TERMS AND CONDITIONS
OF SELSEYLIVING.CO.UK (ONLINE SHOP)
These regulations specify the rules for the submission and execution of orders through the website operating under the URL: www.selseyliving.co.uk
Terms used in these Regulations have the following meaning:
a. Vendor - Selsey Poland Sp. z o.o (Ltd.) based in Wroclaw (54-139) at ul. Hutnicza 62/8, entered into the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, VI Economic Division of the National Court Register, under KRS number 0000479465, NIP 894-304-87-92, number : +48 720 801 101 from Mon. to Fri. hours 9: 00-17: 00, excluding public holidays, e-mail: [email protected]
b. Online Store - an online store run by the Seller at the following URL: www.selseyliving.co.uk;
c. Purchaser - A natural person who has the legal capacity, legal person or organizational unit not being a legal person, the provisions of which grant special legal capacity, placing orders with the Online Shop;
d. User - any person using the Online Store website;
e. Goods - new furniture and accessories offered by the Seller for retail sale in Online Store;
f. Price - gross price of the Goods placed next to information about the Goods, but not taking into account the costs of delivering the Goods to the Purchaser;
g. Order - a set of Goods to be supplied to Purchaser in accordance with these Terms and Conditions;
h. Goods' Site - sub-site on the Online Store's website, which shows detailed information about the Goods;
i. The Sales Agreement - a contract of sale of the Goods within the meaning of the Act of 24 April 1964 of Civil Code (Journal of Laws of 2014., item 121, as amended.), concluded between the Vendor and the Purchaser, with the use of the Online Store's website;
j. Purchaser's Account - a tool available in the Online Store's system, after entering an e-mail address (Login) and Password, allowing, among others, checking the stage of orders' completion, view order history, edit the contact details of the Purchaser and changing passwords, etc.;
k. Login - the e-mail address specified by User when registering to Online Store, required, along with the Password, to open a Purchaser's Account;
l. Password - a string of letters, digits, etc., selected by the User when registering to Purchaser's Accounts, which are used to secure access to the Purchaser's Account;
m. Consumer - a natural person entering with an entrepreneur a legal action not directly related to its business or professional activity, as defined in Article 22 (1) of the Act of 24 April 1964 of Civil Code (Journal of Laws of 2014, item 121, as amended);
n. Act - the Act of 30 May 2014. on Consumer Rights (Journal of Laws of 2014, item 827);
o. Terms and Conditions - these Online Store regulations.
II. GENERAL PROVISIONS
1. Submitting Orders for Goods offered in the Online Store and execution of Orders takes place on the basis of these Terms and Conditions and generally applicable law.
2. The number of Goods offered as promotional merchandise or subject to bargain sales is limited. Execution of Orders for such goods takes place in the order in which they were filed by Purchasers until stocks are exhausted.
3. The information given on the Online Store website does not constitute an offer within the meaning of the Act of 24 April 1964 of Civil Code (ie. Journal of Laws of 2014, item 121, as amended). They constitute only an invitation to tenders by the Purchasers.
4. All prices quoted in the Online Store are expressed in Polish zloty (PLN) and are gross prices (including VAT).
5. All the goods offered for sale in the Online Store website are brand new and free from physical and legal defects. Colours of leather, fabric and other elements, presented in the pictures on Goods' Sites, may slightly differ from the real ones. The dimensions of furniture, indicated on Goods' Sites, may, within the limits set by Polish norms, slightly differ from reality. Purchaser is asked to take these into consideration when pacing an Order.
6. It is forbidden to use this Online Store www.selseyliving.co.uk by Purchasers, Users or third parties to send unsolicited commercial information (the so-called spam) within the meaning of the Act of Rendering Electronic Services of 18 July 2002 (Journal of Laws of 2013, item 1422), and to use the Online Store website illigally, contrary to public morality, violating the personal rights of third parties or the legitimate interests of the Vendor.
7.Using the Online Store requires from the Purchaser the following equipment:
a. PC or other devices with Internet access;
b. Internet access;
c. web browser, eg. Firefox, Internet Explorer or Google Chrome;
d. active e-mail address
8. A direct contact with the Vendor is possible by phone, e-mail or via the contact form available on the Online Store website under the tab CONTACTS. All contact details of the Vendor are given in these Terms and Conditions and on the Online Store website under the tab CONTACTS.
