TERMS AND CONDITIONS OF THE WHISBEAR.COM ONLINE STORE
The following Terms and Conditions define the terms of using and making purchases through the Online Store operated by the Seller at the whisbear.com website.
The Seller is a company – Whisbear sp. z o.o. with its registered seat in Warsaw, at ul. Zielona 32, 02-913 Warsaw, entered into the companies’ register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000555169, tax identification number (NIP) 7010481536, statistical number (REGON) 36137404.
The Seller can be
- by phone (helpline): +48 506 071 902 (per-minute charge applied according to the rate of a given operator);
- by e-mail: firstname.lastname@example.org;
- in person: Whisbear sp. o.o., ul. Zielona 32, 02-913 Warsaw (Monday-Friday, from 10.00AM to 4:00PM).
- Terms and Conditions – the following terms and conditions, terms and conditions as referred to in Art. 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended).
- Whisbear.com Online Store – an organized IT structure placed at the www.whisbear.com website, used to conclude Contracts of Sale by electronic means.
- Buyer – a natural person, a legal entity or an unincorporated body, which may acquire rights and incur liabilities in its own name, in accordance with the provisions of generally applicable law.
- Consumer – a natural person using the whisbear.com Online Shop for purposes not directly related to their business or professional activity.
- Seller – Whisbear Sp. z o.o., providing sales services through the whisbear.com Online Store on the terms set out in these Terms and Conditions.
- Product – a movable property, presented in the Whisebar.com Online Store, to which the Contract of Sale applies, intended for children from the age of three, unless the description of the Product states otherwise.
- Contract of Sale – a contract of sale for the sale of Products, within the meaning of the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended), concluded between the Seller and the Buyer via the whisbear.com Online Store.
- Order – Buyer’s declaration of intent clearly specifying the type and quantity of Products, aimed directly at the conclusion of the Contract of Sale.
- User Account – a set of resources in the Seller's IT system, where data and information about Orders placed is collected, designated with an individual name (login) and a password provided by the Buyer.
- Durable medium – a material or an instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
- When making purchases through the whisbear.com Online Store, the Buyer shall accept the provisions of these Terms and Conditions and shall undertake to comply with them.
- Payments shall be processed by PayLane sp. z o.o. with its registered seat in Gdańsk at ul. Arkońska 6/A3, postal code: 80-387, under KRS number: 0000227278.
- All Products offered at the whisbear.com Online Store are brand new, originally packed, free from physical and legal defects, and were legally placed on the Polish market.
- Using the whisbear.com Online Store shall be possible provided that the IT system used by the Buyer meets the following minimum technical requirements:
- operating system: Windows, Linux (with a graphical console) or Mac OS;
- hard disk drive: 8 GB of free space;
- graphics card: 256 MB of memory, supporting 1024x768 resolution;
- Internet connection with a minimum bandwidth of 512 kbps for downlink and 128 kbps uplink;
- control: keyboard, mouse, touch screen.
- Seller shall not be liable for the e-mail servers’ administrators blocking the sending of messages to the e-mail address indicated by the Buyer, as well as for e-mails deleted and blocked by software installed on a computer or other device used by the Buyer.
- Author’s economic rights to the graphic elements of whisbear.com are vested in the Seller. The Seller does not agree to their use without their express consent.
- Orders at the whisbear.com Online Store can be placed 24 hours a day, 7 days a week, throughout the year (except for maintenance breaks).
- In order to place Orders it is necessary to have an active e-mail account.
- An Order can only be processed when, in addition to accepting these Terms and Conditions, the Order Form is completed by way of providing correct contact details, including the exact shipping address, telephone number, and e-mail address.
- In the event data referred to in ss. 3 is incomplete, the Seller shall contact the Buyer. In the event this shall not be possible, the Seller shall have the right to cancel the Order.
- In the event the Buyer's data provided during the process of setting up a User Account or completing a one-off order form shall change, the Buyer shall be obliged to immediately update it.
- User Account is obtained by completing the form available via whisbear.com.
