Terms and Conditions
The Terms and Conditions of Selfiestore.pl
The terms and conditions of sale by means of a remote communication and provision of services by electronic means
I. Definitions
For the purposes of these Terms and Conditions, the terms used herein have the following meanings:
1. Password — the sequence of alphanumeric characters used for the authorization while accessing Client's Account, created independently by Client during Registration process.
2. Client — any natural person, including Consumer, who is 13 years of age or above, whereby if such a natural person is below 18 years of age, the consent from their legal representative or legal guardian is required, or a legal person or an organizational entity which is not a legal person but whose specific provisions confer on it legal capacity, who places or is going to place Order or uses services of Online Store.
3. The Civil Code — the Act of 23 April 1964 (Journal of Laws of 2011, No 16, item 93, as amended).
4. Consumer — any natural person who performs a legal action not related directly to that person's business or profession.
5. Account (Client's Account) — a subpage of Store's website, where Client may edit personal data, receive notifications on the changes in Order's or Booking's status, control and manage Orders placed by Client etc.
6. Client's Login (Login) — the sequence of alphanumeric characters (e-mail address) used in order to access Client's Account, created independently by Client during Registration process.
7. The Terms and Conditions — these Terms and Conditions of sale by means of a remote communication and provision of services by electronic means. For the purpose of providing services by electronic means, these Terms and Conditions are regulations referred to in Article 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).
8. Registration — the one-time action of creating Client's Account performed by Client with the use of the administration panel made available on Store's website by Service Provider.
9. Online Store Selfiestore.pl (Store, Online Store) — the on-line service available at website address www.selfiestore.pl, where Client may place Orders (buy Products).
10. Party — Service Provider or Client.
11. Content — any content and multimedia objects (e.g. information, data, graphic files, graphic elements, images or videos), including works as defined by the Act on Copyright and Related Rights and images of natural persons, posted on Store's Website, e.g. by means of publishing a link to a different website.
12. Goods — the movable goods covered by Sales Agreement
13. Additional Service — the service provided by other means than through Online Store by Service Provider for the benefit of Client in relation to the delivery of Goods (e.g. the delivery of products by a courier).
14. Product(s) — additional Goods and Services presented in Online Store.
15. Sales Agreement — the agreement on the sale of Products within the meaning of the Civil Code Act, concluded between Service Provider and Client by means of a remote communication (including electronic means) in Store.
16. Service(s) — the service(s) provided by Service Provider by electronic means according to the rules specified in the Terms and Conditions.
17. Service Provider — Selfie Group Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at Pastewna 25, 02-954 Warsaw, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register (KRS) under KRS number 0000760880, Tax Identification Number (NIP) 9512474734.
18. Order — Client's declaration of intent made directly to conclude a distance Sales Agreement specifying the kind of Product submitted via Online Store.
II. General Provisions
1. The Terms and Conditions determine rules for placing Orders by means of a remote communication as well as using Online Store and Services offered through Store by Clients.
2. The Online Store is run by Service Provider.
3. Service Provider offers via Online Store services that consist in:
a) enabling Clients to place Orders for Products available at Online Store and to conclude distance Sales Agreements on Products as well as informing Clients about Products available in Online Store.
4. Clients have access to Services offered by Online Store regardless of whether or not they have finished the Registration process.
5. Service Provider reserves the right to limit access to the selected Services offered in Online Store to Clients who meet certain conditions (e.g. are of 18 years of age or above). Provisions on access limitations to certain Services will be at all times posted on Online Store website. The above applies provided that it is without prejudice to the rights of Consumers.
6. Client is able to use Online Store provided that the computer system used by Client meets the following minimum technical requirements:
— Internet Explorer 8.0 or higher with ActiveX, JavaScript and Cookies support enabled; or
— Mozilla Firefox 5.0 or higher with Java applets, JavaScript and Cookies support enabled; or
— Chrome 14.0 or higher with Java applets, JavaScript and Cookies support enabled; or
— Opera 10.0 or higher with Java applets, JavaScript and Cookies support enabled.
7. Service Provider uses Cookies to collect information related to the use of Online Store by Client in order to:
a) keep Client's session open (after logging in); thus, there is no need for Client to log in with a password on each subpage of Store's website;
b) adjust the Store's website to Client's needs; and
c) produce viewing statistics of the subpages of the said website.
8. Some subpages of Store's website and other means of communication with Clients may include web beacons (i.e. electronic objects also known as clear GIFs). Web beacons are used for gathering information, such as IP (Internet Protocol) address of the computer which has loaded the site with an embedded web beacon, URL address of the site, site loading time, type of the browser used, as well as information stored in Cookies in order to assess the effectiveness of Store's advertisements.
