Regulations

ONLINE STORE HEYBABY.COM.PL

 

TABLE OF CONTENTS: 
  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT
  4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
  6. PRODUCT COMPLAINT
  7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT TO WITHDRAW FROM THE CONTRACT
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. FINAL PROVISIONS
  11. TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT

 

The www.heybaby.com.pl Online Store cares for the rights of consumers. The consumer may not waive the rights granted to him in the Act on Consumer Rights. Contract provisions less favorable to the consumer than the provisions of the Act on Consumer Rights are invalid, and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights they enjoy under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and should be applied. 

 

1. GENERAL PROVISIONS 

1.1. Online Store available at the internet address www.heybaby.com.pl is run by Maciej Kornacki, who runs a business under the name of HEY BABY MACIEJ KORNACKI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: the address of the place of business and address for service: ul. Mikołaja Kopernika 90B, 81-456 Gdynia, NIP 9581530849, REGON 384551254 and e-mail address: hey@heybaby.com.pl. 

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise and is addressed only to consumers or entrepreneurs. 

1.3.The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for a period and based on the grounds and principles indicated in privacy policy published on the website of the Online Store. The privacy policy contains primarily rules regarding the processing of personal data by the Administrator in the Online Store, including the basics, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller). 

1.4. definitions: 

1.4.1. WORKING DAY - one day from Monday to Friday, excluding public holidays. 

1.4.2. CONTACT FORM - Electronic Service, a form available in the Online Store that allows you to send an inquiry to the Seller, e.g. about the Product.

1.4.3. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account. 

1.4.4. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and determining the terms of the Sales Agreement, including the method of delivery and payment. 

1.4.5. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller. 

1.4.6. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended). 

1.4.7. ACCOUNT - Electronic Service, marked with an individual e-mail address (e-mail address) and a password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

1.4.8. PRODUCT - a movable item available in the Online Store which is the subject of the Sales Agreement between the Customer and Dealer. 

1.4.9. TERMS AND CONDITIONS - these terms and conditions of the Online Store. 

1.4.10. ONLINE STORE - the Service Provider's online store available at: www.heybaby.com.pl

1.4.11. DEALER; SERVICE PROVIDER - Maciej Kornacki running a business under the name of HEY BABY MACIEJ KORNACKI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister competent for economy, having: address of the place of business and address for service: ul. Mikołaja Kopernika 90B, 81-456 Gdynia, NIP 9581530849, REGON 384551254 and e-mail address: hey@heybaby.com.pl. 

1.4.12. SALES AGREEMENT - Product sales agreement concluded or concluded between the Customer and the Seller via Online Store. 

1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via Online Store. 

1.4.14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity - using or intending to use the Electronic Service. 

1.4.15. CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 of d.). 

1.4.16. ORDER - Customer's declaration of intent submitted via the Order Form and directly aimed at conclusion Product Sales Agreement with the Seller. 

 

2. ELECTRONIC SERVICES IN THE ONLINE STORE 

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Contact Form. 

2.1.1. Account - using the Account is possible after completing two consecutive steps by the Service Recipient - (1) completing the Registration Form and (2) clicking the "Further". In the Registration Form, it is necessary for the Customer to provide the following Customer's data: name and surname, e-mail address and password. 

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: hey@heybaby.com.pl or in writing to the address: ul. Mikołaj Kopernika 90B, 81-456 Gdynia. 

2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed two consecutive steps - (1) after completing the Order Form and (2) clicking on the Online Store website after completing the Order Form field "Please confirm your purchase"- until this moment it is possible to modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname, address (street, house / flat number, zip code, city, country), e-mail address and data regarding the Sales Agreement: Product / s, Product quantity / s, place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and tax identification number. 

2.1.2.1. The Electronic Service Order Form is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it earlier. 

2.1.3. Contact Form - using the Contact Form takes place after (1) filling out the Contact Form available in the tab "Contact" and (2) clicking on the Online Store website after completing the Contact Form field "Send"- until then, it is possible to modify the entered data on your own (to do this, follow the displayed messages and information available on the Online Store website). In the Contact Form, it is necessary for the Customer to provide the name, e-mail address and the content of the inquiry.

2.1.3.1. The Electronic Contact Form service is provided free of charge and is of a one-off nature and ends when the inquiry is submitted through it or when the Customer ceases to submit the inquiry through it.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; (4) enabling cookies and Javascript support in the web browser. 

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and decency, having regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content. 

2.4. The complaint procedure for Electronic Services: 

2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations), the Customer may submit, for example: 

2.4.1.1. in writing to the following address: ul. Mikołaja Kopernika 90B, 81-456 Gdynia; 

2.4.1.2. in electronic form via e-mail to the following address: hey@heybaby.com.pl. 

