WWW.OFHABIT.COM ONLINE STORE TERMS AND CONDITIONS
These regulations (“Regulations”) defines the rules of usage and purchasing in www.ofhabit.com online store (“Store”). Before any action on Store, User is obliged to become acquainted to current Regulations. Entering Store and exploiting it indicates the acceptance of all rules of Regulations.
- www.ofhabit.com online store is conducted by of HABIT Agata Borowska with a registered office at: ul. Bruzdowa 116s/4, 02-991 Warsaw, Poland EU, NIP: 9481839501, REGON: 367448532 (“Seller” or “Service Provider”)
- One can effectively contact Service Provider by email:
- Order Form – interactive form available in online store which allows for placing Order, especially by adding Products to electronic basket and determining terms of the contract of sale, including means of payment and shipping,
- Consumer – User (as defined in Article 221 of Civil Code) being a natural person performing legal activities through Online Store which are not directly related to economic or professional activity,
- Account – data record conducted by Service Provider for User. It retains User’s data and data on his activities in Online Store. Access to Account allows for User to identify and perform the purchase of services and products through Online Store,
- Product – item offered by Service Provider through Online Store,
- User/Client – natural, legal person of age being able to fully perform legal transactions or business unit without legal personality that has legal capacity and makes a contract with Service Provider, including Consumer,
- Order – User’s declaration of intent filed by Order Form and directly leading to making a contract of sale of Product with Seller.
- User can use Online Store and make contracts with Service Provider selecting Products subject to conditions defined in Regulations.
- In terms of Products, User may make a contract of sale with Service Provider remotely using Online Store’s website. Detailed information concerning Products, including their prices are available on particular subpages with particular Products.
- Shopping in Online store may be done exclusively by persons being able to perform legal activities and having active Account or through filling a registration form or filling a form with shipping data (“no registration purchase”).
- Orders can be placed twenty-four-hour, all week. Orders placed on holidays are executed on first workday from the day the order was placed.
- In order to make a contract defined in Section 1 above User shall:
- Enter Online Store’s website,
- Become acquainted with Regulations,
- Become acquainted with Products offered by Service Provider through Store and their descriptions available on subpages concerning Products
- Choose Product or Products out of Products that are available on Store and add them to the basket by clicking the button with the symbol of a basket
- Calculate the cost of shipment of Products by clicking the “CALCULATE SHIPPING” button,
- Fill Order Form. User will be transferred from to order form by after clicking “PROCEED TO CHECKOUT” in which one shall enter personal data, shipping address and choose the method of payment,
- Accept Regulations by putting a mark in appropriate “check-box”,
- Click the button with the description “PLACE ORDER”.
- Contract hereinbefore mentioned in Section 2 is made in the moment of placing Order by User.
- After making a contract according to Section 5 mentioned hereinbefore, User shall receive e-mail message containing confirmation of making a contract and links allowing for downloading Regulations and withdrawal from a contract form.
- Price of particular Product which is displayed on Online Store’s website binds both parties since the moment of receiving confirmation of taking an order. Price mentioned in previous sentence shall not undergo any changes regardless changes of Price on Store, which follow after sending confirmation of taking an order to Client.
- Prices of Products on Store are gross prices. The Currency in which the prices are presented depends on User localization or shipping address. In case when the User is located in Poland or the shipping address is in Poland, the prices are presented in PLN (polish zloty). In the other case the prices are presented in EURO.
- Method of payment for Products is chosen by Client. Store enables the possibility for paying for Products via following methods:
- Direct bank transfer of money to Service Provider’s banking account for PLN no 94 1240 1040 1111 0010 7386 0973, for EURO PL41 1240 1040 1978 0010 7386 1257 (SWIFT: PKOPPLPWXXX) in 3 days since the moment of placing Order; In title, the number of order shall be provided. If the money are not transferred within aforementioned time, the order is automatically cancelled.
- Payment via Przelewy24.pl – internet payment system. Subjects providing service for online payments are PayPro S.A. – Settlement Agent – conducting authorization and settlements pursuant to the resolution of Chairman of Polish National Bank No 1/2011 of 1st April 2011 and providing payment service as a national payment institution pursuant to the resolution of Polish Financial Supervision Authority of 10 June 2014, entered into register of payment service along with DialCom24 Sp. z o.o. – Payment Agent – with number IP24/2014 (available at https://erup.knf.gov.pl/View/). Activity of PayPro S.A. as National Payment Institution undergoes the supervision of Polish Financial Supervision Authority.
