- These Terms and Conditions specify the rules for using the services provided by Fundacja Firma dla Każdego with its registered seat at ul. Krakowskie Przedmieście 79/300 in Warsaw (00-079), NIP [Tax Identification Number]5252625624, REGON [Statistical Number]362170026, registered in the register of associations kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000569410, hereinafter referred to as the “Administrator”, with regard to the web shop ByYourSide.pl, hereinafter referred to as the “Website”.
- The Administrator’s representative, i.e. Barbara Lehwark may contact with the Users:
- – via the contact form available in the “Contact” tab,
- – by e-mail: email@example.com,
- – by phone:503084960
- – by regular mail: Barbara Lehwark, By Your Side, Orla 6b/37, 00-143 Warsaw.
- A person placing an order on the Website is hereinafter referred to as the “User”.
- The Administrator undertakes to sell the goods presented on the Website to Users at prices and on terms and conditions specified on the Website. The Administrator shall deliver ordered goods without defects.
- The User undertakes to pay the agreed price for the ordered goods.
- The User declares that he/she has the rights to all materials published by him/her on the Website and provided to the Administrator. It is forbidden to use illegal materials on the Website or materials obtained in an unlawful manner or infringing the rights of third parties.
- The Administrator shall have the right to remove materials from the Website that violate the provisions specified in the previous point.
- In order to use the Website, the User requires a computer (or other electronic equipment with similar capabilities) with access to the Internet and with installed software – a web browser.
- The User shall be entitled to request the Administrator to explain the Terms and Conditions.
- The User shall have the right to submit a complaint to the Administrator with regard to the services inconsistent with the contract and request that they are brought into conformity with the contract. The complaint may be submitted by means of communication specified in point 2 of the Terms and Conditions. Each submitted complaint shall be individually considered by the Administrator, and if it is justified, the User’s requests shall be met in a manner agreed with the User.
- The User shall be entitled to withdraw from any contract concluded with the Administrator under the terms specified in the instructions on the right to withdraw from the contract, enclosed at the end of these Terms and Conditions.
- In the event of withdrawal from the contract, the User shall be liable for the reduction in the value of the item resulting from its use in a way different than it was necessary to establish the nature, features and functioning of the item.
- The User shall not be entitled to withdraw from the contract in relation to the contracts specified in Art. 38 of the Consumer Rights Act (Journal of Laws of 2014, item 827 as amended), and in particular with regard to a contract in which the subject of the service is a non-prefabricated product, product manufactured according to the consumer’s specification or an item serving to satisfy the customer’s individual needs.
- The User shall have the right to terminate the use of the Website with an immediate effect and request the Administrator to delete his/her data. The termination shall not release the User from the obligations related to the previously ordered Administrator’s services.
- The Polish law shall apply to all matters related to these terms and conditions.
- The User who is also a consumer shall be entitled to submit claims or consider complaints before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection competent for the place of residence of the consumer. The user-consumer may also claim damages and submit complaints out of court.
- These Terms and Conditions come into force on the day of publishing them on the Website.
RIGHT OF WITHDRAWAL FROM THE CONTRACT
You have the right to withdraw from the contract within 14 days without giving any reason.
The right of withdrawal from the contract shall not apply in relation to the contracts specified in Art. 38 of the Consumer Rights Act, and in particular with regard to a contract in which the subject of the service is a non-prefabricated product, product manufactured according to the consumer’s specification or an item serving to satisfy the customer’s individual needs.
The time limit for the withdrawal from the contract shall expire after 14 days from the date on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item.
In order to exercise the right of withdrawal, you shall inform us of your decision on the withdrawal from the contract by an explicit declaration (for example, a letter sent by post, fax or e-mail). Our contact details can be found in point 1 and 2 of the Terms and Conditions.
You can use the statutory template of the withdrawal form, however it is not mandatory.
To keep the time limit for the withdrawal from the contract, it is sufficient to send information on exercising the right of withdrawal from the contract before the deadline to withdraw from the contract.
Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us) immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund your payments using the same payment methods as you used in the original transaction, unless you have explicitly agreed otherwise; in any case, you will not incur any fees related to such refund. We are entitled to withhold the refund of the payment until we receive back the item or until the proof of sending it back is provided to us, depending on which event occurs first.
Please send us back or give back the item to the following address: Barbara Lehwark, By Your Side, Orla 6b/37, 00-143 Warsaw, immediately and in any case not later than 14 days from the date on which you informed us of your withdrawal from this contract. The deadline shall be deemed as met if you send back the item before the time limit of 14 days.
You will have to bear the direct cost of returning the items.
In the event of withdrawal from the contract, you shall be liable for the reduction in the value of the item resulting from its use in a way different than it was necessary to establish the nature, features and functioning of the item.