Terms and rules
1. DEFINITIONS
POSTAL ADDRESS
name and surname or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or flat number, in the case of a town not divided into: streets and city numbers), zip code and town.
ADDRESS OF PRODUCT REFUNDS AND COMPLAINTS:
THE ODDER SIDE MAGAZINE
UL. Kopytów 44F /Procan
05-870 Kopytów
CONTACT DETAILS :
e-mail: hello@theodderside.com
telephone: 880 058 916 (from Monday to Friday from 9 to 17)
DELIVERY - the type of transport service along with the carrier's definition and cost mentioned in the delivery price list
PROOF OF PURCHASE - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of March 11, 2004, as amended and other applicable laws.
PRODUCT CARD - a single store subpage containing information about a single product.
CUSTOMER - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making a purchase directly related to its business or professional activity at the Seller's.
CIVIL CODE - Civil Code Act of April 23, 1964, as amended.
CODE OF GOOD PRACTICES - a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
CONSUMER - an adult natural person with full legal capacity, making a purchase from the Seller not related directly to its business or professional activity.
CART - a list of products made from the products offered in the store based on the Buyer's choices.
BUYER - both Consumer and Customer.
PLACE OF DELIVERY OF THINGS - postal address or collection point indicated in the order by the Buyer.
MOMENT OF ISSUING THE THINGS - the moment when the Buyer or a third party indicated by him to take over will take possession of the item.
PAYMENT - Blue Media SA is an entity providing online payment services.
If there is a need to return funds for the 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.
Available payment methods:
Credit cards:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
If the payment was made using a payment card (return to the card account used for payment)
[E. If there is 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.
With card payments, the order processing time in Poland is up to 3 business days.
CONSUMER LAW - the Consumer Rights Act of 30 May 2014.
PRODUCT - the minimum and indivisible number of items that can be the subject of the order and which is given in the Seller's store as a unit of measure in determining its price (price / unit)
SUBJECT OF THE CONTRACT - products and delivery being the subject of the contract.
SUBJECT OF THE BENEFITS - subject of the contract.
RECEPTION POINT - the place of delivery of the item not being a postal address, listed in the list provided by the Seller in the store.
THING - a movable object that may or may be the subject of a contract.
SKLEP - internet service available at https://theodderside.com/, through which the Buyer can place an order.
SELLERS:
THE ODDER SIDE Sp. z o.o.
Justyna Przygońska, Brygida Handzelewicz-Wacławek
ul. Franciszka Kniaźnina 2
01-607 Warszawa
NIP: 7010439296
REGON : 147420946
BANK ACCOUNT: 61 1050 1038 1000 0092 2388 5907
SYSTEM - a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data through telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.
IMPLEMENTATION DATE - the number of hours or working days listed on the product card.
AGREEMENT - an agreement concluded outside the business premises or at a distance within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of art. 535 of the Civil Code of 23 April 1964 in the case of Buyers.
DEFECT - both physical defect and legal defect.
PHYSICAL FAIL - incompatibility of the item sold with the contract, in particular if the item:
1. it does not have properties that such a thing should have due to the purpose of the contract marked or resulting from circumstances or destination;
2. does not have properties the existence of which the Seller has provided to the Consumer,
3. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not report for
1. it does not have properties that such a thing should have due to the purpose of the contract marked or resulting from circumstances or destination;
2. does not have properties the existence of which the Seller has provided to the Consumer,
3. is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
4. has been delivered to the Consumer in an incomplete state;
5. in the event of improper installation and commissioning, if these activities were performed by the Seller or a third party for which the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
6. it does not have the characteristics provided for by the manufacturer or his representative or person who places the product on the market as regards his business and a person who, by placing his or her name, trade mark or other distinguishing sign on the item, presents itself as a producer, unless the Seller did not know the assurances or, judiciously, he could not know or they could not affect the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
LEGAL DEFECTIVE - a situation when a sold item is owned by a third party or is encumbered with the right of a third party, and if the restriction in the use or disposal of an item results from a decision or decision of a competent authority.
ORDER - a declaration by the Buyer's will made through the store clearly specifying: the type and quantity of products; type of delivery; payment method; place of issue of things, details of the Buyer and aiming directly at the conclusion of the contract between the Buyer and the Seller.
2. GENERAL CONDITIONS
AGREEMENT is concluded in Polish, in accordance with Polish law and these regulations.
THE PLACE OF THE EDITION OF THE THINGS must be located on the territory of the Republic of Poland.
The SELLER is obliged and undertakes to provide services and deliver items free from defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All dates are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends on the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day in which the event occurred.
Confirmation, disclosure, consolidation, security of all material provisions of the contract in order to gain access to this information in the future takes place in the form of:
confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, the model withdrawal form in pdf version, links to self-download the regulations and the pattern of withdrawal from the contract;
attach to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information about the right to withdraw from the contract, these regulations, the model withdrawal form.
SELLER informs about the guarantees given to him by third parties for products in the store.
SELLER provides the Buyer using the system the correctness of the store's operation in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with resolution horizontal above 1024 px.
Using third party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, so in order to get full functionality of the store https://theodderside.pl/, you should turn them all off .
The BUYER may use the option of remembering his data by the store in order to facilitate the process of placing another order.
For this purpose, the Buyer should provide a login and password necessary to access his account.
Login and password are a sequence of characters determined by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the ability to view, correct, update data and delete the account at any time.
The SELLER applies to the code of good practice.
The BUYER is obliged to:
not providing or forwarding content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
using the store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
refrain from taking such actions
3. CONCLUSION OF THE AGREEMENT AND IMPLEMENTATION
ORDERS can be placed 24 hours a day.