III. ELECTRONICALLY RENDERED SERVICES
1.The electronically rendered services under these Terms and Conditions consist in allowing Users to make purchases in the Online Store, in particular with the use of Purchaser's Accounts, as well as in providing the 'Newsletter' services and 'Customers' Reviews' services. These services are provided 24 hours a day, 7 days a week. These services are rendered for Users free of charge.
2.Using 'Purchaser's Account' service requires the User to register in accordance with the provisions of these Terms and Conditions.
3.Using the 'Newsletter' service is possible by any User who, when registering to Purchaser's Accounts, will mark and thus activate the appropriate box in the Order form or enter an e-mail address in the appropriate box provided by the Vendor on the Online Shop website under the tab NEWSLETTER.
4. 'Customer Reviews' service enables the User to post on the Goods' Site, via the form made available by the Vendor, personal and subjective opinion on the Goods. The User does not receive any remuneration or other benefits from the Vendor for using this service.
5.By placing content on the Online Store's website, the User makes a voluntary distribution of content posted. If in doubt, it should be assumed that the Vendor only provides the User with the appropriate computing resources for sharing and distributing content, but the content should not be equated with the views of the Vendor.
6.Every User is responsible for the content they posted and shared through the use of services supplied electronically by the Vendor.
7.Users may not post content that could in any way violate the personal rights of third parties or the Vendor, or violate any other rights of third parties, including copyright and related rights, industrial property rights, company secrets. The Users are also forbidden to publish any content that is offensive, violating decency, laws or social norms, or any contents containing personal data of third parties without their consent, as well as advertising content.
8.Conclusion of an agreement for rendering electronic services is equivalent to submitting by the Purchaser statements of following content:
a. I begin to use the service voluntarily,
b. data used in the contact form are true and do not infringe the rights of third parties.
9.The contract for rendering electronic services by the Vendor is concluded for an indefinite period. The User may terminate the agreement at any time. The Vendor may terminate the agreement for rendering electronic services with a 14-days' notice. Termination of the agreement for rendering electronic services by any party, as well as its termination by mutual consent is equivalent to removing Purchaser's Accounts.
10. Resignation or termination by mutual consent of the parties of the contract for rendering electronic services will not affect the execution of already concluded sales' contract, unless the parties agree otherwise.
11. The Vendor may terminate the agreement for rendering of electronic services with 7 days' notice if:
a. he purpose of registration or the use of the services is obviously contrary to the principles and objectives of the Online Store;
b. User's activity is contrary to the social norms, incites violence or crime, and if it violates the rights of third parties,
c. Vendor received official notice of an unlawful nature of the data provided by the Purchaser or activities related to those data,
d. Vendor received a reliable information about an unlawful nature of the data provided or activities related to those data and previously informed the Purchaser of the intention to prevent access to the Purchaser's Account,
e. Purchaser or User transmits unsolicited commercial information;
f. Purchaser or User, in flagrant or persistent manner, violates the provisions of these Terms and Conditions;
g. address details given by the Purchaser raise reasonable doubts as to their accuracy or conformity with the truth. and these doubts can not be solved through telephone contact or via e-mail.
12. User may at any time resign from receiving the free newsletter. If it's the case, the User should click on the link received in each message for unsubscribing from the newsletter or contact the Vendor.
13. User may at any time resign from the 'Customer Reviews service free of charge. This resignation consists in no longer adding comments about the Goods on the Online Store website.
14.The User may file a complaint regarding services provided electronically by the Vendor. The User is asked to send a complaint containing User Login and a brief description of the issue to the Vendor's e-mail address or in writing to the Vendor's address.
15. All complaints are investigated within 14 days of lodging a complaint, in accordance with applicable regulations. The User will be informed by the Vendor about the manner of its examination.
IV.ORDER AND CONCLUSION OF SALES CONTRACT:
1.Submission of orders and conclusion of the Sales Contract is conditioned by the correct fulfillment of the Order form by the Purchaser (in particular, providing personal data, delivery address, telephone number and e-mail address, required in the form), indicating the chosen method of delivery and payment, and sending correctly filled Order from the Online Store's panel of purchases, as well as confirming that the Purchaser has read the Terms and Conditions of the Online Store.
2.When placing Orders, the Purchaser may, but need not register with the Online Store and create a Purchaser's Account, so that there is no need to give personal data (referred to in paragraph 1 hereof) again with subsequent orders. Registration is free of charge and voluntary. Username and Password are confidential. The Purchaser using the Login and Password is asked to keep this information confidential. Client password is not known to the Vendor.
3. Purchaser is asked to make immediate update of the data provided during the registration process, using the form available in the Purchaser's Account.
