§ 1 Definitions
The terms used herein shall mean:
1. Customer – a natural person, including a Consumer who is at least 18 years of age, as well as a legal person or an organisational unit that is not a legal person to whom specific provisions grant legal capacity and who has placed or intends to place an Order or uses other services of the Service Provider;
2. Consumer – a natural person performing a legal act not directly related to its business or professional activity;
3. Password – a sequence of alphanumeric characters necessary to perform authorisation while accessing the Customer’s Account, determined independently by the Customer during the Registration process;
4. Account (Customer’s Account) – a subpage of the Shop’s website where the Customer can, among other things, manage personal data, receive notifications about the change of the Order status, control and manage the status of the placed Orders;
5. Customer Login (Login) – a sequence of alphanumeric characters, necessary to access the Customer’s Account, determined independently by the Customer during the Registration process;
6. Regulations – these Regulations of Sale using means of distance communication and the provision of services by electronic means. Within the scope of services provided by electronic means, the Regulations are the regulation referred to in Article 12 of the Consumer Rights Act;
7. Registration – a one-off and unpaid activity consisting in establishing the Customer’s Account by the Customer, made using the administrative panel made available by the Service Provider on the website of the Shop;
8. Online Shop – a website available at www.books4children.pl through which the Customer may place an order.
9. Party – the Service Provider or the Customer;
10. Goods – a movable object that is the subject of the Contract between the Customer and the Service Provider;
11. Contract for Sale – a contract for sale within the meaning of the Civil Code, concluded between the Service Provider and the Customer with the use of means of distance communication through the Shop, the subject of which are the Goods;
12. Service (Services) – a service provided by the Service Provider, electronically ordered by the Customer on the terms specified in the Regulations, also through the Shop;
13. Agency Contract – a contract of mandate within the meaning of the Civil Code, concluded between the Service Provider and the Customer, including the use of means of distance communication via the Shop, the subject of which is ordering the search of the Goods specified by the Customer by the Service Provider for the Customer at the manufacturer or distributor of the Goods, concluding on behalf and for the benefit of the Customer or on behalf of the Service Provider for the benefit of the Customer a contract for the sale of the Goods and arranging for the delivery of the Goods to the Customer or the place indicated by the Customer;
14. Project Agreement – a specific work contract, within the meaning of the Civil Code, concluded between the Service Provider and the Customer, including the use of means of distance communication through the Shop, the subject of which is the execution of the project of an item specified in the Order.
15. Service Provider – Karolina Kijeńska conducting a business number: 8625368017, under the name books4children, based at: 9 Beaconsfield Road, Rochdale, Lancashire, OL11 2WE, United Kingdom (UK)
16. Order – a declaration of the Customer’s will constituting an offer to conclude the Contract with the Service Provider specifying the type and number of Goods or the type and basic parameters of the ordered item or project, which are to be the subject of the Contract.
§ 2 General provisions
1. The Regulations define the rules for placing Orders using means of distance communication, as well as using by the Customers from the Shop and the Services offered via the Shop.
2. The Shop is operated by the Service Provider.
3. The Service Provider provides the following Services through the Shop:
- a) enabling the Customer to place Orders related to the Goods available in the Shop and concluding distance contracts for sale, and
- b) informing the Customer by the Service Provider of the current status of the Order, and
- c) providing the Customers with information about the Goods available in the Shop and products selected by the Service Provider.
4. Customers have access to the Services offered through the Shop, regardless of whether they have completed the Registration.
5. In order to use the Website, it is required to have a device with access to the Internet equipped with a web browser that enables the support for cookies.
6. In order to maintain the security of using the Website, the device used should have in particular:
- a) an anti-virus system with the latest version of virus definitions and updates,
- b) effective firewall,
- c) installed all available updates of the operating system and Internet browser that apply to security,
- d) activated cookie acceptance function in the web browser,
- e) software making it possible to read PDF files.
7. It is forbidden to provide illegal content by the Customers and Users.
8. The Service Provider uses Cookie files to collect information related to the use of the Shop’s website by the Customer in order to:
- a) maintain the Customer session (after logging in) so that the Customer does not have to re-enter the Password on each subpage of the Shop’s website; and
- b) adjust the Shop’s website to the Customer’s needs, and
- c) create viewing statistics of the website.
9. The exclusive rights to the content made available as part of the Services provided through the Shop, in particular copyright, the name of the Shop, trademarks of the Service Provider and of the manufacturers of the Goods, included graphics, software and databases are subject to legal protection and shall be vested in the Service Provider or entities with whom the Service Provider has entered into relevant agreements.
10. Customers can access the Regulations at any time and free of charge through a link posted on the main website of the Shop and print it.