2.4.2. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the Customer's requests; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. 

2.4.3. The Service Provider shall respond to complaints immediately, not later than within 14 calendar days from the date of its submission. 

 

3. CONDITIONS FOR CONCLUDING A SALE AGREEMENT 

3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order with The Order Form in the Online Store in accordance with point 2.1.2 of the Regulations. 

3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. About the total price including taxes of the Product being the subject of the Order, as well as about the delivery costs (including charges for transport, delivery and postal services) and about other costs, and when it is not possible to determine the amount of these fees - the obligation to pay them, the Customer is informed on the website of the Online Store when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement. 

3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form 

3.3.1. Conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Store Internet in accordance with point 2.1.2 of the Regulations. 

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller. 

3.4. Consolidating, securing and providing the Customer with the content of the concluded Sales Agreement takes place by (1) providing these Regulations on the Online Store website and (2) sending the Customer the e-mail message referred to in point 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store. 

 

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT 

4.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement: 

4.1.1. Payment by bank transfer to the Seller's bank account. 

4.1.2. Electronic payments and card payments via Paylane.pl - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website link

4.1.2.1. Settlements of electronic payments and payment cards are carried out in accordance with the Customer's choice via Paylane.pl. The service of electronic payments and payment cards is provided by the company "PAYLANE" Sp. z o.o. with its registered office in Gdańsk (address: ul. Norwida 4, 80-280 Gdańsk), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Department of the National Court Register under the number KRS 0000227278, NIP 5862141089, REGON 22001053, with share capital of PLN 3,201,000.00. 

4.2. The customer is obliged to make the payment on time 3 calendar days from the day of concluding the Sales Agreement, but not later than before shipment or collection of the Product. 

 

5. COST, METHODS AND DEADLINE FOR DELIVERY AND RECEIPT OF THE PRODUCT 

5.1. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab on delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement. 

5.2. Personal collection of the Product by the Customer is free. 

5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product: 

5.3.1. Courier delivery. 

5.3.2. In the case of large-size Products or ordered in bulk quantities - delivery is carried out by the chosen by Seller a transport company specializing in the transport of such goods. 

5.3.3. Personal collection available at: ul. Mikołaja Kopernika 90B, 81-456 Gdynia - on Tuesdays and Thursdays, from 09:00 to 19:00. 

5.4. Product delivery date to the customer is up to 30 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 30 Business Days. The beginning of the period of delivery of the Product to the Customer counts from the date of crediting the Seller's bank account or settlement account. 

5.5.The date of readiness of the Product for collection by the Customer - if the Customer chooses to pick up the Product personally, the Product will be ready for pickup by the Customer within 2 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different terms of readiness for collection, the term of readiness for collection is the longest period provided, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted from the date of crediting the Seller's bank account or settlement account. 

 

6. PRODUCT COMPLAINT 

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code). 

6.2. The Seller is obliged to provide the Customer with a Product without defects. 

6.3. The complaint may be submitted by the customer, for example: 

6.3.1. in writing to the following address: ul. Mikołaja Kopernika 90B, 81-456 Gdynia; 

6.3.2. in electronic form via e-mail to the following address: hey@heybaby.com.pl. 

6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint - this will facilitate and accelerate the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. 

6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer demanded the replacement of the item or removal of the defect or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 calendar days, it is considered that the request was considered justified. 

6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: ul. Mikołaj Kopernika 90B, 81-456 Gdynia. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located. 

 

7. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS AND RULES ACCESS TO THESE PROCEDURES 

7.1.Detailed information on the possibility for the Customer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: link

7.2. There is also a contact point at the President of the Office for Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Plac Powstańców Warszawy 1, 00-030 Warsaw.), Whose task is inter alia, providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes. 

7.3.The consumer has the following examples of possibilities to use extrajudicial methods of dealing with complaints and redress: (1) a request to settle a dispute to a permanent amicable consumer court (more information on the website: link); (2) a request for out-of-court resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (among others, the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail atady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (hotline open on Business Days between 8:00 and 18:00, connection fee according to the operator's tariff). 

7.4.Under addressa platform for the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : link). 

 

8. RIGHT TO WITHDRAW FROM THE CONTRACT 

8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract can be made, for example: 

8.1.1. in writing to the following address: ul. Mikołaja Kopernika 90B, 81-456 Gdynia; 

8.1.2. in electronic form via e-mail to the following address: hey@heybaby.com.pl. 

8.2. An example template of the withdrawal form is provided in Annex 2 to the Consumer Rights Act and additionally available in item 11 of the Regulations. The consumer may use the template form, but it is not mandatory. 