4. Each User can have only one Purchaser's Account in the Online Store. Purchaser's Account is non-transferable, the User may not use other Purchasers' Purchaser's Accounts and share the Purchaser's Account, including Login and Password with third parties.
5.In order to place an order in the Online Store, Purchaser is asked to perform the following activities:
a. make a choice of the Goods that is to be purchased, the amount of the Goods and selection of specific parameters specific to the Goods from those available on the Goods' Site (eg. the type of material, colour of the material, right / left hand layout, color of furniture, lighting / non-lighting), and then click 'Add to Cart' button.
b. choose a method of delivery and method of payment and click on the 'Add Address';
c. the introduction of personal data: name, surname or company name, telephone number, e-mail address and delivery address of Goods and, upon Purchaser's request, the data for the invoice, the introduction of personal data and Order delivery data, and, if the Purchaser does not have a Purchaser's Accounts and wants to create one, an introduction of the Login and Passwords and confirmation that the Purchaser is familiar with the provisions of the Terms and Conditions by selecting this option in the Order panel, entry of any comments directed to the Vendor in the appropriate field for this purpose, and a click on the button 'Proceed'.
d. choose the method of delivery of Goods, payment method and and click 'proceed to checkout' button;
e.in order to complete the submission of an Order, after verification of data and information entered by the Purchaser to submit an order, and their possible modifications if a mistake occurred, click "Place an order with obligation to pay"
6.It is possible also to place orders via email: [email protected] In this case, the Purchaser is asked to provide personal data necessary to carry out orders referred to in paragraph. 5. point c. above. In the case of orders submitted via e-mail, to the effective conclusion of the sale it is necessary for the Vendor to confirm the content of the proposed Sales Agreement by sending it to the Purchaser's e-mail address.
7.Each order is confirmed by the Vendor via e-mail. In the absence of contact with the Purchaser due to incorrect phone number and invalid e-mail address, the Order will be cancelled within 14 days from the date of placing the Order. The Sales Agreement is deemed concluded when the Order is given its number. The Sales Agreement is concluded in Polish.
8. By submitting the Order, the Purchaser is bound by the Terms and Conditions from the moment of placing an Order. Vendor does not specify a minimum value of orders in the Online Store.
9. The content of the Sales Agreements concluded by means of the Online Store is stored by the Online Store system for a period of 12 months from the date of concluding each Sales Agreement, and the content of these agreements is available only to parties to these Sales Agreements. Each Purchaser, after logging to the Purchaser's Account, has access to all of their Sales Agreements concluded via the Online Store for a period they are being stored in a computer system, as mentioned in the first sentence of this paragraph.
V. METHODS OF PAYMENT, COSTS OF DELIVERY:
1.The Online Store allows the following methods of payment:
a. a prepayment on Vendor's account through bank transfer after confirmation of the Order by the Vendor;
b. 'COD', ie. paid with cash on delivery to the courier.
2.If the prepayment method is chosen, the payment for ordered Goods and costs of delivery should be made to account number indicated in the mail confirming the order. Payment must be made within 7 days from the date of confirmation of the Order. The payment of an incorrect amount can extend the time of fulfilling the contract.
3.With the Order of value exceeding 1000PLN, the Purchaser is asked to make an advance payment towards the price in the amount of 50% of price, but not less than 500 PLN. Purchaser is obliged to pay the remaining amount within:
a.2 days from the date of receipt of the information from the Vendor that the Goods are ready for shipment - in the case of selecting 'in advance payment' method, or
b.upon delivery – in the case of 'cash on delivery' method;
4. The execution of Orders starts with the moment the payment or advance payment is credited to the Vendor's bank account stated in the confirmation of Order - in the case of payment via bank transfer; or at the moment of placing an Order - in the case of 'COD' payment method.
5. The Orders placed in the Online Store are sent via courier company. The courier does not bring Goods weighing more than 30 kg to the apartment or house, the Purchaser is therefore invited to provide their own appropriate number of people needed to collect the Goods.t. At the customer's request it is possible to provide an extra charge assistance in carrying the ordered Goods.
6.The total cost of delivery comprises of transport, packaging and logistics costs. Costs of delivery depend and the type of package depend on the dimensions and weight of the ordered Goods. The cost of delivery for every Order is calculated automatically when placing orders - after placing the Goods in the cart, the cost of delivery is displayed. The cost of delivery is always visible under the price of each Godds on the Goods' sub-site. When the cost of delivery amounts to 0,00 PLN, it means that delivery is FREE and Purchaser pays only the price of the Goods.