- After filling in the form, an activation e-mail shall be sent to the e-mail address provided therein. This e-mail shall be received and confirmed by clicking on the activation link.
- Buyer shall be obliged to provide true and complete information in the process of registering a User Account or filling out a one-off order form. Providing unlawful content shall not be permitted.
- In the case of a one-off Order, it shall not be necessary to create a User Account. The Order Form must be completed correctly and the terms and delivery conditions contained therein must be accepted.
- The shipping address provided during User Account registration is also the default shipping address. Buyer shall have the option of providing a different address each time they place an order.
- In the event a business address is provided when filling out an Order Form, the name of the company must additionally be provided.
[Procedure for concluding a contract of sale]
- Contract of Sale is concluded following the completion of the Order Form, referred to in Art. 3 ss. 3 of these Terms and Conditions.
- In order to place an Order the Buyer shall:
- select the ordered Products and their quantity;
- select the delivery method, enter shipping address, and enter invoice or receipt details;
- select the payment method;
- select the box confirming the order and informing about the obligation to pay (messages on the website shall be followed).
- After submitting an Order an e-mail containing a statement confirming the receipt of the order, the manner of its processing, and the conclusion of the Contract of Sale between the Buyer and the Seller shall be sent immediately to the e-mail address provided by the Buyer.
- In the event a parcel other than cash on delivery was selected or a non-payment via electronic means otherwise occurred, the Seller shall also indicate the bank account to which the payment shall be made within the e-mail referred to in ss. 3 above.
- The amount of Products offered at the whisbear.com Online Store varies and is constantly updated.
- Orders are accepted in the order in which they shall be received, until stocks last. In the event Products specified in the Order are unavailable, the Seller shall notify the Buyer about this immediately, however not later than within 14 days from the date of the conclusion of the Contract of Sale, and shall return the payment to the Buyer. The notification shall be sent to the e-mail address provided by the Buyer in the Order Form.
- Upon Buyer’s choice the Seller shall deliver a receipt or a VAT invoice, which may be attached to the shipment or may be sent electronically to the indicated e-mail address, in the form of an electronic image of settlement documents. Seller may also issue and send a VAT invoice in the electronic form, in accordance with the Regulation of the Minister of Finance of 20 December 2012 on sending invoices in electronic form, terms of their storage, and the mode of making them available to the tax authority or the fiscal control authority.
- After placing an Order and not later than at the time of delivery of the Product or before the commencement of the service, the Seller shall send to the Buyer a confirmation of the conclusion of a Distance Contract on a Durable Medium.
[Prices, payments, and order cancellations]
- The total cost of the Order consists of the Product price and the shipping price (cost of delivery). The Product price indicated at the whisbear.com website shall be binding at the time of placing the Order by the Buyer.
- All Product prices posted at the whisbear.com Online Store:
- are given in Polish zlotys;
- nclude taxes;
- do not include delivery costs – the Buyer is informed about the obligation to pay such costs at the whisbear.com Online Store website while placing the Order.
- Delivery cost shall depend on the form of delivery of the Product selected by the Buyer.
- Buyer may choose the following forms of payment for ordered Products, with delivery in Poland:
- payment on delivery: the Order shall be processed after the Order placement process has been completed; this option can only be selected if the Buyer is a Consumer;
- bank transfer: the Order shall be processed after the payment has been credited to the Seller’s bank account;
- electronic payment by means of a credit card or an e-transfer: the Order shall be processed after the Seller receives a confirmation of the correct performance of the operation from the payment operator.
- In the case of payments specified in ss. 4 (b) above, the Buyer shall be obliged to make a payment to the Seller's bank account, the details of which shall be sent in the e-mail confirming the placing of an Order, with the subject line ‘Order No. [●]’. Payment shall be made within 5 days from the date of receiving the e-mail confirming the acceptance of the Order.
- In the event the Buyer shall fail to make a payment within the time specified in ss. 5 above, the Seller shall send an e-mail to the Buyer reminding the Buyer to pay for the Order. In the e-mail reminder the Seller shall give the Buyer another five-day period, after which the order shall be cancelled.
