Meowbaby Store Regulations

ONLINE STORE REGULATIONS

The online store operating at www.meowbaby.eu is run by MATHILDE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, headquartered in Kołobrzeg, at ul. Witkowice 1, 78-100 Kołobrzeg, registered in the National Court Register maintained by the District Court in Koszalin, 9th Commercial Division of the National Court Register under KRS number: 0001182819, NIP: 6711867819, REGON: 542199358, hereinafter referred to as the "Seller".

Contact with the Seller can be obtained:

at the phone numbers: +48 883 333 022 (Store working hours 8 am–4 pm on business days, charged as a regular phone call according to the Client's service provider tariff package),
using the email address – meow@meowbaby.eu.

§ 1 GENERAL PROVISIONS

The following meanings are established for the words:
1. REGULATIONS – these regulations,
2. CLIENT – a natural person, legal person, or organizational unit without legal personality but with legal capacity, who places an Order in the Online Store under the terms specified in these regulations,
3. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person holding entrepreneur status, registered in the CEIDG register, placing an Order within their business activity, but not related to the professional nature of that activity. This status applies only to clients with a delivery address or registered office in Poland.
4. CONSUMER – a Client who is a natural person, using the Online Store for purposes not directly related to their business or professional activity,
5. GOODS, PRODUCT – a movable item presented in the Online Store, which is the subject of the Sales Agreement,
6. SALES AGREEMENT – a sales agreement for Goods within the meaning of the Civil Code, concluded between the Seller and the Client, using the Store's online service,
7. ONLINE STORE (STORE) – an online service available at www.meowbaby.eu, through which the Client can place an Order,
8. ORDER – a declaration of the Client's will clearly specifying the type and quantity of Goods, directly aimed at concluding a Sales Agreement.
The Store's business activity is the sale of products currently in the assortment and enabling the Client to place Orders for offered products through the website. Using this service is possible after registration and logging in by the Client in the Store or by correctly filling out the Order form without the need to log in. The Store allows free browsing of the Store's assortment on product pages.
Sales are conducted via the Internet between the person placing the Order as the buyer and the Store as the Seller.
Every Client purchasing products offered by the Store is obliged to familiarize themselves with the content of these Terms and Conditions.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

Technical requirements necessary to use the Store's services:
1. Internet connection,
2. properly configured browser,
3. current, active, and properly configured e-mail account,
4. enabled Cookies and Java Script support
5. program for reading PDF file format.
In case the Client uses equipment or software that does not meet the technical requirements specified above, the Store does not guarantee the proper functioning of the service and reserves the right that this may negatively affect the quality and course of the Order placement procedure.
It is prohibited for the Client to provide content of an unlawful nature, including in Product reviews.
The Store ensures that all reviews concerning Products offered in the Store come exclusively from Clients who have purchased the given Product. For this purpose, the Store restricts access to the product rating and review form only to Clients who have an active customer account within the Store and on which the purchase of the given Product is registered in the Order history. Access to the rating form is also available to those Clients who purchased the Product without registration. Such Clients receive a special link within the e-mail message confirming the Order, enabling access to the form for submitting a review and rating of the given Product.
The Client may subscribe to the Store's newsletter, which is a periodic dispatch of information about the Store's products and services. To subscribe to the newsletter, the Client enters their e-mail address in the newsletter form located on the Store's website, simultaneously confirming consent to the processing of their personal data for this purpose and the sending of promotional content to the provided e-mail. The newsletter can be unsubscribed from at any time, and for this purpose, the Client is asked to submit a resignation statement via the Store's e-mail: meow@meowbaby.eu or by selecting the unsubscribe link in the e-mail message delivered with the newsletter.

§ 3 REGISTRATION

Registration in the Store is free of charge and optional.
Registration in the Store is based on a correctly completed registration form, in which the Customer provides necessary identification data (first name, last name), email address, and password; accepts the current Store Terms and Conditions and submits a statement of consent to the processing of personal data to the extent necessary for proper fulfillment of the Customer's Orders. Account registration can also be done by checking the appropriate box during the Order placement process. A confirmation message of account creation will be sent to the Customer's email address provided in the registration form. Upon receipt of the registration confirmation message, a contract regarding account management is concluded between the Customer and the Store.
After registering in the Store, login is performed using the data provided in the registration form or changed based on a later Customer request.
Registration and login to the Customer account can also be done by linking the Customer's Facebook or Google account with the Store account by clicking the appropriate button during registration or login and following the on-screen instructions provided by the linked account provider for proper registration or login.
To delete a Customer account from the Store (contract termination), an email request for account deletion must be sent to the email address: meow@meowbaby.eu including data identifying the Customer currently registered in the Store. This does not apply to situations where the Store is in the process of fulfilling an Order placed by the Customer. In such a case, the effect of contract termination will occur upon completion of the respective Order.
The Store allows placing Orders without the need to register and log in to the Store. For this purpose, the Customer is required each time during the Order placement process to fill out an electronic form by entering the data required by the Store necessary for identification and conclusion and execution of the Sales Agreement (first and last name, email address, phone number - optional, delivery address). The Customer is obliged to accept the current Terms and Conditions along with the statement of consent to the processing of personal data for the purposes of the Order. Lack of registration in the Store means no Customer account, which enables access to automatic Order tracking.