7. Detailed information on delivery costs can be seen in the 'Delivery and ITS COST' tab on the Online Store website.
8. Vendor reserves the right to charge the Purchaser with shipping costs, including return shipping, in case of failure to collect the ordered Goods or giving an incorrect address in the Order form. However, if the Purchaser is a consumer, the provisions of this paragraph shall not apply in the case of fortuitous events or cases not attributable to the consumer or for which the consumer bears no responsibility.
9. Upon delivery of goods by courier, the Purchaser is asked to check, in the presence of a courier, if the parcel has not been damaged in transport, whether it is intact, and in accordance with the Order. This is a free of charge service, ensuring the highest quality of service. If the parcel is damaged, incomplete or not in accordance with the Order, the Purchaser is asked not to accept the consignment and immediately report this fact to the Vendor.
VI. EXECUTION OF ORDERS:
1. The Online Store carries out orders in the Republic of Poland and Member States of the European Union. If the address of delivery, choosen by the Purchaser, is outside the Republic of Poland, the cost of shipment depends solely on the weight of the package and country of the addressee, so the Purchaser is asked to contact the Vendor - [email protected] determine the detailed terms of the Sales Agreement and delivery costs prior to placing an Order.
2. The binding price for a given Order is the one applicable at the time of placing the order;
3. Placing Orders in Online Store is possible 24 hours a day, 7 days a week, but the Vendor does not fulfill Orders on public holidays, in accordance with applicable regulations.
4. The turnaround time is given for each Goods on the Goods sub-site separately and depends on the time set by a given Goods' manufacturer. Some of the Goods are manufactured on "special order", eg. if the Purchaser chooses upholstery colour, upholstery material colour, in those cases the time of their fulfillment is agreed individually with the Purchaser. Orders are fulfilled after the payment for order is credited on Vendor's account, in case of prepayment, or after the date of submission of the Order, in the case of the'COD' payment method, subject to the provisions of paragraph. 6. below.
5. The fulfillment of Orders depends on the availability of goods in the warehouse of the Vendor and their suppliers; if the Order comprises of Goods currently, the Vendor shall promptly inform the Purchaser via e-mail or by telephone. Purchaser shall have the right to cancel the whole Order or the item that is unavailable, or to agree to extend the term of fulfilling the Order, or to carry out Order in parts, or agree to exchange the Goods for another item with similar properties and Price .
6. Vendor reserves the right to refuse to process Orders and cancel Orders when:
a. Order form is filled incorrectly, and the Vendor cannot contact the Purchaser in order to verify their contact details;
b. The Purchaser has not paid the required amount to Vendor's account within the period specified in the Terms and Conditions (in case of prepayment method) or has refused to collect the parcel.
8. If the Purchaser is not a consumer, the Vendor reserves the ownership of the Goods until payment is made, in accordance with the provisions of these Terms and Conditions.
9. Each product sold is issued with a receipt or invoice, if the Purchaser expressed a wish to receive an invoice and indicated necessary information in the Order form, in particular, ID number or Social Security number in the case of a natural person. The bill of sale is a written confirmation of the content of the submitted Order.
10. Vendor agrees to deliver Goods without defects, with the exception of possible defects indicated in the sales offer included in the individual Goods' sub-sites of the Online Store.
VII. RIGHT OF WITHDRAWAL:
1. According to the Article 27 of the Act, the Vendor shall inform the Purchaser of the right to cancel the Sales Agreement within 14 days without giving any reason. The deadline to withdraw from the Agreement will expire after 14 days from the date on which the consumer or a third party other than the carrier and indicated by Purchaser, came into possession of Goods.
2. To exercise the right of withdrawal from the Sales Agreement, the Purchaser must inform the Vendor (Selsey Poland Sp. z o.o. ul. Hutnicza 62/8, 54-139 Wroclaw, e-mail: [email protected] ) of the decision to terminate the Sales Agreement by unequivocal statement (for example, in the form of a letter sent by post or e-mail). If the purchaser decides to cancel the Sales Agreement via e-mail, the Vendor shall immediately send the Purchaser shall a confirmation of receipt of the withdrawal decision on a durable medium (eg e-mail).
3.Purchaser being a consumer, may also use the standard withdrawal form which is attached as Appendix 1 hereto, but it is not mandatory.
4. To keep the deadline of withdrawal from the Sale Agreement, it is enough for the Purchaser, being a consumer, to send an information on exercising the right to withdraw from the Sales Agreement before the deadline of withdrawal from the Sales Agreement.