In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
adding a product to the basket;
choosing the type of delivery;
choice of payment type;
choosing the place of issue of things;
placing an order in the store by using the "ORDER" button.
Conclusion of the contract with the Consumer takes place at the moment of placing the order.
Delivery of the Consumer's order for cash on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after posting the Consumer's payment on the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the payment fault and informed the Seller.
The conclusion of the contract with the Customer takes place at the moment of the order acceptance by the Seller, which he informs the Customer within 48 hours of placing the order.
The Customer's order is payable on delivery, immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the payment of the Customer's account credited to the Seller's account.
The Customer's order fulfillment may depend on the payment of all or part of the value of the order or obtaining the merchant credit limit at least the value of the order or the Seller's consent for sending the order on delivery (payable upon delivery).
Sending the subject of the contract takes place on the date specified in the product card, and for orders placed from many products in the longest term from the products specified on the cards. The period starts from the moment the order is processed.
The purchased subject of the contract is, together with the purchase document selected by the Buyer, sent to the selected by the Buyer type of delivery to the place of delivery of the item indicated by the Buyer in the order, together with the attached attachments referred to in § 2 point 6b.
4. RIGHT TO WITHDRAW FROM THE AGREEMENT
CONSUMER is entitled under Article 27 of the Consumer Law, the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
The deadline for withdrawing from a distance contract is 3 days from the date of receipt by the buyer, and it is sufficient to send a statement before its expiry.
Declaration of withdrawal from the contract The Consumer may submit on the form, the model of which is attached as Annex 2 to the Consumer Law, on the form available at: http://theodderside.com/ZWROT-TOWARU-cterms-pol-33.html
In the event of withdrawal from the contract, the contract is considered null and void.
CONSUMER is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he received the parcel.
The CONSUMER sends back the items being the subject of the contract, from which he resigned at his own expense and risk.
CONSUMER is liable for the decrease in the value of the object being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
SELLER immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer returns to the consumer all payments made by him, including the cost of delivering the item, and if the consumer has chosen a delivery method other than the cheapest usual delivery offered by the seller The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
The SELLER shall refund the payment using the same method of payment as the Consumer used, unless the Consumer has explicitly agreed to a different payment method which does not involve any costs for him.
The SELLER may withhold the reimbursement received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
CONSUMER, pursuant to Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or serving to satisfy his individual needs;
in which the subject of the service is an item subject to rapid deterioration or having a short shelf-life;
in which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
in which the object of the benefit are things that after delivery, due to their nature, are inseparably connected with other things;
in which the object of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
for delivery of digital content that is not stored on a tangible medium, if the fulfillment of the service started with the Consumer's explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract;
for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement.
5. WARRANTY
SELLER based on art. 558§1 of the Civil Code completely excludes liability towards customers due to physical and legal defects (warranty).
The SELLER is liable towards the Consumer on the terms specified in art. 556 of the Civil Code and subsequent ones for defects (warranty).
In the case of a contract with a Consumer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer.
CONSUMER, if the item sold has a defect, it may:
make a statement about the demand to lower the price;
submit a statement of withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller did not satisfy the obligation to replace the item for free from defects or to remove the defect, he is not entitled to replace the item or remove the defect.
CONSUMER, instead of removing the defect as proposed by the Seller, request replacement of the item for free from defects, or instead of replacing things, demand removal of the defect, unless bringing things to compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller , while the cost of things free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise expose them.
The CONSUMER may not withdraw from the contract if the defect is irrelevant, or is related to the nature of the material from which the product is made, and arises in connection with the use of the goods.
CONSUMER, if the item sold has a defect, it may also:
demand the exchange of things for something free from defects;
request removal of the defect.
The SELLER is obliged to replace the defective item with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.
The SELLER may refuse to accept the Consumer's complaint if the defect is irrelevant, or is related to the nature of the material from which the product is made, and arises in connection with the use of the product.
The SELLER is obliged to accept a faulty item from the Consumer in the event of replacing the item with a non-defective one or withdrawing from the contract.
SELLER within fourteen days will respond to:
statements about the demand to lower the price;
declaration of withdrawal from the contract;
demanding the exchange of things for free from defects;
request for removing the defect.
Otherwise, it is considered that he considered the Consumer's statement or demand justified.
6. PRIVACY POLICY AND SECURITY OF PERSONAL DATA:
The administrator of the personal databases provided by the Consumers of the store is the Seller.
The SELLER undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Provision Act of July 18, 2002. The Buyer giving his personal data to the Seller when placing the order agrees to their processing by the Seller in order to complete the order. The buyer has the ability to view, correct, update and delete their personal data at any time.
7. FINAL PROVISIONS:
None of the provisions of these regulations is intended to infringe the Buyer's rights. It can not be interpreted in this way either, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this right in place of the challenged provision of the regulations.
The registered buyers will be notified via e-mail about changes to the regulations and their scope (on the e-mail address provided during registration or order). The notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adjust the regulations to the applicable legal status.
The current version of the regulations is always available to the Buyer in the rules tab (http://theodderside.com/Regulamin-sklepu-internetowego-theodderside-pl-cterms-pol-18.html). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except for the situation when the Consumer considers it to be less favorable than the current one and informs the Seller of the current choice as binding.
In matters not covered by these regulations, the applicable applicable legal provisions shall apply. Contentious issues, if the consumer expresses such a wish, are solved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also make use of equivalent and lawful methods before the court or out-of-court dispute resolution, for example via the EU ODR online platform at http://ec.europa.eu/consumers/odr/. As a last resort, the matter is settled by the local court and property court.