9. The exclusive rights to the content posted as part of Services provided through Online Store, in particular copyright, the name of Store, Service Provider's and product manufacturers' trade marks and graphic elements included in them, software and rights related to databases are subject to legal protection and are conferred upon Service Provider or entities that entered into appropriate agreements with Service Provider.
10. Clients may access the Terms and Conditions free of charge at any time by following a link posted on Store's homepage and printing it out.
11. Information on Products in Store, in particular their descriptions, technical and performance characteristics as well as prices, constitute an invitation to enter into an agreement within the meaning of Article 71 of the Civil Code.
12. The information on price provided on Store's website is binding from the moment when Client receives the e-mail referred to in section IV, paragraph 7, point 2 of the Terms and Conditions. This price will not change regardless of price changes in Store that may occur in relation to particular products. If the price of a product in Store is incorrect, Client will be informed about it before receiving the above-mentioned e-mail.
III. Scope, terms and conditions of use of Online Store
1. Service Provider is obliged to provide Services in Store to the extent and on the conditions set forth in the Terms and Conditions.
2. The agreement on providing services by electronic means is concluded upon effective completion and acceptance of the registration form by Client or at all times upon the use of Online Store by Client (in case of lack of Registration). The agreement is concluded for an unspecified period of time
3. The use of specific Services in Online Store may be subject to fees. Information on fees for the use of the above-mentioned services is presented in a manner so that Client can familiarize therewith before using the said services and in respect of the adequate resources of Online Store.
4. Registration in Online Store is performed through the acceptance of the registration form available on one of Store's sites after filling the appropriate fields in the registration form.
5. Service Provider reserves the right to modify the technical aspects of providing Services, according to the scope and conditions resulting from the authorizations held, and also according to available technical means, without diminishing the quality of Services and without impacting the rights and obligations of the Parties.
6. Service Provider does not provide Internet service or other public telecommunications services within the meaning of the Telecommunication Law Act. Client should on their own obtain access to a computer station or a user's device which makes it possible to place Order.
7. Client is obliged in particular to:
a) use Services offered by Service Provider without disturbing their functioning, in particular through the use of specific software or devices;
b) refrain from actions such as: sending to or posting in Online Store unsolicited commercial information, undertake IT operations or any other kind of operations with an aim to access information not intended for Client;
c) use Services offered by Service Provider pursuant to the rules of law applicable in the Republic of Poland and these Terms and Conditions;
d) refrain from providing or submitting content prohibited by applicable law;
e) use Services offered by Service Provider without causing inconvenience to other Clients and Service Provider and with respect for their personal rights (including the right to privacy) and any other rights to which they are entitled;
f) access any Content posted in Online Store only for personal use; The use of Content in a different scope is only acceptable after an authorized person has expressly granted their approval.
8. Client bears the sole responsibility for the actions carried out on their own behalf in Online Store.
9. Service Provider does not conduct wholesale activity in Store.
10. Service Provider may revoke Client's right to use Online Store and place Orders and it may also limit their access to all or any part of resources of Online Store or Services offered therein with immediate effect if Client violates the Terms and Conditions, and in particular if Client:
a) submits personal data that are misleading or infringing to the rights of third parties;
b) infringes personal rights of third parties, in particular the personal right of other Clients;
c) engages in conduct, which violates the rules of applicable law and the Terms and Regulations; and
d) violates the principles of social co-existence, e.g. places Orders and does not pick them up a couple of times, except for the cases referred to in section V of the Terms and Conditions.
11. A person who has been deprived of the right to use Online Store subject to the provisions of section III, paragraph 10 of the Terms and Conditions may not re-register without the prior consent of Service Provider.
IV. Conclusion of Product Sales Agreement through Online Store.
1. Client may order (purchase) selected Product(s), i.e. conclude a distance Sales Agreement for Product(s), through Online Store. Product Sales Agreement is concluded upon the receipt of the e-mail referred to in section IV, paragraph 4, point 2 of the Terms and Conditions by Client.
2. In order to conclude a distance Product Sales Agreement through Online Store, Client visits the website www.selfiestore.pl and selects Product(s) available at Online Store, places Order with an indication of the place of delivery, and carries out further technical actions according to notifications and information displayed.
3. You have to accept the Terms and Conditions in order to be able to place Orders effectively.
4. After placing Order, Client receives — if an e-mail address is given — an e-mail, and in particular:
a) e-mail with a confirmation of the receipt of the order by Store,
b) "Order number XXXXXX/YYYY — order confirmation" confirming all essential elements of Order. The e-mail may be preceded by an attempt to confirm such the order through a phone call. If within 3 (in words: three) working days of receipt of Order,it will not be possible to contact Client by phone, Order may be cancelled.