§ 4 ORDERS

Information about the available assortment in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
By placing an Order, the Customer submits an invitation to conclude a sales contract for the ordered Products in the Store. The Product ordering process begins with confirming the service features through the Product Page. The Customer is informed about the expected Order fulfillment time, product availability, price, payment methods, and possible delivery options. To deliver the product, the Customer is obliged to provide or verify their address details if they have previously registered an account. Before placing the order (by using the "Order and pay" button), the Customer confirms that they have read these Terms and Conditions along with consent to the processing of personal data for the purposes of the Order.
The confirmation of Order acceptance sent by the Store to the email address provided by the Customer constitutes a statement of acceptance of the invitation referred to above. If before confirming the Order placement (by clicking the "Order and pay" button) the Customer stops using the service and leaves the Store, the contract will not be concluded.
A Customer making a purchase as an entrepreneur is obliged to provide a VAT identification number (NIP) when placing the Order; otherwise, it is assumed that they are purchasing as a Consumer.
The assessment of whether a Customer who is an entrepreneur registered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Store on a case-by-case basis and based on any statements made by the Customer during the Product Ordering process.
To place an Order, the Customer is obliged to make a selection from those available in the Store: ordered products, delivery method, payment method, and provide the delivery address. The selection is made by: choosing the product and adding it to the cart.
The Customer may select an unlimited quantity of products for the Order from the quantity of a given Product available for Orders, and upon proceeding to the Cart, will receive a summary of the selected Products. If the quantity of Products is limited, the Store indicates this information on the product page.
In case the Products covered by the Order are unavailable in stock, at the Store's suppliers, or for other reasons and the Customer's Order cannot be fulfilled, the Store will notify the Customer of this fact no later than 14 (fourteen) days from the date the Order was placed. In such a case, the Customer has the right to decide whether they agree to the Order being fulfilled within the period proposed by the Store or to withdraw from the contract. If it is not possible to fulfill part of the Order mentioned above, the Customer is informed about the status of the Order and makes a decision on how to proceed with its fulfillment. The Customer can choose between:
1. partial fulfillment - the Customer's choice of this option results in the Order being fulfilled only for available Products;
2. cancellation of the entire Order (withdrawal).

In case of withdrawal from the contract, the Store will refund the amount paid as the price to the Customer. Notification will be sent to the email address provided by the Customer in the Order or registration form. If no decision is made within 7 (seven) days from the notification, the Order will be canceled for the unavailable Products.

9. Maximum order fulfillment time is 21 business days.

§ 5 PRODUCT PRICES AND PAYMENT METHODS

The price indicated for each Product is binding at the moment the Customer places the Order. Product prices listed on the Store's website include VAT (if applicable due to the place of delivery) and do not include delivery costs. The price may include an individually applied discount or rebate assigned to the Customer automatically – information about this is provided in the Order summary.
Product delivery is carried out in the following variants offered in the Store:
1. via courier company.
Information about delivery costs is available during the ordering process before placing such an Order.
Delivery costs will be included in the Product prices depending on the ordered goods and the Customer's choice of delivery method when placing the Order.
The Seller provides the Customer with the following payment methods for Products:
1. Traditional bank transfer,
2. Electronic payments and card payments via DotPay/Przelewy24.pl service - payment processing is conducted by PayPro SA (PayPro), based in Poznań, at Kanclerska 15 (60-327), KRS 0000347935, NIP 7792369887, registered in the register of domestic payment institutions maintained by the Polish Financial Supervision Authority under number UKNF IP24/2014.
3. Deferred payments via PayPo service - payment processing is conducted by PayPo Sp. z o.o. based in Warsaw, ul. Domaniewska 39 (02-672 Warsaw), registered in the business register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000575158, with a share capital of 1,075,650 PLN, NIP: 521-37-05-997, Regon: 362485126. The company is registered in the Register of Loan Institutions under number RIP000135 and the Register of Small Payment Institutions under number MIP43/2019 maintained by the Polish Financial Supervision Authority.
4. Deferred payments via the Alior Bank Online Installments service - payment services are provided by Alior Bank Spółka Akcyjna headquartered in Warsaw at ul. Łopuszańska 38D, registered under KRS number 0000305178 in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register; NIP 1070010731; share capital and paid-in capital amount: 1,305,539,910 PLN.
5. Electronic payments via the PayPal virtual wallet system - payment services are provided by PAYPAL POLSKA SPÓŁKA Z O.O. KRS: 0000289372, NIP: 5252406419, REGON 14110822500000, headquartered at ul. Emili Plater 53, 00-113 Warsaw.
6. Payments in the "cash on delivery" option by cash or card (depending on the courier's technical capabilities).
7. Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro. The entity providing online payment services is AutoPay S.A.
If an Order is placed and a payment option other than cash on delivery is selected, and the payment for this Order is not credited within fourteen (14) days, the Order will be canceled. After three (3) business days from placing the Order, if the payment is not credited, the Customer will receive a payment reminder at the provided email address.
Order delivery will take place within the time specified in the Order confirmation and previously accepted by the Customer, but no later than within 30 (thirty) days from the date of contract conclusion. The Store provides the estimated shipping time on the product page.
Order fulfillment will begin after the Online Store receives confirmation of successful payment execution from the Payment Entity.