- Settlements of credit card transactions and e-transfers are carried out through PayU S.A. Accounting Center, with its registered seat in Poznań, at ul. Grunwaldzka 182, 60-166 Poznań, entered into the companies’ register kept by the District Court in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399, tax identification number (NIP) 779-23-08-495, statistical number (REGON) 300523444, on the basis of the terms and conditions available at: http://www.payu.pl/pliki-dopobrania/regulaminy-i-informacje.
- An Order may also be cancelled or modified at the Buyer's request, submitted before shipment of the Product at the latest. The request to cancel an Order shall be sent to: email@example.com
- In the event Buyer shall choose the option ‘cash on delivery’, Seller shall send the Product not later than within 7 days from the date of conclusion of the contract. In other cases the Product shall be sent within 7 days from the date payment has been credited to the Seller's bank account.
- Shipment delivery date shall each time depend on the selected shipment type and shall result from the terms and conditions for the provision of transport services applied by, among others, Poczta Polska S.A., GLS, DHL, DPD.
- Products are delivered by specialized courier companies or through Poczta Polska. In some cases, there shall be a possibility of personal collection of goods at the Seller's premises.
- Delivery cost shall depend on the shipment size and shall not exceed:
- Courier shipment (Poland), payment by bank transfer – PLN 15.00;
- Courier shipment (Poland), cash on delivery – PLN 20.00;
- Overseas shipment (Europe), payment by bank transfer – PLN 50.00;
- Overseas shipment (North America, South America, Asia, Africa), payment by bank transfer – PLN 70.00;
- Overseas shipment (Australia and Oceania), payment by bank transfer – PLN 100.00
- Detailed terms of delivery shall specify the terms and conditions for the provision of transport services applied by, among others, Poczta Polska S.A., GLS, DHL, and DPD.
- Seller shall, via e-mail, inform the Buyer about sending the Product.
- Buyer shall, via e-mail, inform the Seller about non-delivery of the shipment. This e-mail shall be sent to firstname.lastname@example.org.
- In case the notification referred to in ss. 5 above shall be approved, then the Seller shall return to the Buyer immediately, however not later than within 14 days, the entire sum paid by the Buyer.
- In case it shall appear that the Product has been damaged in transport, then the Buyer shall notify the Seller via e-mail. This e-mail shall be sent to email@example.com, together with the damage report, if such a report was prepared by the Buyer.
[Complaints and guarantees]
- The following section of Terms and Conditions shall only apply in relations with Buyers who are Consumers.
- The Seller may be liable towards the Consumer under the warranty if the Product sold has a physical or legal defect within the meaning of generally applicable provisions of law.
- In case the Product has a defect, the Consumer may demand that shall be brought into conformity with the Contract of Sale by way of a free repair or a replacement of the Product with a new one, unless repair or replacement shall be impossible or shall require excessive costs.
- When assessing the excess of costs, the value of the goods in accordance with the contract and the type and degree of non-compliance shall be taken into account.
- The Product is inconsistent with the Contract of Sale, in particular if it:
- does not possess the properties that the Product of this type should possess due to the purpose indicated in the Contract of Sale or resulting from circumstances or usage;
- does not possess the properties the existence of which the Seller has assured to the Consumer, including presenting a sample or a pattern;
- is not suitable for the purpose which the Consumer communicated to the Seller at the conclusion of the Contract of Sale, and the Seller did not raise any objections to such a purpose;
- has been delivered to the Consumer in an incomplete state;
- does not correspond to the expectations towards a commodity of this type, based on public assurances provided by the Seller, the manufacturer or their representative, the person who introduces the consumer good to domestic trade in the scope of their business, the person who acts as the producer by placing their name, trademark or other distinctive label on the goods (in particular the assurances given in the product labeling or its advertisement referring to the characteristics of the goods, including the date by which the goods are going to keep them, shall be taken into account);
- it has not been correctly installed and activated – in case these activities were performed as part of the Contract of Sale by the Seller or by the person for whom the Seller is liable, or by the Consumer according to the manual received as part of the sale;
- does not have other features that have been agreed in a specific contract or which it should possess on the basis of the Contract.