- Complaints concerning payment filed by Clients shall be sent directly to Store. Should any reasons for complaint be not Store’s responsibility, Store passes the complaint to forenamed subjects providing online payment services within Przelewy24.pl service.
- Execution of Order begins after receiving the payment for Product and possible shipment cost. Maximal time of Order execution shall not be longer than 7 workdays, an under any circumstances shall not be longer than 14 days since making the contract of sale.
- Store restricts the possibility of changing prices of Products available on Store, introducing new Products for sale, introducing and withdrawing Promotional Actions on Store’s websites or introducing changes in accordance with Civil Code and other acts. Such actions shall not breach the rights of people who made contracts of sale of Products offered in Store before the introduction of forenamed changes.
- Total price obliging User includes the price of all ordered Products and their shipping price detailed in §4 thereinafter.
- Time of Order execution on Store, indicated in Order placement is the most probable time within which Order shall be executed. In exceptional situations time of Order execution is confirmed by Store’s employee via e-mail or phone.
- Products are shipped to indicated address via courier companies:
- DPD Polska Sp. z o.o.
- Poczta Polska S.A.
- Packages sent via Poczta Polska S.A. are not insured. Packages sent via DPD Polska Sp. z o.o. company are insured.
- In case of orders sent via DPD Polska Sp. z o.o. courier company, Client is obliged to contact Store when the package is not delivered within 3 workdays since the day of sending.
- In case of orders sent via Poczta Polska S.A., Client is obliged to contact Store when the package is not delivered within 7 workdays since the day of sending.
- Detailed price of the shipment of Products are displayed in the process of placing Order. Estimated shipment time in Poland is 3 workdays since the day following the package sending. Estimated shipment time outside Poland is displayed at Store’s website on subpage SHIPMENT AND PAYMENTS.
- When receiving the package delivered by courier, Client shall check the completeness of package, condition of package, condition of outer packaging and condition of ordered Product in the presence of courier. In case of any damage of package Client shall shall prepare shipping damage protocol with courier in two identical copies signed by Client and courier.
- The controller of personal data is of HABIT Agata Borowska with a registered office at: ul. Bruzdowa 116s/4, 02-991 Warsaw, Poland EU, NIP: 9481839501, REGON: 367448532. . The administrator can be contacted in writing at the address of the administrator’s registered office or on the e-mail address:
- User’s data can be processed in order to:
- presenting the offer or conclusion and performance of the contract – pursuant to art. 6 par. 1 lit. b Regulations PE and R (EU) 2016/679 of 27/04/2016 regarding the protection of individuals with regard to the processing of personal data (hereinafter: RODO). Providing personal data by the User is a condition for the conclusion and performance of the contract;
- direct marketing of the administrator’s own services, including for analytical purposes – pursuant to art. 6 par. 1 lit. f RODO;
- the realisation of a voluntary service of a free newsletter containing commercial information – pursuant to the Act of 18 July 2002 on the provision of electronic services.
Providing your personal data for marketing purposes is voluntary.
- Additionally, the recipients of Client’s personal data when using Online Store, may be:
- in case of choosing the method of shipment via postal or courier delivery, Controller shares received personal data of Client with chosen delivery company providing the shipment services on commission of Controller.
- in case of choosing online payment method or debit card by Client on Online Store, Controller shares received personal data of Client with chosen subject providing payment services in Online Store.
- 4. The User’s personal data will be kept for the period necessary to perform the contract. Data processed for the purposes of direct marketing will be stored until the User objects to the processing of his personal data.
The User has the right to access the data, the right to demand their rectification, removal or limitation of their processing.
To the extent that the basis for the processing of personal data is the premise of the legally justified interest of the administrator, the User has the right to object to the processing of personal data and the right to file a complaint to the supervisory body dealing with the protection of personal data.
- Sensitive User’s Data, including User’s personal data are protected by Seller from sharing with unauthorized people, as well as other instances of their exposure, loss, destruction or unauthorized modification of indicated data and information by the use of proper organizational and technical protection tools.
- Service Provider is the subject locating User’s cookies data on end device and can access them.
- Cookies data are used for following purposes:
- The adjustment of website’s contents to User’s personal preferences; cookies data recognize User’s device to display the website in accordance with User’s preferences;
- Preparation of statistics helpful in determining User’s habits and preferences, the analysis of this statistics is anonymous and allows for the adjustment of website’s contents and design to dominant trends. Statistics are further used for the evaluation of website’s popularity;
- Logging in to Store;
- Keeping Users logged in on every following Online Store’s page.
- In Store, following types of cookies data are used: session and persistent cookies. Session cookies are temporary, they are stored until Store’s website is left (by entering other website, logging out or turning off the web browser). Persistent cookies are stored in User’s end device by the time User deletes them or they disappear after certain time that is set.