§ 8 COMPLAINTS

The Store is obliged to deliver the goods without defects and to perform all services in accordance with the concluded Agreement.
The Goods are compliant with the contract if, in particular, the following remain compliant with the contract:
1. description, type, quantity, quality, completeness, and functionality, and in relation to Goods with digital elements – also compatibility, interoperability, and availability of updates;
2. fitness for a particular purpose for which the Consumer needs it, about which the Consumer informed the Seller no later than at the time of concluding the Sales Agreement and which the Seller accepted.
Furthermore, the Goods, to be considered compliant with the contract, must:
1. to be suitable for the purposes for which Goods of this kind are usually used, taking into account applicable legal regulations, technical standards, or good practices;
2. to occur in such quantity and have such features, including durability and safety, and in relation to Goods with digital elements - also functionality and compatibility, typical for Goods of this kind and which the Consumer can reasonably expect, considering the nature of the Goods,
3. be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect to be provided;
4. be of the same quality as the sample or pattern that the Store made available to the Consumer before concluding the contract, and correspond to the description of such sample or pattern.
The Store is not liable for non-conformity of the Goods with the sales contract if the Consumer was explicitly informed that a specific feature of the Goods deviates from the conformity requirements specified above and accepted the absence of that specific feature of the Goods.
The Store is liable for non-conformity of the Goods with the contract resulting from improper installation of the Goods if:
1. it was carried out by the Store or under its responsibility;
2. improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party (in the case of Goods with digital elements).
In case of detecting defects in the delivered Goods, the Client may, at their discretion, use warranty rights if a warranty was granted, and rights arising from the Store under warranty liability. Warranty rights and rights under warranty liability are independent of each other.
In case of detecting defects in the delivered product or services provided, the Client may file a complaint and inform the Store about the observed irregularities, document the irregularities for verification of the claims, and indicate whether they demand repair or replacement of the Goods with new ones. The complaint can be submitted electronically or in writing to the Store's address.
In the case of contracts concluded with Consumers and Entrepreneurs with consumer rights, the Seller is liable under warranty and/or contractual liability for the services provided. This liability is excluded in relation to Clients with other status.
The Store will promptly, but no later than within 14 days from the date of receiving the complaint, take a position on the submitted complaint and inform the Client about further proceedings. The Store will immediately notify the complainant in writing or by email to the email address provided in the complaint about the result of the complaint review.
First of all, the Consumer may request the Store to repair or replace the Goods with new ones.
If the Store:
1. refused to repair or replace the Goods, or did not bring them into conformity with the contract;
2. the defect persists despite attempts to remove it;
3. the defect of the goods is too significant to be repaired;
4. The Store has declared to the Client or it follows from the circumstances that it will not be possible to bring the Goods into conformity with the contract within a reasonable time or without excessive costs.
In such a case, the Client may demand a price reduction or withdrawal from the contract.
Transport of Products under warranty claims is at the Store's expense via the shipping method indicated by the Store. The Store does not accept shipments sent cash on delivery. In some cases, it is not necessary to send the claimed Product, and the Seller may limit themselves to inspecting photos provided by the Consumer or Entrepreneur with consumer rights, about which they will inform after receiving the complaint notification.
If the withdrawal from the contract is chosen, all payments made by the Client, including delivery costs, will be refunded promptly, but no later than within 14 days from the day the Client is informed of the positive resolution of the complaint by the Store. Refunds made by payment card or electronic transfer will be made to the bank account from which the payment was made, unless the Client explicitly provides a different refund instruction before the refund is made that does not generate additional costs for them.
In the event of a dispute between the Store and the Client regarding the validity of the refusal to consider a complaint, a Client who is a Consumer has the right to use out-of-court methods of complaint resolution and claim enforcement. The Client may use mediation or arbitration by submitting to the institution before which the proceedings will take place the appropriate form – an application for mediation or an application for arbitration. A list of example institutions along with contact details is available on the website www.uokik.gov.pl. Furthermore, at the address http://ec.europa.eu/consumers/odr The Consumer has access to consumer dispute resolution electronically via the EU online platform (ODR platform). Such a right does not apply to an Entrepreneur with consumer rights.

