AND GENERAL PROVISIONS
1.1. OUTOFFMYMIND.co online store operating at outoffmymind.co (hereinafter: Store) is a platform operated by:
SEBASTIAN WIELGUS, ul. Kieślowskiego 3D / 23, 02-962 Warsaw, NIP: 9512463311, REGON 380412449,
1.2. These regulations define the rules of using the Store, the conditions for placing orders for products available in the Store, the time and rules of order fulfillment, terms and forms of payment, the Customer's rights to cancel the order and withdraw from the contract, as well as the rules for submitting and considering complaints.
1.3. The store conducts retail sales via the website using means of distance communication. In order to use the Store, it is necessary to:
- · Internet access;
- Having an e-mail address;
- · Installing the latest version of the web browser;
- Accepting cookies.
1.4. The customer is entitled and obliged to use the Store in accordance with its intended purpose.
1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the Store's content or its technical elements, including the provision of illegal content. It is forbidden to use for purposes other than its intended use, including, in particular, sending spam, conducting any commercial, advertising, promotional, etc. activities on the Store's websites.
1.6. The Store, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in functioning caused by force majeure, unlawful actions of third parties or the Store's incompatibility with the Customer's technical infrastructure.
1.7. Viewing the assortment and placing orders by the Customer for the products in the Store's assortment do not require registration in accordance with the provisions of point II of these Regulations.
1.8. The buyer is obliged to read the Regulations at the latest at the time of placing the order.
II. CONDITIONS AND TIME OF ORDER COMPLETION
2.1. By placing an order in the Store, the Customer concludes a purchase-sale agreement for the ordered products with the Store.
2.2. The store allows the customer to place an order without registering an account.
2.3. The customer places an order, indicating the products he is interested in, by selecting the "Add to cart" command on the product page, and then indicating the method of receipt and payment in the cart and order confirmation.
2.4. In the Cart, the Customer indicates:
- Ordered products and their quantity,
- Address to which the subject of the order is to be delivered,
- Discount code (optional).
2.5. In the event of providing false data, the Store has the right to withdraw from the order by notifying the Customer.
2.6. The shipment of the purchased goods is usually carried out within 1-2 business days, and this period is counted from the moment of payment confirmation on the Store's account.
2.7. Electronic orders can be placed 24 hours a day throughout the year. Orders placed on Saturdays, Sundays and public holidays will be processed from the morning of the next business day.
2.8. It is allowed to temporarily suspend the Store's activities for the purpose of maintenance, development and modernization works.
2.9. In the event that the implementation of part of the order is not possible, the Store may offer the Customer:
2.9.1. cancellation of the entire order (if the Customer chooses this option, the Store will be released from the obligation to complete the order);
2.9.2. cancellation of the order in the part where the implementation is not possible within the prescribed period (if the Customer selects this option, the order will be completed in part, the Store will be released from the obligation to perform it in the remaining scope)
2.9.3. implementation of a replacement service, which will be confirmed with the Customer. An order based on a replacement service, after approval by the Customer, will be treated as final;
2.9.4. division of the order and setting a new deadline for this part of the order, the implementation of which is not possible within the originally set deadline (if the customer chooses this option, the products will be sent in several separate shipments, and the customer will bear additional costs related to splitting the order into several shipments).
2.10. If the ordered product is not available in the Store or the Customer's order cannot be processed for other reasons, the Store will inform the Customer about it by sending information to the e-mail address provided when placing the order within 7 (seven) days from the date of the contract.
2.11. If the payment for the subject of the order, which could not be completed in full or in part, has been made in advance, the Store will refund the Customer the amount paid (or the difference) within 14 (fourteen) days from the date of sending the information, on the terms specified in detail in point IV of these Regulations.
2.12. If the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store is not responsible for failure to deliver or delay in delivery of the subject of the order to the fullest extent permitted by law.
III PRODUCT PRICES AND SHIPPING COSTS
3.1. The prices placed next to the product offered by the Store include VAT and are given in Polish zlotys.
3.2. The price given next to the product does not include shipping costs.
3.3. The Store reserves the right to change the prices of goods in the Store, introduce new goods for sale, carry out and cancel promotional campaigns, or introduce changes to them in accordance with the standards of the Civil Code and other laws, and such changes do not violate the rights of persons who concluded contracts. sale of goods offered by the Store before the above-mentioned changes or rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.
3.4. Shipping costs are added to the sum of the ordered products and are borne by the customer.
3.5. When collecting the parcel delivered by the courier, the Customer should check the condition of the outer packaging of the parcel in his presence. In the event of damage to the package, the Customer should draw up, together with the courier, a damage report in two identical copies signed by the Recipient and the courier.
IV ACCEPTABLE FORMS OF PAYMENT
4.1. Payment for the goods to be delivered can be made:
4.1.1. on-line via the websites: Blue Media S.A.
4.1.2. by bank transfer to the bank account indicated by the Store.
4.1.3. Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro cards at Blue Media.
4.2. in the event of a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.
4.3. When paying by card, the time of order fulfillment will be indicated from the moment of obtaining a positive authorization.