5. Client has a right to cancel Order before the day of the receipt of the e-mail referred to in section IV, paragraph 4, point 2 of the Terms and Conditions. Within the said time frame Client is entitled to cancel Order and/or place a new Order. To that aim, they should contact Service Provider. Service Provider entitles Client to access the information on Order or to obtain it by phone .
6. Prices of all products are given in Polish zloty and contain all components, included VAT, levy etc. Client has the possibility to pay the purchase price: in case of a Product Sales Agreement concluded through Online Store — in cash upon the receipt of the delivery, by bank transfer or by electronic means through online payment service provider.
7. Transactions by credit card or e-transfer are settled via the Settlement Centre Dotpay.
8. Product Order is scheduled to be processed immediately after Sales Agreement is concluded.
9. After Order is placed and confirmed, Goods are delivered no later than within 10 (in words: ten) days of the day on which Sales Agreement is concluded, unless indicated otherwise next to Goods description.
10. Service Provider may deliver ordered Goods by own transport, courier or to a parcel station indicated by Client. Delivery costs and any possible additional costs are explicitly defined during the ordering process.
11. Information on Product availability is provided at all times next to Product description on Online Store website or during a phone call.
12. Client is entitled to use available services in order to obtain information on the current status of Order from Service Provider.
13. In order to process Order, Client is obliged to submit all data necessary to complete it, i.e. name and surname, address (street name, house number, location and postal code), phone number or other data indicated by Service Provider through Online Store website or during a phone call.
14. Products may be booked and Order placed provided that booked or ordered Products are available. In case of a non-availability of a specific Product, Client is immediately informed about Order cancellation due to lack of Product or necessity to wait longer for Order to be delivered and asked to confirm the intention to continue with Order. In case of a lack of Product or Client's intention to continue with Order, Client will promptly receive reimbursement of payments made.
15. Order delivery date is confirmed in the e-mail referred to in section IV, paragraph 4, point 2 of the Terms and Conditions or during a phone call.
16. Goods ordered may be delivered by Service Provider to the indicated by Client address which is located in the Republic of Poland.
17. Upon the receipt of the consignment, Client should check the parcel and if Client determines that the consignment is:
a) mechanically damaged, or
b) incomplete, or
c) not compliant with Order placed,
Client has a right not to accept the consignment. In this case, please notify Service Provider immediately about the situation so as a new consignment may be prepared.
18. Service Provider, unless it is at fault in this respect, bears no responsibility for Client's lack of possibility to make a payment through online payment service provider.
V. Right to withdraw from Agreement
1. Consumer may withdraw from a distance Product Sales Agreement without cause by submitting the appropriate statement in writing within 14 days (in words: fourteen) days. The above applies to the situation referred to in section IV, paragraph 1 of the Terms and Conditions.
2. Consumer may execute the above entitlement by submitting the statement of withdrawal from Sales Agreement to the following e-mail address: kontakt@selfiestore.pl.
3. The period of 14 (in words: fourteen) days, indicated in section VI, paragraph 1, begins on the day on which Consumer accepted Goods, and in case of additional services agreement, upon the conclusion of the agreement.
4. In case of withdrawal from a distance Product Sales Agreement, an agreement is considered null and void and Client is discharged from any obligations. The consideration provided by Parties is subject to return in the unaltered state, unless the alteration is necessary in the ordinary course of dealings. The return of the consideration should be made immediately, no later than within 14 (in word: fourteen) days.
5. Goods in the unaltered state should be returned to the following address: Selfie Group sp. z o.o., ul. Pastewna 25, 02-954 Warszawa
6. Costs of the package and return are covered by Consumer.
VI. The nonconformity of goods with the agreement.
1. Service Provider, as the seller, is liable to the Consumer for the nonconformity of Goods, purchased by Consumer, with the sales agreement in so far as provided for in the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176 as amended).
2. For the avoidance of doubt, it is represented that nothing in these Terms and Conditions limits Consumer's rights that are vested in them pursuant to the rules of law applicable in the Republic of Poland. If the existence of such a provision is determined, the rules of law applicable in the Republic of Poland apply, in particular the Civil Code, the Act of 2 March 2000 on the Protection of Certain Consumer Rights and the Liability for Damage Caused by Dangerous Goods (Journal of Laws of 2000, No. 22, item 271, as amended) and the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and Amendments to the Civil Code (Journal of Laws of 2002, No. 141, item 1176 as amended).
3. Claims related to the nonconformity of Goods with Sales Agreement or manufacturer's warranty or improper provision of additional Services may be made in writing by sending an e-mail to the following address: kontakt@selfiestore.pl
VII. Complaints on Store operations
1. Service Provider undertakes actions in order to ensure smooth running of Store operations to the extent permitted by current technical knowledge and commits to remove any defects reported by Clients within a reasonable period of time.
2. Client's right— referred to in this section and resulting from the submitted complaint — is related to defects and other irregularities and breaks in operations of Online Store service.