5. Effects of withdrawal: in case of withdrawal from the Sales Agreement, Vendor returns to the Purchaser, who is a consumer, all payments received from them, including the costs of delivery (excluding additional costs resulting from method of delivery selected by the Purchaser other than the least expensive ordinary delivery method offered by the Vendor) promptly and in any event no later than 14 days from the date on which the Vendor has been informed of the Purchaser's decision to exercise the right of withdrawal from the Sales Agreement. Vendor will reimburse the Purchase with the same payment methods as used by the Purchaser in the initial transaction, unless the Purchaser expressly agrees to other methods; in any case Purchaser does not incur any costs resulting from reimbursement. Vendor may withhold the reimbursement until receipt of Goods or the confirmation of their shipping back, depending on which event occurs first.
6. Purchaser is asked to send or deliver the Goods the want ot return to the following address stated by the Vendor: Selsey Poland Sp. z o.o ul. Osińska 41, 63-600 Kępno, promptly and in any event no later than 14 days from the date on which the Purchaser informed the Vendor of the termination of the Sales Agreement. The deadline is met if the Purchaser returns the product within 14 days. The Purchaser will have to incur the direct costs of returning the Goods.
7. Purchaser, who is a consumer, shall only be liable for any diminished value of the Goods resulting from using them in any way other than necessary to establish the nature, characteristics and functioning of the Goods.
8. In accordance with the provisions of Article 38 of the Act, the consumer is not entitled to withdraw from the Sales Agreement with reference to the following agreements:
a. service agreement, if the Vendor provided a full service with the express consent of the Purchaser, who has been informed prior to the provision that they wil lose the right to terminate the Sales Agreement, after the Vendor fulfills the obligation;
b. in which the price or remuneration depends on fluctuations in the financial market over which Vendor has no control, and which may occur before the deadline to withdraw from the Sales Agreement;
c. in which the subject of the Sales Agreement is a non-prefabricated item, manufactured according to Purchaser's specifications or to meet their individual needs (eg. Purchaser's choice of upholstery or material colour, mattress's dimentions etc.).
d. in which the object of provision is subject to rapid destruction or has a short shelf life;
e. in which the object of provision is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons, provided the packaging has been opened after delivery;
f. in which the object of the provision is an item which, after delivery, due to their nature, is inextricably linked with other items;
g. in which the object of the provision is alcoholic beverages, the price of which has been agreed upon the conclusion of the Sales Agreement and which supply can only take place after 30 days and whose value depends on fluctuations in the market, over which the Vendor has not control;
h. in which the Purchaser is expressly requested that the Vendor came to them to provide urgent repairs or maintenance; if the Vendor provides additional services other than those that were requested by the Purchaser,or provides items other than replacement parts necessary to perform repairs or maintenance, The Purchaser has the right to terminate the Sales Agreement in relation to additional services or goods;
i. in which object of provision is a sound or visual recording or computer programs delivered in a sealed package, if the package was opened after delivery;
j. delivering newspapers, periodicals or magazines, with the exception of subscription agreements;
k. concluded by a public auction;
l. of the provision of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the Sales Agreement states a day or period thereof;
m. of the supply of digital content which is not stored on a tangible medium if the provision has begun with the express consent of the Purchaser before the deadline of withdrawal from the Sales Agreement and after receiving an information from The Vendor about the loss of his right to withdraw from the Sales Agreement.
1. Vendor shall be liable for defects of the Goods, in accordance with the principles of responsibility indicated in the Act of 24 April 1964 of Civil Code (Journal of Laws of 2014, item 121, as amended.), in particular Article 556 and 556 (1) - 556 (1) of the Civil Code.
2. In the case of defects of the Goods, the Purchaser may make a claim directly to the Vendor, sending it via e-mail at e-mail address: [email protected] or writing to the address of the Vendor: Selsey Poland Sp. z o.o ul. Hutnicza 62/8, 54-139 Wroclaw.
3. The Purchaser, sending the Goods subject to claim to the Vendor, is asked to provide the following details to facilitate the claim process: full name, exact address, number of the Order, an e-mail address, and accurately describe the defects of the Goods. When submitting a complaint, Purchaser is asked also to enclose a copy of the sales receipt (eg. Copy of the receipt or invoice).
4. Claims are dealt with within 14 days from the date of lodging the complaint, in accordance with applicable regulations. Purchaser will be informed of the manner of its processing by the Vendor.