- In the event that it shall be necessary to deliver the Product to the Seller in order for the Seller to respond to a complaint or for the Consumer to exercise their rights under the warranty, the Consumer shall be asked to deliver the Product at the expense of the Seller to the address of Whisbear Sp. z o.o., at ul. Zielona 32, 02-913 Warszawa.
- In case that due to the nature and/ or defects of the Product, and their accumulation in the Order, the delivery of the Product shall be impossible or excessively difficult then the Buyer shall be asked to provide them after prior arrangement of the date and place of receipt.
- Delivery of the Product referred to in ss. 7 above shall not affect the period granted to the Seller for responding to the complaint.
- In the event the Product sold has a defect then the Consumer may also submit a statement of price reduction or rescind the Contract of Sale, unless the Seller shall immediately and without undue inconvenience to the Consumer replace the defective Product with a defect-free one or shall remove the defect in question. This limitation shall not apply in case the Product has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the Product for a Product free of defects or to remove the defect in question.
- The reduced price shall remain proportionate to the price resulting from the Contract of Sale in a measure equal to the proportion between the value of the defective Product and that of the defect-free Product.
- The Consumer shall not have the right to withdraw from the Contract of Sale in case the defect is incidental.
- The complaint may be submitted by the Consumer along with the description of the complaint:
- in writing to Whisbear Sp. z o.o., ul. Zielona 32, 02-913 Warszawa; or
- in electronic form to: firstname.lastname@example.org.
- It is recommended to include in the description of the complaint all information and circumstances stating the Product's non-conformity with the Contract, information and circumstances regarding the complaint, Consumer’s preferred way of settling the complaint – a) repair, b) replacement for a new Product, c) price reduction, d) reimbursement of part or the entire sum paid, i.e. the Product price, shipping cost, and cost of sending the Product back to the Seller. This is recommended to be done according to the complaint description template (which can be found and downloaded in the ‘Returns and Complaints’ tab), which aims to improve the complaint procedure and shall in no way affect its effectiveness.
- Seller shall address the Consumer's complaint promptly and not later than within 14 calendar days from the date of it has been submitted.
- In the event the above-stated date is exceeded then the complaint shall be considered to have been approved.
- Seller shall be liable under the warranty in case the physical defect shall be found before the lapse of two years from the date of the release of the Product.
- In case the Product being sold is a used Product, then the Seller shall be liable under the warranty if the physical defect shall be found before the lapse of one year from the date of the release of the Product.
- Buyer's claim for removal of a defect or a replacement of the Product shall expire after one year from the day the defect is discovered, but not earlier than within two years from the date of the release of the Product.
- In case the complaint shall be approved, the cost of replacement or repair of the Product shall be borne by the Seller.
- In case the Products shall be covered by the manufacturer's or distributor's warranty, then the detailed warranty terms and its duration shall be included in the warranty card issued by the guarantor (which can be found and downloaded in the ‘Returns and Complaints’ tab).
- The guarantee for the sold Product shall not exclude and shall not limit or suspend the rights of the Consumer resulting from the lack of compliance of the goods with the Contract, specified in this section.
[Out-of-court procedures for handling complaints and claims settlement]
- Consumer may use out-of-court means to handle complaints and claims settlement. In case they would like to amicably settle disputes arising from making purchases on the website www.whisbear.com website, then in accordance with Regulation (EU) No 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending the Regulation (EC) 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR) – the Consumer may lodge a complaint via the EU ODR online platform, available at: http://ec.europa. eu/consumers/odr/ or through mediation - detailed information regarding possible out-of-court procedures for handling complaints and claims settlement available to a Buyer-Consumer, as well as the rules governing the accessibility of such procedures, are available at https://uokik.gov.pl/wazne_adresy.php#faq595, as well as in the offices and on the websites of district (municipal) consumer ombudsmen, and other social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the Office of Competition and Consumer Protection.