11. Information on the Goods specified in the Shop, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
§ 3 Scope, terms and rules of using the Shop
1. The Service Provider undertakes to provide the Services in the Shop in the scope and on the terms and conditions specified in the Regulations.
2. The Contract for the provision of services by electronic means is concluded once the Customer has successfully completed and accepted the registration form or whenever the Customer uses the Shop (in the case of lack of Registration) after the Customer has accepted the content of the Regulations.
3. Registration through the Shop takes place by accepting the registration form available on the website www.littleforest.pl, after completing the relevant fields of the form.
4. In order to ensure the security of message transmission in connection with the Service provided and the Orders performed by the Customer, the Service Provider shall take technical and organisational measures appropriate to the level of threat to the security of the Service provided.
5. n particular, the Customer is obliged to:
- a. refrain from taking measures such as: sending or placing unsolicited commercial information in the Shop; engaging in IT activities or any other measures aimed at entering into possession of information not intended for the Customer,
- b. use the Services offered by the Service Provider in a manner consistent with the provisions of the law applicable in the Republic of Poland and the provisions of the Regulations,
- c. not to provide and refrain from disclosing any content prohibited by applicable laws.
§ 4 Orders
1. The Customer may conclude a Contract for the sale of Goods, a distance agency contract through the Shop.
2. It is also possible to order the Goods by phone or by e-mail.
3. Placing an Order constitutes an offer to conclude the Contract within the meaning of the Civil Code submitted to the Service Provider by the Customer.
4. The Contract for Sale shall be concluded with the Customer receiving the e-mail referred to in § 4 section 9 of the Regulations;
5. In order to conclude a distance Contract for the sale of Goods through the Shop, it is necessary to enter the website www.books4children.pl, select the Goods available in the Shop and place an Order indicating the place of delivery of the Goods, taking further technical steps based on messages or information displayed to the Customer.
6. In order to conclude an agency contract through the Shop, it is necessary:
- a. by means of a contact form on the website www.books4children.pl, send an e-mail to firstname.lastname@example.org defining the type and quantity of goods sought by the Customer;
- b. by means of the website www.books4children.pl and then make a selection of the goods previously found by the Service Provider and place an Order specifying the quantity of the product sought, indicating the place of delivery, taking further technical steps based on the displayed messages or information.
7. The Agency Contract shall be concluded with the receipt by the Service Provider of an e-mail containing the acceptance of the terms and conditions of the agency contract or the receipt by the Service Provider of an advance payment towards the performance of the order.
8. It is possible to submit an effective Order after having accepted the Regulations.
9. Once the Order has been placed, the Customer receives an e-mail which is the confirmation of receipt of the Order.
10. The Customer shall be entitled to resign from the execution of the Order of the Contract for Sale before the date of receipt of the e-mail message referred to in § 4 section 9 of the Regulations. Within the above time limit, the Customer shall be entitled to cancel the Order or submit a new one. It is necessary to contact the Service Provider for this purpose.
11. The prices of the Products in the case of a Contract for Sale are given in Polish zloty (PLN) and shall be gross prices, i.e. they include VAT.
12. Prices in the case of a Contract for Sale may be given in a currency other than the Polish zloty (PLN) and shall be gross prices, i.e. they include VAT.
13. The Customer shall be able to pay the price in the following manner:
- a. by bank transfer in the form of a prepayment to the Service Provider’s bank account kept in Bank Pekao no.: 87 1240 1255 1111 0010 8454 2213
14. The Order for Goods shall be processed immediately after the conclusion of a Contract for Sale, however, in the case of payment by bank transfer, the time limit shall be calculated from the date on which the payment for the Goods is credited to the Service Provider’s bank account.
15. The order shall be delivered to the Service Provider immediately after the conclusion of the agency contract, however, in the case of payment by bank transfer, the time limit shall be calculated from the date of posting the advance payment to the Service Provider’s bank account specified by the Service Provider.
16. If the Order is placed, the delivery of Goods shall be made no later than thirty (30) days from the date on which the Contract was concluded, unless otherwise specified in the Order confirmation or another date directly with the Customer has been agreed.
17. The shipment is made via a courier company for the amount described in the order confirmation.
18. The Service Provider may deliver ordered Goods via a postal operator or a courier company.
19. In order to effectively implement the Order, the Customer is obliged to provide all necessary data enabling its execution, i.e. first name and surname, address (street, house number, city, post code), contact phone number or other data indicated by the Service Provider through the website.
20. After the delivery of the ordered Goods, the Shop, as part of the performance of the contract with the Customer, is entitled to send to the Buyer, to its e-mail address, an invitation to complete a survey in order to examine its opinion on the performed transaction. The Customer can, but is not obliged to fill it out.
