to access and correct the data;

c) the provision of personal data to the Seller occurs by checking the appropriate box on the registration form.

7. Consent to the processing of personal data for marketing purposes means, in particular, that you agree to receive commercial information from the Seller or advertisers cooperating with the Seller to the e-mail address specified on the registration form.

8. Once you submit a completed registration form, you shall promptly receive registration confirmation from the Seller to the email address provided on the registration form. From this moment the contract for the electronic provision of services of operating Customer Account is concluded and the Customer obtains access to the Customer Account and may make changes to the registration data, except for the Login.

9. The Customer is obliged to make every effort to maintain the confidentiality and not to disclose Password to third parties. In the event of circumstances indicating a suspicion that the Password could be obtained by an unauthorized person, the Customer shall immediately notify the Seller using the available means of communication. In such situation the Customer should immediately change the Password using the appropriate functionality within the Customer Account.

10. The Seller creates and implements protection against unauthorized use, reproduction or distribution of the content of the Store Website. When these measures are applied by the Seller, Customers undertake to refrain from any action to remove or circumvent any such security or solutions.

 

§ 5 Orders

1. The information contained on the Store Website do not constitute Seller's offer within the meaning of the Civil Code and are only an invitation to the Customers to submit offers for concluding the Agreement for the sales of Goods.

2. The Customer may place orders in the Online Store for seven (7) days a week and 24 (twenty four) hours a day through the Store Website.

3. The Customer completes the order by selecting the Goods they are interested in by selecting "ADD TO CART" under the Goods on the Store Website. Customer, after the completion of the whole order and identifying in the "CART" the delivery and payment method, places the order by sending the order form to the Seller. Submitting the form is done by activating the appropriate box on the order form. Before each order is submitted to the Seller the total price of selected Goods and the total cost for the chosen method of delivery is stated.

4. Placing an order is a submission by the Client to the Seller an offer to conclude a contract of sale of the Goods covered by the order.

5. After placing the order, the Seller shall send to the email address provided by the Customer a confirmation of the order placed by the Customer.

6. Then the Seller shall send to the email address provided by the Customer a confirmation of the order acceptance. Confirmation of order acceptance is the Seller's statement of acceptance of offer referred to in §5 subpar. 4.

7. If, after order confirmation, its completion turns out to be impossible due to reasons other than the lack of the Goods in the Online Store, including if the purchase of Goods from the Seller's suppliers is not possible during the period prescribed for the completion of the contract, the Seller shall notify the Customer by email or by telephone of the circumstances.

8. If the completion of the order is impossible due to the reasons mentioned in §5 subpar. 7, the Seller may propose to the Customer:

a) canceling the whole order (if selected by the Customer, it releases the Seller from the obligation to complete the order);

b) canceling the order in part, if its completion is not possible within a reasonable time (if selected by the Customer, it relieves the Seller from order completion to the extent to which it is not possible);

c) splitting the order and determining the completion date for order in the part which originally could not be completed (if selected by the Customer, the delivery will be made in separate shipments, but the customer will not incur additional delivery costs related to splitting the order).

 

§ 6 Payments

1. Prices on the Store Website placed at specific Goods:

a) are gross prices (including VAT) and stated in Polish zloty;

b) do not contain information on the cost of delivery which are provided to the Customer when choosing a method of delivery;

c) do not contain information on possible duties if delivery address is outside the Polish territory.

2. The final price binding to the sales agreement parties is the price of the Goods contained on the Store Website at the time of placing the order by the Customer.

3. Information on the total contract value is determined in each case in the "CART," after the Customer chooses the type of delivery and identifies the form of payment.

4. The Customer can choose the following methods of payment for the ordered Goods:

a) bank transfer to the Seller's bank account (in this case, the order processing starts after the Seller sends order confirmation to the Customer, and the shipment takes place immediately after receipt of the funds to the Seller's bank account);

b) cash on delivery, payment to the Supplier at the time of delivery (in this case, order processing and shipment starts after the Seller sends order confirmation to the Customer,);

c) transfer via an external PayU payment system, operated by PayU S.A. with registered offices in Poznań (in this case, the order processing starts after the Seller sends order confirmation to the Customer, and upon the Seller's receipt of the information about payment by the Customer from PayU system);

5. Customer may not pay for part of the order in advance, and part upon receipt.

 

§ 7 Delivery

1. The Seller may publish the indicative information about the number of Business Days needed to complete the order on the Store Website.

2. Ordered Goods are delivered to the Customer via the Supplier, at the address indicated in the order form.

3. On the day of sending the Goods to the Customer, an information confirming that the Seller has shipped the Goods shall be sent to the Customer's email address.

4. The Customer should examine the parcel delivered in time and in a manner common to the shipments a given type in the presence of an employee of the Supplier.

5. The Customer has the right to require the employee of the Supplier to prepare appropriate report if a loss or damage to the shipment is found.

6. Seller shall attach a receipt or a VAT invoice for the delivered Goods, as requested by the Customer, covering the items in the Delivery.

7. In the absence of the Customer at the address indicated by them when placing an order as the delivery address, an employee of the Supplier shall leave an advice note. In the case of a return of the ordered Goods by the Supplier back to the Online Store, the Seller shall contact the Customer by e-mail or phone to arrange the time and cost of another Delivery.

 

§ 8 Complaints and warranties

1. The Seller shall be responsible for nonconformity of goods with the agreement if found by the Customer who is a Consumer before the expiry of two years from the date of Delivery. The Customer is obliged to notify the Seller of the nonconformity with the agreement of the Goods within 2 months from the finding of nonconformity.

2. Within 14 (fourteen) days Seller will address the complaint about the Goods filed by the Customer and notify them of the way to proceed.

3. To process the complaint about the Goods, the Customer must send or deliver the product complained about, if possible, together with the proof of purchase. Goods complained about must be delivered or sent to the address of the Seller. The Seller shall return to the Customer documented shipping costs.

4. If the complaint is decided in favor of the Customer, the Seller shall repair or replace the product complained about with a one of full value. If a replacement or repair would cause significant inconvenience to the Customer, the Seller, as requested by the Customer, shall reduce the price or refund the full amount paid for the product complained about - as a result of the Customer's withdrawal from the agreement - within 14 (fourteen) days. In case of withdrawal from the agreement, the parties return their mutual performances.

5. Goods sold by the Seller may be covered by a warranty by their respective manufacturer or distributor. The Seller does not provide any warranty in respect of any products sold.

6. In the case of Goods, covered by distributor's or manufacturer's warranty, the Customer may complain about the defective product:

a) exercising the entitlements under the warranty granted. In such circumstances, the Customer is required to make a complaint directly to the guarantor, the Seller is only an intermediary transferring the submitted complaint. Customer, at their option, may submit the complaint directly to the warranty service or to the Seller.

b) exercising the Customer's entitlements against the Seller under noncompliance of the Goods to the agreement.

7. The Customer may submit the complain to the Seller about the free services provided electronically by the Seller. A complaint may be submitted in electronic form and sent to the e-mail address of the Seller. The Customer should include their contact information and a description of the problem in the complaint application. The Seller shall promptly, but not later than within 14 (fourteen) days, consider the complaint and reply to the Customer's e-mail address indicated in the complaint application.

 

§ 9 Cancellation of orders, withdrawal from the Sales Agreement

1. The Customer who is a consumer may withdraw from the sales agreement, without stating any reasons, by making a statement in writing within ten (10) days from the date of Delivery. To comply with this deadline, sending the statement before its expiry is sufficient. The sales agreement withdrawal statement form is made available by the Seller on the Store Website.

2. In the event of an effective withdrawal from the sales agreement, the agreement shall be deemed null and void. The Customer is required to return the purchased Goods immediately, no later than within 14 (fourteen) days. The Goods must be returned in the same condition, unless a change was necessary in the ordinary course of business. The return can be made, for example, through the Polish Postal Service by sending the Goods to the address of the Seller.

3. If the Customer who is a Consumer has made any advance payments, they are entitled to legal interest from the date of such prepayment.

4. The Seller, in the event of withdrawal of the Consumer from the contract, immediately certifies in writing the refund provision.

 

§ 10 Refund

1. The Seller shall refund to the Customers within 14 (fourteen) days in the case of:

a) withdrawing from the Sales Agreement by the Customer who is a Consumer pursuant to § 9 of the Regulations;

b) lowering the price or withdrawal from the Sales Agreement in the event of accepting a complaint, pursuant to § 8 of the Regulations.

2. The method of refund depends on the form of the original payment to the Seller:

a) in the case of advance payment by transfer, the Seller shall refund the amount to the Customer's bank account or via postal order, after arranging with the Customer the preferred form of refund and asking the Customer to provide the details required for a bank transfer or postal order.

b) in the case of "cash on delivery" payment, the Seller shall refund to the customer's bank account or via postal order, after arranging with the Customer the preferred form of refund and asking the Customer to provide the details required for a bank transfer or postal order.

c) in the case of advance payment with the use of PayU electronic payment systems, the Seller shall refund to the customer's bank account, after asking the Customer to provide the details required for the bank transfer.

3. The Seller shall not be liable for failure or delay in payment of such refund, if, despite sending to the Customer at the email address provided by them a request referred to in § 10 subpar. 2 above, the Customer do not provide the required details to the Seller, or if the answer to the request is incomplete and prevents effective refund. The Seller shall not be liable, even if refund is not made or is delayed, if the details required for a bank transfer or postal order provided by Customer are incorrect. Refund will be made in this case, as soon as the above details are obtained from the Customer.

 

§ 11 Free services

1. The Seller shall provide services electronically to the Customers free of charge:

a) Operating Customer Account;

b) Newsletter;

c) Sending inquiries concerning Goods to the Seller;

2. Services specified in § 11 subpar. 1 above are provided 24 hours a day, 7 days a week.

3. The Seller reserves the right to choose and change the type, form, time, and method of providing access to selected services, about which the Customers will be informed in a manner appropriate to amending the Regulations.

4. The Customer Account Service is available after Registration, on the terms described in § 4 of the Regulations.

5. The Newsletter service may be used by any Customer by activating the appropriate box on the registration form during the Registration or entering their e-mail address, using the registration form provided for this purpose by the Seller on the Store Website. Once a completed registration form is submitted, the Customer shall promptly receive registration confirmation from the Seller to the email address provided on the registration form. From this moment the contract for the provision of Newsletter service electronically is concluded.

6. The Newsletter service consists in sending by the Seller, to the e-mail address, electronic message containing information about new products or services offered by the Seller. The Newsletter is sent by the Seller to all customers who have subscribed to the Newsletter.

7. Each newsletter sent to the Customers includes, in particular:

a) information about the sender;

b) filled in "subject" line, specifying the content of the message;

c) information that opting out of the free Newsletter service is possible and on how to do it.

8. The service of sending inquiries concerning Goods to the Seller involves sending a message to the Seller using the form on the Shop Website.

9. The customer may opt out of receiving the Newsletter at any time by unsubscribing using the link placed in each e-mail sent as a Newsletter service or by activating the corresponding field in the Customer Account.

10. Cancellation of the free service of sending inquiries concerning Goods to the Seller is possible at any time and consists in stopping sending inquiries to the Seller.

11. The registered Customer may request removal of the Customer Account from the Seller, and in the case of such request to remove Customer Account by the Seller, it can be removed within up to 14 (fourteen) days of the request.

12. The Seller shall be authorized to block access to Customer Account and free services if the Customer acts to the detriment of the Seller or other Customers, violates the law or the provisions of the Regulations, as well as if blocking access to Customer Account and free services is justified with security reasons - in particular, breaching Store Website security or other hacking activities by the Customer. Blocking access to Customer Account and free services for the above reasons shall extend for the period necessary to resolve the issue giving rise to blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by e-mail to the address provided by the Customer in the registration form.

 

§ 12 Liability

1. The Seller shall be liable for non-performance or improper performance of the agreement, however in the case of agreements with customers who are Entrepreneurs the Seller shall only be liable for willful damage and to the limits the losses actually incurred by the Customer who is an Entrepreneur.

2. The Seller shall not be liable for failure to perform or improper performance of services electronically, if caused by a third party (in particular, telecommunications operators, providers of telecommunications links and electricity). The Seller shall, however, be liable for their own acts or omissions or for acts or omissions of people used to provide services electronically, as well as people entrusted with execution of these services.

3. The Seller shall not be responsible for the inability to use or difficulty in using the Online Store, due to reasons attributable to the Customer, in particular for the loss of the Customer's Password by the Customer or coming a third party into a possession of the Customer's Password (regardless of the method). The Seller shall be responsible, however, if the loss of the Customer's Password by the Customer or coming a third party into a possession of the Customer's Password was due to reasons attributable to the Seller or the reasons for which the Seller is responsible.

4. The Seller shall not be liable for damages caused by acts or omissions of Customers, in particular their use of the Online Store in a manner that violates the applicable law or the Regulations.

5. The sole source of the Seller's obligations shall be these Regulations and the mandatory provisions of the law.

 

§ 13 Personal details and "Cookies"

1. The Seller is the administrator of Customers' personal information voluntarily provided to the Seller through Registration and in the frameworks of the provision of services electronically by the Seller or in other circumstances as set out in the Regulations.

2. Personal details will be processed by the Seller only under the authorization to process the data, and only in order to carry out orders or services provided electronically by the Seller and for other purposes set out in the Regulations.

3. Personal data filing system obtained by the Seller is reported by the Seller to the General Inspector for Personal Data Protection.

4. Personal data are provided to the Seller voluntarily, however, failure to provide the data specified in the Regulations during Registration process prevents the Registration and setting up a Customer Account and prevents the submission and execution of Customer orders if an order is placed without Customer Account Registration.

5. Anyone providing the Seller with their personal data shall have the right of access and correct them.

6. The Seller provides the option to remove personal data from the filing system, in particular when removing the Customer Account. The Seller may refuse to remove personal data if the Customer has outstanding payments due to the Seller or has breached the applicable law, and retention of the personal data is necessary to explain the circumstances and determine the liability of the Customer.

7. The Seller shall protect the provided personal data and make every effort to secure them against unauthorized access or use.

8. The Seller shall not provide, sell or lend collected Customers' personal information to other persons or institutions, unless with the express consent, or on request of the Customer, in accordance with applicable law, or at the request of the court, the prosecutor's office, the police or other authority, in case of violation of the law by Customers.

9. At the Customer's explicit consent, the Seller may transfer personal data the Customer, to the extent necessary for the implementation of the Sales Agreement, to the PayU S.A. with registered offices in Poznań as the data administrator (60-324 Poznań, ul. Grunwaldzka182), entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto i Wilda, 8th Economic department of the National Court Register under the number KRS 0000274399, if the Customer has selected payment using PayU system. The transfer shall concern the personal data required to make a payment through PayU S.A.

10. The Seller reserves the right to disclose general aggregate statistical summaries concerning Customers to companies cooperating with the Seller and Internet websites. Such summaries relate to the readership of the Store Website and do not contain Customers' personal information.

11. The Seller applies the mechanism of "cookies" which are saved by the Seller's server on the Customer's device hard drive while using the Store Website by the Customer.

12. The use of "cookies" enables correct operation of the Store Website on the Customers' devices. This mechanism does not destroy the Customers device, and does not change the configuration of the Customer's devices or software installed on these devices. "Cookies" are not intended to identify the Customers.

13. The Seller applies the "cookies" in order to:

a) remember information about Customer devices;

b) verify and develop its offering;

c) for statistical purposes.

14. Any Customer may disable the "cookies" in their device web browser. The Seller indicates that disabling the "cookies" can, however, cause inconvenience or prevent the use of the Store Website.

 

§ 14 Termination of an agreement

(does not apply to orders/sales agreements)

1. Either Party may terminate the contract for provision of electronic services at any time and without reasons, subject to retaining the rights acquired by the other Party prior to the termination of the contract and to the provisions below.

2. The registered Customer may terminate the contract for the provision of electronic services by submitting to the Seller the request to remove Customer Account, using any means of distance communication, allowing the Seller to get to know the Customer's statement.

3. The Seller shall terminate the contract for the provision of electronic services to the customer by sending the appropriate declaration of intent to the email address provided by the Customer during the Registration.

 

§ 15 Final provisions and changing the Regulations

1. The Regulations become applicable on the date of publication on the Online Store website and replace the previously existing Online Store regulations.

2. The content of these Regulations may be materialized by printing, saving or downloading into a media from Online Store website at any time.

3. The Regulations are subject to change. The content of the changes to the Regulations shall be provided to each Customer by posting by the Seller the information about changes in the Regulations, containing a list of amendments to the Regulations on the Online Store home page and keeping this information on the Online Store home page for at least 7 (seven) consecutive Business Days, and in particular the Customers to whom services are provided electronically will be further informed by the Seller about the change, including the statement of changes to the Regulations, by sending an email to the address indicated by the Customer in the registration form.

4. Informing about the change to the Regulations, as specified above, shall be made not later than 7 (seven) Business Days prior to the introduction of the revised Regulations. If a Customer does not accept the new Regulations, they are obliged to notify the Seller within 9 (seven) days from the date of notification of the changes to the Regulations. Non-acceptance results in termination of the agreement in accordance with the provisions of §14.

5. All orders accepted by the Seller prior to the implementation of the changes to the Regulations shall be completed based on the regulations that were in force at the date of placing the order by the Customer.

6. If a dispute arises under the concluded sales Agreement, the parties shall seek to resolve the matter amicably. The law applicable to any dispute arising under these Regulations shall be the Polish law.

7. These Regulations become effective on 02.10.2014.

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