- The European ODR platform is intended to facilitate the independent, impartial, effective, quick, and fair out-of-court settlement of disputes, via the Internet, between consumers and traders regarding contractual obligations arising from online contracts of sale or service contracts concluded between consumers resident in the European Union and traders having their registered seats in the European Union.
- The use of available out-of-court procedures for processing complaints and claims settlement shall be possible after the complaint procedure is completed and is voluntary – both parties must agree to proceed. Seller agrees to the use of out-of-court dispute resolution with Consumers.
[Withdrawal from contract]
- The following section of Terms and Conditions shall only apply in relations with Buyers who are Consumers.
- Consumer who has concluded a distance contract shall have the right to withdraw from it without stating a reason within 14 calendar days.
- In order to meet the deadline it shall be enough to send a statement within its time limit. The statement may be submitted on a form, the model of which is attached to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). Template available at the whisbear.com Online store website (which can be found and downloaded in the ‘Returns and Complaints’ tab) may also be used.
- The returned Product should be returned, together with a statement of withdrawal from the contract referred to in ss. 3 above, to the following address: Whisbear sp. z o.o., ul. Zielona 32, 02-913 Warszawa, annoted ‘RETURN’, not later than within 14 days from the date of submitting the statement of withdrawal from the contract.
- The period for withdrawal from the contract shall commence:
- the moment the Consumer or a third party designated by them, other than the carrier, shall take possession of the Product;
- the moment the Consumer or a third party designated by them, other than the carrier, shall take possession of the last Product, lot or part in the case of a contract that includes many Products;
- the moment the Consumer or a third party designated by them, other than the carrier shall take possession of the first Product in the case of a contract consisting of regular delivery of Products for a specified period of time;
- from the date of conclusion of the contract, in the case of other contracts.
- In the event of withdrawal from a distance contract, the contract shall be considered null and void.
- The service provided for the benefit of the Seller shall be returned to the Consumer promptly, and not later than within 14 days from the date of receipt of the statement on withdrawal from the Contract.
- In the event the Consumer has made a payment by credit card or by electronic bank transfer, the sum paid shall be reimbursed to the card or to the bank account from which the payment was made. In case payment was made by a traditional transfer or by way of payment on delivery, the sum paid shall be reimbursed to the bank account indicated by the Consumer in the statement of withdrawal from the contract or by way of a postal order, at Consumer’s discretion.
- The Seller shall not be liable for failure to make a refund or for its delay in case it occurred due to the Consumer providing incorrect personal data (name, surname, address) or an incorrect bank account number.
- The sum referred to in ss. 7 above shall be comprised of the price of the purchased Product, as well as the shipping costs paid by the Consumer, with the reservation that the shipping costs incurred in connection with the return of the Product to the Seller shall be charged to the Consumer.
- In case the Consumer has selected a method of delivery of the Product other than the cheapest, usual delivery method available at the whisbear.com Online Store the Seller shall not obliged to refund the additional costs incurred by the Consumer.
- Consumer shall be liable for a decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product. Exceeding the above limits shall not mean that the withdrawal from the contract is ineffective.
- Seller is the personal data controller as regards the data collected through the whisbear.com Online Store.
- Disputes that may arise between the Buyer and whisbear.com shall be subject to the decision of the competent court in accordance with the provisions of the Act of November 17, 1964, the Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
- The Seller reserves the right to amend the Terms and Conditions for important reasons, such as:
- amendments to the applicable law;
- amendments to the methods of payment and delivery – to the extent to which such amendments affect the implementation of the Terms and Conditions.
- Buyers with a User Account at the whisbear.com Online Store shall be informed about amendments to the Terms and Conditions via e-mail.
- In case that the Terms and Conditions of the whisbear.com Online Store have been amended during the time that has elapsed since the last logging in, the Customer shall accept or shall not accept the provisions after the amendments.
- Buyers who shall not accept the amendments introduced in the Terms and Conditions shall have the right to delete the User Account at any time.
- Orders placed by Customers prior to the entry into force of the amendments to the Terms and Conditions shall be processed in accordance with the current provisions of the Terms and Conditions.
- In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply.