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Regulations
TERMS AND CONDITIONS OF THE ONLINE STORE 
 
§1
 
General provisions

1.  The online store is available on the website at www.awakeforkids.pl and is run by Awakeness Evergreen Sp. z o. o. with its registered office in Warsaw, Poland, 04-213 Warsaw, ul. Rożnowska 22/41, with the NIP number 113-307-06-49, and the REGON number 52304761400000.

2.  These Regulations define the rules for the processing of data described in the Privacy Policy , the use of the Online Store, in particular the rules for concluding product sales contracts through it, performance of these contracts and conducting complaint proceedings. Information about the goods that you can buy in the store is an invitation to conclude a sales contract within the meaning of the relevant provisions of law, in particular art. 71 of the Civil Code.

3.  All trademarks and company names, photos, designs, layout of the Store, product descriptions and other elements thereof are subject to copyright and may not be copied or used without permission.

4.  Whenever the following terms are used in these Regulations, they should be understood as follows:

1)  Administrator of personal data of the Online Store - Awakeness Evergreen Sp. z o. o. with its registered office in Warsaw, 04-213 Warsaw, ul. Rożnowska 22/41, with the NIP number 113-307-06-49, and the REGON number 52304761400000. The administrator processes personal data in accordance with the established  Privacy Policy .

2)  Order processing time - the number of working days needed by awakeforkids.pl to complete the order placed by the Customer in the Online Store and its delivery via the postal operator or courier to the address indicated by the Customer in the Order;
 
3)  Working days - days of the week from Monday to Friday, excluding all days that have been indicated in separate legal provisions as non-working days;
 
4)  Consumer - a customer who is a natural person, making a legal transaction with awakeforkids.pl, not directly related to his (consumer's) business or professional activity.
 
5)  awakeforkids.pl – Awakeness Evergreen Sp. z o. o. with its registered office in Warsaw, 04-213 Warsaw, ul. Rożnowska 22/41, with the NIP number 113-307-06-49, and the REGON number 52304761400000.
 
6)  Regulations - these Regulations of the Online Store, available on the website awakeforkids.pl and at the registered office of awakeforkids.pl;
 
7)  Online Store / Store - an online store run by awakeforkids.pl available on the website www.awakeforkids.pl
 
8)  Customer - a natural person who is over 13 years of age, however, if he is under 18, the consent of his legal representative is required, unless he has full legal capacity, a legal person or an organizational unit without legal personality, who uses the Online Store, and in particular makes purchases in the Online Store in accordance with the rules set out in these Regulations;
 
9)  Order - a declaration of will expressed by the Customer via the Online Store to click "Order", which is tantamount to submitting a purchase offer, in response to which the store confirms its implementation, which is tantamount to concluding a sales contract for the products that are the subject of the order (included in the Offer Online Store at the time of placing the Order), specifying their type, quantity, personal data of the Customer, form of payment and the method and place of delivery of the products.
 
§2
 
Terms of use of the store

1. awakeforkids.pl provides  the following services electronically:

  1. providing the possibility for the Customer to set up an individual account in the Online Store, allowing the Customer to make purchases of products and use other services offered in the Online Store;
  2. enabling the Customer to purchase products in the Online Store without registering an individual account;

2.  Account registration in the Online Store is voluntary and free of charge.

3.  The contract for the provision of services of setting up and maintaining an individual account in the Online Store is concluded when the Customer completes the registration form, accepts the Regulations and consents to the processing of personal data by awakeforkids.pl and confirms the will to set up an individual account in the Online Store by pressing the create icon account.

4.  Before registering an individual account in the Online Store, the Customer should read these Regulations carefully.

5.  After registering an individual account in the Online Store, the Customer may log in to the Online Store by providing the e-mail address and password indicated during registration, if the Customer does not remember the password, he can use the password reminder by entering the e-mail address that he provided during account registration.

6.  The customer may delete his account in the Online Store at any time and without giving any reason. As a result of deleting the account, the contract for the provision of services providing the Customer with an individual account in the Online Store is terminated.

7.  In order to delete an individual account in the Online Store, a request to delete the account should be sent to awakeforkids.pl via e-mail to the address: shop@awakeforkids.pl or in writing to the postal address of awakeforkids.pl .

8.  To use the services offered in the Electronic Store and to browse the content of the Online Store, place orders and use an individual account in the Online Store, the following minimum technical conditions must be met:

  1. Having a multimedia device with access to the Internet;
  2. Having an up-to-date version of the web browser and disabled content blockers on the website, e.g. AdBlock
  3. Having an active e-mail account;

9.  The customer undertakes to:

1)  use the Online Store in a manner that does not violate the law or the provisions of these Regulations;
2)  use the Online Store in a way that does not violate the rights of third parties, good manners or principles of social coexistence;
3)  use the Online Store in accordance with its intended purpose and in a way that does not interfere with its functioning;
4)  exercise due diligence in defining the password and login in the Online Store, as well as maintaining their confidentiality. Awakeforkids.pl may terminate the contract for the provision of the service of maintaining an individual account in the Online Store with a 14-day notice period in the event of a violation of the rules referred to in par. 9 above.

10.  Termination of the contract for the provision of the service of maintaining an individual account in the Online Store is sent to the Customer to the e-mail address currently indicated in the Online Store. Awakeforkids.pl is not responsible for the consequences of providing login details in the Online Store to third parties.

§3
 
Placing orders and concluding a sales contract

1.  Before submitting a purchase offer for a product available in the Online Store, the Customer is obliged to carefully read these Regulations. By confirming the order in the Online Store, the Customer makes a statement that he has read the content of these Regulations and accepted the provisions contained therein, and that he allows awakeforkids.pl to process his personal data in order to complete the order.

2.  The provision of electronic services by awakeforkids.pl in the scope of enabling customers to submit purchase offers for products available in the Online Store via the Online Store is free of charge and is of a one-off nature. The service ends immediately after the order is completed.

3.  Purchase offers for products available in the Online Store can be submitted 24 hours a day, 7 days a week, throughout the year, excluding the period of technical and maintenance breaks. Purchase offers submitted on non-working days will be processed on the first working day from the day on which the order was placed. Awakeforkids.pl accepts purchase offers via the Online Store in such a way that the Customer browsing the content of the Online Store, after selecting the product and accepting its price, automatically adds it to the order form available in the basket tab  after  activating it or pressing  the go to basket button .

4.  After accepting the products in the order form, specifying their number, choosing the form of payment and delivery method of the products and finally accepting the total price of all products, the Customer may make a purchase offer by pressing the button I confirm the purchase (Order)  and provide his data necessary to deliver the purchased product.

5.  In the order form, the Customer's name and surname, telephone number and e-mail address, address details of the recipient of the Order should be indicated

6.  After submitting the purchase offer via the order form, the Customer will receive via e-mail, to the address indicated in the order form, confirmation of the acceptance of the purchase offer by the store for your order. The said confirmation will include a list of ordered products along with their unit prices, total price, shipping costs as well as the method and estimated time of delivery.

7.  The basic condition for the execution of the order is the correct completion of the order form by the Customer. The information you provide to us when placing an order should be truthful, current and accurate and should not indicate attempts to disrupt the operation of the store. In the event of any ambiguities regarding the data provided by the Customer, awakeforkids.pl may refuse to process the order, however, it will immediately attempt to contact and notify the Customer in accordance with the information provided in the order form.

8.  After receiving the purchase offer and prepayment, we will inform you about submitting it for verification in the warehouse, and then we will send an e-mail in which we  will confirm the execution of your order or in exceptional situations we will refuse to accept your offer to purchase Goods from the Store and indicate the reasons refusal and we will immediately refund the prepayment if it has been made and the data provided in the purchase offer allow it. Remember that before receiving a message confirming the acceptance of the order for execution, you can cancel it at any time by contacting the store by phone.

9. The contract for the sale of the Goods selected by you will be concluded on the terms described in these Regulations at the time of confirmation of the order by the store in response to your purchase offer.

10. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.

 

§4
 
Product prices

1.  All prices in the Online Store are given in Polish zlotys and include VAT in the applicable amount.

2.  The total price of products ordered in the Online Store is increased by the cost of shipping, depending on the chosen method of delivery and payment method.

3.  The price given for each product in the Online Store is binding at the time the Customer submits a purchase offer. Awakeforkids.pl reserves the right to change the prices of products in the Online Store, introduce new products to the Online Store and carry out promotional campaigns and grant discounts.

4.  Changes in product prices in the Online Store referred to in par. 4 above, does not affect the prices of products in orders placed before the date of entry into force of the price change, promotion or sale conditions.

 
§5
 
Payment methods

1.  Payments for ordered products can be made as follows:

Cashless before collecting the ordered product, with the participation of  the Shoper service - online payments. The entity providing online payment services is Blue Media SA NIP 5851351185

2. A detailed list of all payment options for the ordered products, including all related costs, is available on the Online Store website in the Payments tab

3. Available payment methods that can be used to make a payment:

Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro

4. If it is necessary to return funds for a transaction made by the customer with a payment card, the seller will refund to the original bank account assigned to the payment card of the Ordering Party.

 5. We expect 3 days to make the payment  - after this time, in the absence of payment, the order will be marked as canceled.

 

§6
 
Product Delivery Terms

1.  The ordered products are delivered to the indicated address in Poland, in accordance with the Customer's request expressed in the order form, via a courier company or a postal operator. Awakeforkids.pl does not ship products outside the European Union.

2.  The costs of shipping the ordered products are borne by the Customer, of which he is informed when accepting the placed Order.

3.  The cost of delivery of the products and the total delivery time of the order depend on the form of product delivery chosen by the Customer.

In the case of card payments, the order processing time is counted from the moment of obtaining a positive authorization.

4.  The Customer is informed about the delivery costs in a clear manner, before placing the Order, in the order form on the Online Store website, after choosing the form of delivery.

5.  Each product sent is accompanied by a proof of purchase and information about the right to withdraw from the contract, along with a template of the Return Form facilitating withdrawal from the contract, and information about the possibility of making a complaint, along with a template of the Complaint Form . The templates of the forms are only examples and are not binding for the Customer.

6.  If the Customer submits a request for a VAT invoice, he also agrees to receive a VAT invoice without a signature. Awakeforkids.pl recommends that the Customer check whether the packaging has not been damaged in transport before receiving the postal or courier shipment. In the case of visible damage, the Customer should not accept the shipment and in the presence of a postal worker or courier, draw up a damage report and immediately contact awakeforkids.pl.

 

§7
 
Complaints and warranty

1. Awakeforkids.pl declares that the products in the Online Store are brand new, original and meet the conditions specified in the specification of each product. Awakeforkids.pl is obliged to deliver the ordered products to the Customer without physical and legal defects and bears full responsibility in the event of such defects, in accordance with the provisions of the Civil Code.

2.  Complaints regarding product defects can be submitted to awakeforkids.pl, directly at its registered office, via e-mail to the address shop@awakeforkids.pl or in writing to the postal address Awakeness Evergreen Sp. z o. o., provided in the returns and complaints tab .

3.  It is recommended that the complaint should include in particular: the Customer's name and surname, correspondence address to which the response to the complaint is to be sent, e-mail address, order number, if the Customer wishes to receive an answer by e-mail, date of purchase of the product, type of the product being complained about, a detailed description of the defect and the date of its discovery, the Customer's request as well as an indication of the Customer's preferred method of responding to the complaint, bank account number for the refund. The customer does not have to use the template of the complaint form provided by Awakeforkids.pl .

4.  In the event of receiving a defective product, the Customer is entitled to demand a price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the Customer replaces the defective product with a defect-free one or removes the defect.

5.  The details of the complaint procedure are specified in the Returns and Complaints tab  Awakeforkids.pl will respond to the complaint immediately, but not later than within 14 days from the receipt of the complaint from the Customer.

6.  In the event of any deficiencies in the submitted complaint, Awakeforkids.pl will ask the Customer to supplement them in accordance with the address data indicated in the complaint.

7.  awakeforkids.pl is the party responsible under the warranty for physical defects that existed at the time of concluding the sales contract or resulted from a reason inherent in the item sold - for a period of 2 years.

8.  The consumer may use extrajudicial means of dealing with complaints and pursuing claims. In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR online platform, available at: https://ec.europa.eu/consumers/odr/ 

 

§8
 
Right of withdrawal

1.  Pursuant to Art. 27 of the Act on Consumer Rights of May 30, 2014 (Journal of Laws of 2014, item 827), the consumer has the right to withdraw from the contract concluded remotely within 14 days from the moment of delivery of the product, without giving reasons and incurring costs, with the exception of the costs specified in Art. 33, art. 34 sec. 2 and Art. 35 of the Act in question.

2.  The 14-day period referred to in sec. 1 is counted from the date on which the Product was delivered or in the case of a contract for the provision of services from the date of its conclusion.

3.  The right to withdraw from a distance contract referred to in par. 1 above, the Consumer is not entitled to speech in which the subject of the service are sound or visual recordings or computer programs delivered in a closed package, if the package was opened after delivery.

4.  A statement of withdrawal from the contract should be submitted to awakeforkids.pl, directly at its registered office, via e-mail to the address shop@awakeforkids.pl or in writing to the postal address Awakeness Evergreen Sp. z o. o., provided in the returns and complaints tab .

5.  In the event of withdrawal from the contract, the Consumer is obliged to return to awakeforkids.pl the product together with the elements that he received free of charge, immediately - but not later than within 14 days from the date on which he informed awakeforkids.pl about the withdrawal from the contract. To meet the deadline, it is sufficient if the Consumer sends the goods before the expiry of the 14-day period to the address awakeforkids.pl.

6.  The consumer is obliged to bear the direct costs of returning the goods.

7.  In the event of withdrawal from the contract, awakeforkids.pl shall immediately, but not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, return to the Consumer all payments received from him, including the costs of delivering the goods, with the exception of additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by awakeforkids.pl.

8.  The refund to the Consumer will be made by awakeforkids.pl by bank transfer to the customer's account. In no case will the Consumer incur additional costs related to this return. Awakeforkids.pl may withhold the reimbursement of payments received from the Consumer until receipt of the goods back or delivery by the Consumer of proof of sending back the goods, depending on which event occurs first.

9.  The consumer is responsible for the decrease in the value of the item as a result of using it in a different way than was necessary to establish the nature, characteristics and functionality of the item.

10.  Details of the procedure in the event of withdrawal from the contract by the Consumer are specified in the Returns and Complaints  tab on the Online Store website.

 

§9
 
Out-of-court methods of dealing with complaints and pursuing claims

1.  Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection , Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection at the Internet addresses:

2.  The customer who is a consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:

  1. The customer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
  2. The customer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodship inspector of the Trade Inspection is available at the offices and on the websites of individual Voivodship Inspectorates of the Trade Inspection. 
  3. The Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumers Association at the email address: advice@dlakonsumentow.pl.

 

§10

newsletter

1.  The customer has the option of agreeing to receive the Newsletter provided by awakeforkids.pl in the Online Store. The Newsletter is sent only to Customers who have ordered the Newsletter by checking the appropriate box in the Registration Form, Order Form or Newsletter Form and have agreed to receive commercial information to the provided e-mail address within the meaning of the Act of 18 July 2002 on the provision of electronic services (consolidated text, Journal of Laws of 2013, item 1422).

2.  The newsletter contains in particular information about the product offer in the Online Store and current promotions.

3.  The newsletter is sent free of charge in the form of an irregular subscription.

4.  Consent to receive the Newsletter is granted indefinitely, with the proviso that the Customer may at any time, without giving any reason and without incurring costs, change the indicated e-mail address to which the Newsletter is sent or unsubscribe from the Newsletter using the link placed in the footer of each Newsletter, or by re-entering the given email address into the newsletter form and saving the resignation from receiving the newsletter by confirming it with the  Save button . If in doubt, please contact us.