21. When accepting the package with the ordered Goods, we suggest the Customer to check the package and in case of the following:
- a. mechanical damage to the contents of the package,
- b. incompleteness of the package,
- c. incompatibility of the content of the package with the object of the Order, the Customer is entitled to refuse to accept the package. In such a case, we suggest writing down comments or notes from the event in the presence of the service provider and immediately notifying the Service Provider of the situation.
§ 5 Entitlement to withdraw from the Contract
1. Pursuant to Article 27 of the Consumer Law, the Consumer may withdraw from the concluded distance contract without stating the reason and without incurring the costs, except for the costs referred to in Articles 33 and 34 (2) and Article 35 of the Consumer Law.
2. The term of withdrawal from the contract shall be 14 (fourteen) days from the date of receipt by the Consumer of the ordered goods or by a third party indicated by the Consumer other than the carrier, and in the case of a contract which covers many products that are delivered in lots or separately, from taking possession of the last product.
3. In order to meet the deadline, it is sufficient to send a relevant statement in an electronic form to the Service Provider’s e-mail address: email@example.com
4. In the event of withdrawal from the Contract for the Sale of goods concluded at a distance, the contract shall be considered as not concluded and the Consumer shall be released from all obligations. What the parties have provided shall be reimbursed in the unaltered condition, unless the change was necessary within the limits of the ordinary management. The ordinary management means that the Consumer can unpack, check the resistance and try on the received goods. This does not change the goods, and after repacking the goods are suitable for further resale. The Consumer shall be liable for the reduction of the value of the item being the object of the contract and resulting from the use in a manner going beyond what is necessary to determine the nature, characteristics and functioning of the goods. This means that the Consumer has the right to assess and check the goods, but only in such a way as it would do it in a stationary shop. The Consumer cannot normally use the item, otherwise it may be charged with additional costs in connection with the reduction of its value.
5. The reimbursement of mutual benefits should take place immediately, but not later than within 14 days.
6. The goods should be returned not later than within 14 days from the day in which the Consumer withdraws from the contract to the following address: books4children, 9 Beaconsfield Road, Rochdale, Lancashire, OL11 2WE, United Kingdom. To comply with the deadline, it is sufficient to return the Product before the expiry of 14 days or send a confirmation of dispatch of the goods.
7. The Consumer shall bear direct costs of returning the Product (i.e. the cost of returning the Product to the Seller), unless the Seller has agreed to incur them or has not informed the Consumer about the need to incur these costs.
8. The Seller shall immediately, not later than within 14 days from the date of receipt of the notice of withdrawal from the contract submitted by the Consumer, reimburse the Consumer for all payments made by the Consumer, including the costs of delivering the goods, and if the Consumer has chosen a delivery method other than the cheapest way of delivery offered by the Seller, the Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
9. The Seller shall refund the payment to the bank account indicated by the Consumer or by postal order to the address indicated by the Seller, and if this is not expressly indicated, to the address to which the Goods were delivered. The Service Provider may withhold the refund of payments received from the Consumer until the moment of receipt of the item back or delivery by the consumer of proof of its return, whichever occurs first.
10. The right to withdraw from the contract shall not apply in cases specified by the provisions of law in accordance with Article 3(1) and (2) and Article 38 of the Consumer Rights Act of 30 May 2014.
11. On the basis of the above-mentioned provisions, the right to withdraw from the contract does not apply to the services provided by the Service Provider under the agency contract;
§ 6 Complaints
1. The Seller shall be liable to the Customer who is the Consumer, if the Goods are inconsistent with the Contract on the basis of the warranty for physical and legal defects at the time of its release.
2. The Seller shall be liable under the warranty for physical defects that existed at the moment of transfer of risk to the Customer who is the Consumer or resulting from the cause of the sold Goods at the same time.
3. A physical defect consists in a non-compliance of the Goods with the Contract of Sale, in particular if the Goods:
- a. have no properties which the Goods of a particular type should have due to the purpose defined in the Contract of Sale or resulting from circumstances or the intended purpose,
- b. have no properties, of which the Seller has assured the Customer, including by submitting a sample or a specimen,
- c. are not suitable for the purpose, of which the Customer informed the Seller at the conclusion of the Contract of Sale, and the Seller has not objected to such use,
- d. have been issued to the Customer in an incomplete state.
4. If the Customer is the Consumer and the physical defect of the Goods is confirmed before the end of the year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the moment of transfer of risk to the Customer.