§ 9 RIGHT OF WITHDRAWAL FROM THE CONTRACT

A Client who is a Consumer or an Entrepreneur with consumer rights may withdraw from the contract without giving any reason within 14 days from the date of receipt of the shipment. They should then submit a statement of withdrawal from the contract and return the Goods to the Store. To submit a withdrawal statement, one can use the withdrawal form attached to the Regulations. The deadline is considered met if the Consumer or Entrepreneur with consumer rights sends the withdrawal statement in writing to the Seller's address or electronically to the e-mail: meow@meowbaby.eu, no later than the last day of the 14-day period. Upon receiving the withdrawal statement electronically at the above e-mail or postal address, the Seller will promptly confirm its receipt by sending information to the internet mail address of the withdrawing party. A withdrawal statement submitted after the above deadline has no legal effect.
Goods should be returned in an unchanged and complete condition, without signs of use, unless the change was necessary within the limits of ordinary management, i.e., the Consumer or Entrepreneur with consumer rights should handle the Goods considering the necessity of their possible later return. They are responsible for any reduction in the value of the item resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the item. If the returned Goods are incomplete or show signs of use beyond ordinary management, the Store reserves the right to refuse acceptance of the shipment or reduce the refunded amount by the equivalent value of the damaged goods, at the Store's discretion.
The Consumer's or Entrepreneur's right with consumer rights to withdraw from the contract does not apply if the subject of the Order includes, among others, a contract:
1. where the subject of the service is a non-prefabricated good, produced according to the consumer's specifications or serving to satisfy their individualized needs;
2. where the subject of the service is goods which, after delivery, due to their nature, become inseparably connected with other items;
The returned Goods must be sent back no later than 14 days from the withdrawal from the contract along with the withdrawal statement to the Store's warehouse address, i.e., ul. Witkowice 1, 78-100 Kołobrzeg. The Consumer or Entrepreneur with consumer rights bears only the direct costs of returning the Product to the Store (return shipping costs).
In the event of withdrawal from the contract, all payments made by the Consumer or Entrepreneur with consumer rights, including delivery costs, will be transferred to the Consumer or Entrepreneur with consumer rights without delay, but no later than within 14 days from the day the Store receives the withdrawal statement.
Refunds of payments made by payment card or electronic transfer are made to the bank account from which the payment was made, unless the Client explicitly provides a different refund instruction before the refund that does not generate additional costs for them (e.g., in the withdrawal statement).
The store may withhold the refund of payments received from the Buyer until the ordered goods are returned by the Buyer or the Buyer provides proof of their return, whichever occurs first.

§ 10 PERSONAL DATA PROTECTION

Provisions regarding the protection of Customers' personal data by the Seller are included in the Privacy and Cookies Policy available on the Store's website.

§ 11 FINAL PROVISIONS

For each Product sold by the Store, a VAT invoice or another settlement document compliant with applicable tax regulations is issued. The VAT invoice is delivered electronically to the Customer's provided e-mail address or in traditional form with the delivery of the goods. Acceptance of the Terms and Conditions also constitutes consent to receive invoices electronically.
Polish law shall apply. Disputes arising between the Customer and the Seller shall be resolved by the court competent for the Seller's registered office, provided that disputes involving Consumers shall be heard by the court competent according to civil procedure regulations. These Terms and Conditions are subject to Polish law and shall be interpreted accordingly. These Terms and Conditions do not limit any consumer protection rights that may be granted to the user under mandatory provisions in their country of residence.
The Seller reserves the right to change the Terms and Conditions. The Seller will notify registered Customers of any changes to the Terms and Conditions by e-mail, granting the right to terminate the contract within 14 days. Changes to the Terms and Conditions take effect 14 days after notification. Orders placed before the effective date of changes to these Terms and Conditions are fulfilled based on the provisions in force on the date the Order was placed.

Annex no. 1

TEMPLATE OF THE DISTANCE SALES WITHDRAWAL FORM

Place, date................

.............................................

Name and surname, address, phone

MATHILDE Sp. z o.o.

ul. Witkowice 1

78-100 Kołobrzeg

Statement

on withdrawal from a distance sales contract

I, ........................................ hereby withdraw from the sales contract for the following products:

- ..................................…..........…..........…..........…....

I confirm that I am returning products in accordance with the Act of 30.05.2014 on consumer rights.

The contract concerns order no. ...............................................

Date of goods receipt .................................................................

Bank account number (to which the payment will be refunded):

...................................................................................................

Signature of the Consumer or Entrepreneur regarding consumer rights