TERMS AND CONDITIONS OF ONLINE STORE
establishing the rules for the provision of services by electronic means
§1. General provisions
1. These terms and conditions (hereinafter referred to as 'Terms and Conditions') define the rules for the conclusion and performance of contracts for the provision of services by electronic means and sales contracts in the online store, as well as the rights and obligations of the parties to these contracts.
2. The online store (hereinafter: 'Store' or 'Site') is available to all persons (hereinafter: 'Users') at: catalia-home.com
3. The Store owner (hereinafter referred to as "Seller") is SOBE TRADE spółka z ograniczoną odpowiedzialnością with its registered office in Łódź, (address: Ul. Gen. Jarosława Dąbrowskiego 234, 93-231 Łódź, Poland), entered in the Register of Entrepreneurs kept by the District Court for Łódź-Centre in Łódź, 20th Commercial Division of the National Court Register, KRS no.: 0000777668, REGON no.: 382880870 and NIP no.: 7272836029, with the share capital of PLN 20,000.00.
4. Contact details of the Seller to enable Users to contact it are as follows:
1) Address: Ul. Gen. Jarosława Dąbrowskiego 234, 93-231 Łódź, Poland
2) phone: + 442045257863 Monday to Friday, except public holidays, from 9 am to 5 pm,
3) email address for complaints: help@catalia-home.com,
4) email address for inquiries about the Seller's products: shop@catalia-home.com
5. Contracts for the provision of electronic services and sales are concluded with the Seller via the Store.
6. The object of the Seller's business is to sell the products indicated on the Site (hereinafter referred to as 'Products').
7. The Seller communicates with the Users via the website indicated in § 1(2) above, as well as by phone, post, and e-mail.
8. The store makes it possible to:
1) create a User account (hereinafter referred to as 'Account') and maintain it, i.e. make changes and modifications to data, view the status of order completion, view purchase history, use the storeroom, save the shopping basket, receive discounts and promotional coupons, and access to the order archive,
2) obtain information about the Products which can be purchased via the Store,
3) place orders – by persons using the Store (called then: 'Buyers' or 'Customers'),
4) subscribe to a newsletter (hereinafter: 'Newsletter'), which means an electronic form of the Seller's newsletter intended for all persons interested in news and promotions on the Store's offer and sent to them by the Seller with their consent via e-mail.
9. In these Terms and Conditions, the term 'Consumer' means a User who is a natural person making - with a trader - a legal action which is not directly related to that person's economic or professional activity, as well as a User who is a natural person concluding a contract directly related to their economic activity, when the content of this contract indicates that the contract is not of a professional nature for them.
10. In order to register an Account, it is necessary to accept the Terms and Conditions by checking the appropriate box in the registration form.
11. There is no charge to the User for using the Store.
12. Both the contract of sale and the contract for the provision of services by electronic means may be concluded in all versions of languages in which the Site is available. There is no minimum duration of the Consumer's obligations under the sales contract and the contract for the provision of services by electronic means. If the Consumer has no right of withdrawal (§ 5(5) of the Terms and Conditions), the duration of the Consumer's obligations under the sales contract lasts until the payment of the price to the Seller.
13. The provision of a performance unsolicited by the Consumer takes place at the Seller's risk and does not impose any obligations on the Consumer on that account. The lack of the Consumer's response to unsolicited performance shall not constitute the Consumer's consent to the conclusion of any contract.
§2. Placing orders in the Store
1. Orders of Products in the Store (hereinafter: 'Orders') may be placed by natural persons, legal persons, and organisational units without legal personality that are granted legal capacity by law.
2. The Site enables the registration of an Account, which consists in the submission by the User of a completed Account registration form available in the Store.
3. For the effective registration of the Account it is also necessary to provide all of the following:
1) providing the User's data in the form, whereas the provision of some of the data may be optional or required only at the time of placing the Order,
2) accepting the Terms of Service and reading the Service's privacy policy as well as making other, marked as mandatory, declarations by ticking relevant boxes.
4. The Buyer undertakes not to disclose the password to third parties.
5. Upon creation of the Account, a contract for the provision of services by electronic means is concluded between the Seller and the User.
6. Orders in the Store can be placed via a form, after logging into the User's Account, having previously registered in the Store and accepted the provisions of the Terms and Conditions. Placing Products by the Customer in the shopping basket (i.e. the Store's functionality allowing the preview of Products already selected, but not yet purchased by the Customer when placing an Order) does not entail their purchase or reserving. The Seller has the right to refuse to sell Products if fulfilment of the whole or part of the Order would not be possible.
7. To place an Order, it is necessary to accept the Terms and Conditions and privacy policy and make other statements marked as mandatory by ticking the appropriate boxes.
8. Each time, the Order placement procedure is completed by the User clicking the button: 'Order and pay' (or a button labelled with another equivalent wording indicating the completion of the purchase and the obligation to pay for the selected products), which is equivalent to the User confirming that the Order form has been completed correctly and that the data provided are true, up-to-date, complete, and correct, and that the User is aware that the execution of the Order entails the obligation to pay, including the obligation to pay the selected delivery costs.
9. In the event of an incorrectly completed Order form, no contract of sale is concluded between the Seller and the Buyer. The Buyer has the right to correct the data provided in the submitted Order by contacting the Seller by e-mail.
10. After placing an Order, an e-mail message is sent immediately to the e-mail address indicated in the form, with a confirmation of the Order placement by the User, which notifies the User whether their Order has been placed correctly.
11. In the e-mail message referred to in the paragraph above, the Seller provides the Buyer who is a Consumer with the information required under consumer rights legislation. The information will be included in the body of the e-mail message or in an attachment in *.pdf format. To view this document, it is necessary to have an appropriate software such as Adobe Acrobat Reader. Such information may also be provided by the Seller in paper form together with the delivered Product.
12. The contract of sale of the Product is concluded when the Seller informs about the commencement of the Order execution. Such a confirmation will be sent to the Buyer by e-mail. Should the Customer pay for the Products before that time, and the execution of the Order be impossible, the Seller shall immediately refund the amount paid.
13. In the case of unavailability of the Products included in the Order, the Seller will inform the Customer that the Order cannot be fulfilled. If the inability to fulfil the Order is only related to temporary unavailability of the Products, the Seller will inform the Customer about the estimated time of completion of the Order by sending an e-mail to the address provided by the Customer in the Order form.
14. The orders are executed in the order of their placement.
15. The Seller is entitled to impose a maximum number of pieces of a Product covered by one Order, as well as to impose limitations on the methods of delivery, forms of payment, or bulk orders. Any such restrictions will be each time communicated to the User before completion of the Order.
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