5. The Seller’s liability for the non-compliance of Goods with the Contract of Sale shall last for a maximum of 2 years from the date on which the Customer became aware of the existence of a defect or if the Customer became aware of the existence of a defect only as a result of a third party claim – from the date on which the decision issued in the dispute with a third party became final.
6. The Seller shall be released from liability under the warranty if the Customer knew about the defect at the time of conclusion of the Contract of Sale, also if the Goods do not have the characteristics resulting from the public assurances referred to in Article 556 section 2 of the Civil Code, if such assurances have not been known or, judging reasonably, could not have been known or could not have any impact on the Customer’s decision to purchase in the shop if their content has been rectified prior to the conclusion of the Contract of Sale.
7. The Seller shall be released from liability under the warranty when the Goods are items marked only as to the species provided that the Customer who is not the Consumer knew about the defect at the moment of releasing the Goods.
8. The Seller shall be released from liability for the defect of Goods in the specific case of an improper installation and start-up of the item constituting the Goods, if these activities have been performed by a third party not connected with the Seller or by the Customer contrary to the instructions provided by the Seller.
9. If the sold Goods have a defect, the Seller shall replace the defective Goods with a defect-free item or remove the defect, otherwise the Consumer may submit a statement on lowering the price or withdrawal from the Contract of Sale.
10. The reduced price should be in such a proportion to the price resulting from the Contract of Sale in which the value of the Goods with the defect remains to the value of the Goods without defects.
11. The Consumer may not withdraw from the Contract for Sale if the defect is irrelevant.
12. The Consumer may, instead of a removal of the defect proposed by the Seller in accordance with the above-mentioned provisions, demand the replacement of the Goods free of defects, or instead of replacing the Goods, demand a removal of the defect, unless the delivery of the Goods for compliance with the Contract of Sale in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller. The value of the Goods free of defects, the type and significance of the defect found shall be taken into account when assessing the excessive costs, as well as inconveniences which the Consumer would be exposed to with another way of satisfaction.
13. If only some of the sold Goods are defective and can be disconnected from the Goods free of defects, without prejudice to both parties, the Consumer’s right to withdraw from the Contract of Sale is limited to defective Goods.
14. The Seller may refuse to satisfy the Consumer’s demand if the failure to comply with the Contract of Sale of defective Goods in a manner chosen by the Consumer is impossible or in comparison with the other possible way of bringing the Goods into conformity with the Contract of Sale would require excessive costs.
15. In order to improve the complaint procedure, it is recommended for the Customer to attach a proof of purchase of the Goods (an invoice).
16. In the event of non-compliance of the Goods with the Contract of Sale, the Consumer should send the faulty Goods at the Seller’s expense to the following address:
books4children, 9 Beaconsfield Road, Rochdale, Lancashire, OL11 2WE, United Kingdom with a description of the non-conformity indicating:
- a. information and circumstances regarding the subject of the complaint,
- b. a request of the manner of bringing the Goods into conformity with the Contract of Sale or a declaration on lowering the price or withdrawal from the Contract of Sale.
- c. contact details of the complaining party.
18. The Seller shall respond to the Consumer’s complaint immediately within 14 business days from the moment of returning the Goods together with a description of the non-compliance. If the verification of non-compliance requires an opinion of an expert or a representative of the Product manufacturer, the time limit for the response of the Shop shall be extended by the time of obtaining such an opinion by the Shop. The Seller shall inform the Consumer about the extended deadline for considering the complaint for the reasons referred to in the preceding sentence.
19. In the event of a positive handling of the complaint, the Seller shall restore the Goods to the condition consistent with the Contract of Sale in accordance with the Consumer’s demand through repair or replacement for the new Goods, unless the repair or replacement is impossible or require excessive costs. If the repair or replacement is impossible or require excessive costs, the Consumer shall have the right to demand an appropriate price reduction or withdraw from the Contract of Sale, whereby the Consumer may not withdraw from the Contract of Sale if the non-compliance of the Goods with the Contract for Sale is insignificant.
20. In the case of contracts concluded with Customers not being the Consumer, pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the warranty shall be excluded.
21. The Seller shall not be liable for any damage resulting from incorrect use of the Goods.
§ 7 Settlement of disputes
1. The settlement of any disputes arising between the Service Provider and the Customer, who is the Consumer, shall be settled by the courts competent in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Service Provider and the Customer, who is not the Consumer, shall be settled by the court competent for the registered office of the Service Provider.
§ 8 Personal data
§ 9 Transitional and final provisions
1. In matters not regulated herein, the provisions of generally applicable Polish law, in particular the Civil Code, the provisions of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 No. 144, item 1204, as amended), the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended).
2. The updated Regulations are published on the website of the Shop and are delivered free of charge (by e-mail) to the Customer at each request.