- Web browser usually allows for storing persistent data on User’s end device as a default setting. User may change the settings in this aspect.
- Web browser allows for the deletion of cookies data. It is possible to automatically block cookies data. Detailed information on this subject are included in help or documentation of used web browser.
- Storing data and accessing them does not influence configurations of user’s end device and in software installed in this device.
- Information on means of deleting cookies data in popular web browsers are available on following web pages:
- User may withdraw from the contract covering Product without any explanation in 14 days since the day of receiving Order.
- To fit in time mentioned in Section 1, it is enough to send a declaration of withdrawal from the contract to Seller before deadline expires.
- Only Products without visible marks of usage, clean, complete, with intact labels and inserts may be returned.
- Declaration can be sent to ul. Bruzdowa 116s/4, 02-991 Warsaw, Poland EU or via e-mail at .
- Exemplary template of declaration of withdrawal from the contract is included in attachment no. to Act on Consumer Rights of 30 May 2014 (“Act”) and additionally it is available at the website of Online Store at subpage RETURNS AND COMPLAINTS. Consumer may use the template of declaration, yet it is not obligatory.
- In case of the withdrawal from the contract Product sale by User in the way described hereinbefore in this article:
- User is obliged to send Product to Seller to ul. Bruzdowa 116s/4, 02-991 Warsaw, Poland EU as soon as possible, not later than 14 days since the day User withdrawn from the contract of sale of Product. Deadline is kept when User returns Product in 14 days. Direct costs of return of Product are covered by User;
- Seller returns to User all payments received from User in no time, except costs of return delivery of Product exceeding minimal cost of delivery, no longer than in 14 days since the day of withdrawal from the contract of sale of Product to User.
- Seller returns payments via same methods they were used by User in original transaction, unless User agrees to other method. In any of these cases User shall not be charged any costs concerning this return.
- Seller may withhold the return of payment until the return of Product or until Seller receives confirmation of Product being sent, depending on which event takes place first.
- User is held responsible for the decrease of the value of Products being part of Order due to their use in a way exceeding the necessary way for estimating its characteristics, functionality and character.
- Complaints can be filed by User via e-mail at .
- Service Provider considers a complaint and notifies User about its consideration immediately, no longer than in 14 days since the day of its reception.
- In order to quicken the process of consideration, complaint should include brief description of the reason for the complaint and data allowing for User’s identification (number of Order from Store, name and surname).
- Hereinbefore mentioned resolutions do not exclude the possibility for User to vindicate User’s own rights in accordance with effective legal regulations.
- Pursuant to Article 558 Section 1 of Civil Code, Seller is not responsible for the warranty for the Product for Client not being Consumer.
- User that is Consumer can attempt extra-judicial ways complaint consideration and vindicate claims pursuant to regulations specified at www.uokik.gov.pl at subpage „rozstrzyganie sporów konsumenckich” and Online Settlement of Disputes Platform at http://ec.europa.eu/consumers/odr pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- Service Provider reserves the right to change Regulations due to undermentioned significant reasons:
- When change in Regulations is necessary due to changes in effective, generally applicable legal regulations or when resolutions in Regulations are deemed against the law – respectively within this scope;
- Obligation due to legally binding decision of the court or decisions of administrative bodies;
- Changes resulting from safety precautions, including actions preventing the use of service in a way that is against legal regulations and these Regulations;
- Introducing significant changes in Store’s functioning, including technical or technological development which also include changes in Service Provider’s systems.
- Amended Regulations including changes being in accordance with prior section shall be shared with User in advance. Amendments in Regulations introduced due to reasons other than those indicated in Section 1 above, especially those concerning the introduction of new services shall not modify contracts made with Users that were based on Regulations effective at the time of making a contract.
- Regulations are available in format allowing for its saving and displaying, allowing User to familiarize with it at any time and place. In terms of services provided electronically. Regulations are regulations mentioned in Section 8 of Act on Rendering Electronic Services of 18 July 2002 (Dziennik Ustaw [Journal of Laws] No. 144, Item 1204 as amended).
- In cases that are not regulated by Regulations, respective legal regulations of generally applicable law shall be applied.
- All photographies, graphics, logotypes, publication and texts available on Store are protected by Act on Copyrights and Related Rights on 4 February 1994 (Dziennik Ustaw [Journal of Laws] 1994 No. 24, Item 83). It is forbidden to copy, multiply or disseminate any contents available at Store’s website without Permission.
- Regulations become effective since the day of 25 May 2018.