4.4. The entity providing online payment services is Blue Media S.A.
5.1 The administrator of databases of personal data provided by consumers of the store is the Seller.
5.2 The Seller processes the User's personal data pursuant to art. 6 section 1 letter / b GDPR for the purpose and scope necessary to establish, shape the content, change, solve and correctly implement services provided electronically, including for statistical purposes. By providing his personal data to the Seller when placing the order, the Buyer agrees to their processing by the Seller in order to complete the order. The buyer has the option of viewing, correcting, updating and deleting his personal data at any time.
VI. COMPLAINTS AND RETURNS
6.1 The products offered in the Store are brand new and original.
6.2 The Store as a seller is liable to the Customer who is a consumer within the meaning of Art. 221 of the Civil Code for the non-compliance of the Goods purchased by this consumer, to the extent specified in the Act on special terms of consumer sales and amendment of the Civil Code of July 27, 2002. A complaint may be submitted by mail by returning the goods along with a written description of the defect and proof of purchase.
6.3 The customer will receive information about the method of considering the complaint within 14 days from the date of receipt by the store of the parcel containing the goods complained about. In the event of a positive response to the complaint submitted by post, the Store will send the customer a full-fledged product within 14 days.
6.4 If the complaint is not accepted, the goods will be sent back together with the opinion as to the unjustified complaint at the customer's expense.
6.5. In accordance with the Act of May 30, 2014 on consumer rights, the customer may withdraw from the online sales contract without giving any reason within 14 days from the date of product release (date of delivery). To meet this deadline, it is enough to send a statement before its expiry. The statement referred to here should be sent to the address of the Store's warehouse (point I General Provisions) or a scan of the signed statement to the Store's e-mail address. If the Customer uses the above-mentioned entitlements, reimbursement of mutual benefits should take place immediately, not later than within 14 days. The return form can be downloaded here
6.6. Only customers who are natural persons are entitled to a refund. The right of return is not available to legal entities and business persons if the product was purchased for the needs of the company (legal person, business).
6.7. In the case described in sec. 7 of this paragraph, the customer is obliged to return the product in a non-deteriorated condition in accordance with the provisions of paragraph 7. of this paragraph within the time limit resulting from applicable law. The store, after receiving the goods, will refund the price of the product to the customer within 14 days.
6.8. The Store does not collect COD shipments addressed to it and is not responsible for the costs associated with such shipments.
VII. RETURNS OF RECEIVABLES
7.1. The store will refund the payment within 14 calendar days using the same payment methods that were used by the customer in the original transaction, in the case of:
7.1.1. cancellation of the order or part of the order (in which case the appropriate part of the price will be refunded) paid in advance before its implementation;
7.1.2. returning the product (withdrawal from the contract) from the order that was delivered via Poczta Polska or a courier company;
7.1.3. accepting the complaint and inability to repair the damaged product or replace it with a new one;
7.1.4. recognition of the right to demand a reduction in the price of the product.
7.2. The store will refund the money to the customer's bank account (including those related to the customer's credit or payment card)
8.1. The customer may consent to receive commercial information, including commercial information, by electronic means by selecting the appropriate option in the registration form or via the website. If such consent is given, the Customer will receive the Store's newsletter (Newsletter) to the e-mail address provided by him.
8.2. The customer may unsubscribe from the Newsletter at any time by himself by submitting a request to the data administrator or by clicking on the deactivation link included in each Newsletter message.
IX. FINAL PROVISIONS
9.1. The owner informs and the customer acknowledges that the use of the Internet may be associated with the risk of damage that the customer may suffer as a result of threats on the Internet, in particular breaking into the customer's IT system, taking over passwords by third parties, infecting the system the IT Client with viruses.
9.2. To the fullest extent permitted by law, the Store is not responsible for blocking by mail server administrators sending messages to the e-mail address provided by the Customer and for removing and blocking e-mail by software installed on the computer used by the Customer.
9.3. The differences between the visualization of the product resulting from the individual settings of the Customer's computer (color, proportions, etc.) and the actual appearance of the product cannot be the basis for the complaint. In this case, the customer has the right to withdraw from the contract in accordance with the provisions of point VI of these Regulations.
9.4. The owner informs that all trademarks (logos, logos, brand names, etc.) posted on the Store's website, graphic materials, photos are protected by law and are used by the Store for information purposes only.
9.5. All names of products offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act.
9.6. The owner points out that the Store contains content protected by intellectual property law, in particular works protected by copyright (content posted in the Store, layout, graphics, photos, etc.). Customers and visitors to the Store undertake to respect intellectual property rights (including proprietary copyrights and industrial property rights, such as rights resulting from registration of trademarks) of the Owner and third parties. The Store's customer or the person visiting the Store's website is solely responsible for non-compliance with the provisions of this point.
9.7. Customers may not post content that is inconsistent with applicable law, immoral and violating the good of third parties, as well as customers are prohibited from publishing links to pornographic, obscene or insulting the dignity of other people.
9.8. The Store undertakes to inform the registered users of the Store about each change of the regulations by sending them an e-mail to the e-mail addresses provided during registration, and the Customer, after receiving such information, will be able to delete his account at any time.
9.9. In matters not covered by the Regulations, the applicable provisions of Polish law shall apply, including in particular the Civil Code, the Act on special conditions of consumer sale and amendment of the Civil Code, as well as the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product.
9.10. These Regulations are valid from 20/10/2018.