8.3. The period for withdrawal from the contract begins: 

8.3.1. for the contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consist in regular delivery of Products for a limited period of time - from taking possession of the first of the Products; 

8.3.2. for other contracts - from the date of the contract. 

8.4. In the event of withdrawal from a distance contract, the contract is considered void. 

8.5. The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller reimburses the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer, he may refrain from reimbursement of payments received from the consumer until the Product is returned or the consumer has provided proof of its return, whichever occurs first. 

8.6. The consumer is obliged to immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer may return the Product to the following address: ul. Mikołaj Kopernika 90B, 81-456 Gdynia. 

8.7. The consumer is responsible for the diminished value of the Product as a result of its use going beyond what is necessary to establish the nature, characteristics and functioning of the Product. 

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear: 

8.8.1. If the consumer has chosen a method of product delivery other than the cheapest ordinary delivery method available in the Online Store, The seller is not obliged to refund the additional costs incurred by the consumer. 

8.8.2. The consumer bears the direct costs of returning the Product. The obligation for the consumer to bear the cost of returning the Product also applies to Products that, due to their nature (e.g. excessive size) cannot be sent by ordinary post. For this purpose, the consumer may use the services of the ClickTrans portal available at: link. An example of the cost of sending an oversized shipment (e.g. a cot) via the ClickTrans portal is in the range of PLN 100-200 gross, depending on the size and weight of the Product. Detailed information on the possible costs of Product return is available on the ClickTrans website. 

8.8.3. In the case of a Product which is a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after making such a request, is required to pay for the services fulfilled until the withdrawal from the contract. The amount of the payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided. 

8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts: 

8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; (2) where 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 to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things; (7) where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly demanded that the Seller visit him for urgent repair or maintenance; if the Seller provides additional services other than those demanded by the consumer or provides Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision; (13) for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract. 

 

9. PROVISIONS CONCERNING ENTREPRENEURS 

9.1. This section of the Regulations and the provisions contained herein apply only to Customers and non-Recipients consumers. 

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller. 

9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement. 

9.4. When the Seller releases the Product to the carrier, the non-consumer Customer receives the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In this case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for transport until its delivery to the Customer and for delay in the delivery of the shipment. 

9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that during transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier. 

9.6. According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a non-Customer consumer is excluded. 

9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the Service User an appropriate statement. 

9.8. The liability of the Service Provider / Seller towards the Service Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, not more than one thousand zlotys. The Service Provider / Seller is liable to the Service Recipient / Customer who is not a consumer only for typical damages predictable at the time of concluding the contract and is not responsible for the lost benefits in relation to the Service User / Customer who is not a consumer. 

9.9. All disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted the court having jurisdiction over the seat of the Seller / Service Provider. 

 

10. FINAL PROVISIONS 

10.1. Agreements concluded through the Online Store are concluded in Polish. 

10.2. Changing the Regulations: 

10.2.1. The Service Provider reserves the right to amend the Regulations for important reasons, i.e. changes to the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. 

10.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended Regulations bind the Service Recipient if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current fees, the Service Recipient who is a consumer has the right to withdraw from the contract. 

10.2.3. In the event of concluding, on the basis of these Regulations, agreements of a nature other than continuous agreements (e.g. Sales Agreement), amendments to the Regulations will not in any way infringe the acquired rights of Service Recipients / Customers who are consumers before the date of entry into force of the amendments to the Regulations, in particular, amendments to the Regulations will not apply influence on already placed or submitted Orders and concluded, implemented or executed Sales Agreements. 

10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws of 2000 No. 22, item 271 with as amended) and the Act on specific conditions of consumer sale and amendment to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014 with customers who are consumers - provisions of the Act on Consumer Rights; and other relevant provisions of generally applicable law. 

10.4. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding the contract with the Service Provider / Seller, which cannot be excluded by contract. In this case, the Service Provider / Seller guarantees the consumer the protection granted to him on the basis of provisions that cannot be excluded by agreement. 

 

11.  TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT 

(ANNEX NUMBER 2 TO THE ACT ON CONSUMER RIGHTS) 

 

Model withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract) 

- Addressee: 

HEY BABY MACIEJ KORNACKI ul. Mikołaja Kopernika 90B, 81-456 Gdynia heybaby.com.pl hey@heybaby.com.pl 

- I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*) 

- Date of conclusion of the contract (*) / receipt (*) 

- Name and surname of the consumer (s) 

- Address of the consumer (s) 

- Signature of the consumer (s) (only if the form is sent in paper version) 

- Date 

(*) Delete as applicable.