3. When using Online Store, Client may inform Service Provider about any irregularities, defects or breaks in Online Store operations or low quality of Store services. Client may report malfunctioning of Store in writing by sending an e-mail to the following address: kontakt@selfiestoree.pl.
4. Client is entitled to submit the complaint within 7 (in words: seven) days of the day on which Store malfunctioning took place. Complaint submitted after the expiry of the period referred to in the paragraph above is left unprocessed, in which case Service Provider immediately informs Client about it, which is without prejudice to the generally applicable rules of law.
5. Complaints are considered by Service Provider no later than 30 (in words: thirty) days of their filing.
6. The date of the complaint filing is the date of on which Service Provider receives the complaint.
7. Complaint should include Client's name and surname, correspondence address, type of irregularity and date on which the malfunctioning of Store occurred.
8. As soon as the decision regarding the submitted complaint is made, Service Provider will inform Client thereof.
VIII. Liability
1. Service Provider is not liable for technical difficulties or limitations, including data transmission speed, that may occur in the hardware, user's device, ICT system or telecommunication infrastructure used by Client, and which prevent Client from using Online Store and services offered therein effectively.
2. Client bears sole responsibility for ensuring the compatibility of the hardware, user's devices, ICT or telecommunication system used by Client to access Store, and Online Store.
3. Client is liable for any acts or omissions of any other party whom Client allows to use Services as for Client's own acts or omissions.
4. Service Provider bears no liability for any consequences caused by any use of Online Store, which is contradictory to applicable law, the Terms and Conditions or customs accepted in this respect.
5. Service Provider reserves the right to suspend or end services provided in Online Store, especially due to the necessity of conducting maintenance, inspection, or technical base development, provided that the said action is without prejudice to Client's rights.
IX. Other rights and obligations
1. Each Party may terminate the agreement on providing services by electronic means at any time and without cause, subject to the rights acquired by the other Party before termination of the said agreement and provisions below.
2. Registered Client terminates the agreement on providing services by electronic means by deleting Account independently, i.e. submitting a request for its deletion or request for the deletion of Service Provider's Account, whereas if the submitted request refers to Service Provider's Account, the agreement is terminated after the period of notice of 5 (in words: five) days.
3. If Service Provider intends to terminate the agreement on providing services by electronic means, it will inform Client by an e-mail notification sent to the e-mail address indicated by Client during Registration process within 14 (in words: fourteen) days prior to the planned deletion of Client's Account.
4. Service Provider has a right to terminate Service with immediate effect if Client violates any provision of these Terms and Conditions and in case of unsuccessful calling on Client to cease the said violations within 1 (in words: one) working day.
X. Disputes
1. Any potential disputes arising between Service Provider and Client, who is a Consumer, are heard by the competent court of law in accordance with the appropriate provisions of the Code of Civil Procedure.
2. Any potential disputes arising between Service Provider and Client, who is not a Consumer, are heard by the competent court of law having jurisdiction where the registered office of Service Provider is located.
3. Any disputes concerning complaints arising between Service Provider and Client, who is a Consumer could be resolved by using extrajudicial method of complaint. Consumer can submit their complaint via the EU website platform ODR, available at: http://ec.europa.eu/consumers/odr/.
by Mazowiecki Wojewódzki Inspektor Inspekcji Handlowej w Warszawie.
XI. Transitional and Final Provisions
1. If any provision of these Terms and Conditions is held or becomes ineffective or invalid according to the applicable law, this shall not affect the validity or enforceability of any other provision thereof. In place of the invalid provision, a valid provision applies which corresponds closely to the objectives of the invalid provision and the whole Terms and Conditions.
2. Product Sales Agreement may be concluded solely and exclusively in Polish language. In any matter not covered by these Terms and Conditions, the rules of law applicable in the Republic of Poland apply, in particular the Civil Code, the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002, No. 144, Item 1204, as amended) and the Act of 4 February 1994 on Copyright and Related Rights (consolidated text of 17 May 2006, Journal of Laws of 2006, No. 90, Item 631, as amended).
3. Service Provider reserves the right to amend the Terms and Conditions. The amendments to the Terms and Conditions come into effect on the date they are explicitly indicated and posted on Online Store website, provided that Orders placed or Bookings made before the amendments come into effect are processed according to the provisions applicable hitherto. Registered Clients are informed about the amendments and the possibility to accept them upon the first signing in to Online Store after the date of entry into force of the amendments. Refusal to accept the amendments to the Terms and Conditions constitutes termination of the agreement on providing services by electronic means.
4. The current Terms and Conditions are published on Online Store website and provided to Client (by electronic means) free of charge at any time upon Client's request.
5. The Terms and Conditions come into effect as of 14 July 2014.