§11
 
Protection and processing of personal data
 
1.  Personal data provided by the Customer when registering or placing an order for products are processed by awakeforkids.pl, which is the administrator of personal data.

2.  An element necessary for the registration or for placing an Order for a product is the provision by the Customer of his personal data, marked as obligatory, and the Customer's consent to the processing of his personal data provided during registration or placing an order. Providing personal data that has been marked as mandatory is voluntary but necessary in order to register or fulfill the product order. Providing personal data that has not been marked as mandatory is completely voluntary.

3.  Consent to the processing of personal data is given by the Customer by checking the appropriate box during the registration or ordering procedure.

4.  The collected personal data is not made available to third parties, except for the transfer of data to entities participating in the execution of the order in order to maintain the online store, make payments and deliver the ordered products to the Customer, listed in §6 para. 1. When the payment for the ordered product is made by the Customer in advance, his data is also transferred to the entity through which the transaction is settled. The amount and type of data transferred is limited to the necessary minimum.

5.  The customer has an unlimited right to access their personal data and to correct them, as well as to obtain full information whether and to what extent their personal data is processed, as well as information about the purpose and scope of processing their personal data. For this purpose, he should contact awakeforkids.pl directly at its registered office or by post - or via e-mail to the following address: shop@awakeforkids.pl. Awakeforkids.pl as the administrator of personal data, may entrust another entity, by way of an agreement concluded in writing, with the processing of personal data, in accordance with art. 31 of the Act of August 27, 1997 on the protection of personal data.

 

§12
 
Cookies

1. Awakeforkids.pl uses cookies in the Online Store, which are saved in the Customer's ICT system when browsing the Online Store, which allow for later identification of the Customer in the event of reconnection to the Online Store from the device on which they were saved.

2.  Cookies   are used on the Website with the consent of the Customer .

3.  The Customer of the Website may at any time limit or disable  cookies  in his browser by setting it to block  cookies  or warn the Customer against saving a  cookie file  on the device he uses to view the content of the Online Store. However, this may cause the Online Store to operate less efficiently and the Customer will be deprived of access to some content available in the Store.

 

§13
 
Final Provisions

1.  These Regulations are a publicly available document, posted on the website of the Online Store in the  Regulations tab, located at awakeforkids.pl in a form that allows you to obtain, reproduce and record its content using the ICT system used by the Customer, as well as free of charge at the registered office of awakeforkids.pl.

2.  The information and price lists posted on the Online Store website, relating to the products presented in the Online Store, do not constitute an offer within the meaning of the Act of 23 April 1964. Civil Code (consolidated text, Journal of Laws of 2014, item 121 of later amended).

3.  Agreements concluded in the Online Store are concluded in Polish.

4.  The content of the contract concluded via the Online Store is recorded, secured and made available by sending the content of the concluded contract to the Customer's e-mail address provided as part of the transaction made in the Online Store. Awakeforkids.pl reserves the right to change the content of these Regulations on the following terms:

1)  Information about any changes to the Regulations will be published on the website of the Online Store together with the new consolidated text of the Regulations and a list of recent changes to the Regulations.
2)  Each Customer who has registered in the Online Store will also be informed about the content of amendments to the Regulations by e-mail to the address indicated in the registration form.
3)  Information about changes to the Regulations will be made no later than 14 calendar days before the changes to the Regulations come into force.
4)  The amended Regulations will be binding on the Customer who has registered in the Online Store, unless he has submitted a statement of termination of the contract for the provision of services in the Online Store within 14 calendar days from the date of receipt of information about the amendment to the Regulations.
5)  If these Regulations are amended, all contracts concluded before the date of entry into force of the amendment to the Regulations will be implemented in accordance with the Regulations in the wording applicable on the date of conclusion of the contract.

 

5.  In matters not covered by these Regulations, the provisions of Polish law shall apply.



End.

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