Terms and Conditions – www.primavera-home.com
I. General Provisions
1. The online shop www.primavera-home.com, hereinafter referred to as “the e-shop”, allows you to make purchases via the Internet.
2. The owner and the seller in e-shop primavera-home is PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. KŁOBUCKA, nr 23B, lok. U1, 02-699, Warszawa (hereinafter referred to as the “Seller” or “we”) REGON: 380322806, NIP: 5372642157.
3. A complaint may be submitted to PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Brzeska 170a, 21-500 Biała Podlaska, the goods should be returned to the address: PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Brzeska 170a, 21-500 Biała Podlaska.
4. The goods offered by the Seller shall be presented in the e-shop at prices established in the price list and according to the following principles.
5. The Buyer is a natural or legal person or an unincorporated body who has registered their order and made the payment established in the price list, consented within the meaning of the Act on the Protection of Personal Data (codification – Journal of Laws of 2002, number 101, item 926, as amended) to process their personal data included in the order form for using the e-shop or for marketing purposes related to its functioning.
6. A Consumer is a natural person who performs a legal transaction with the entrepreneur not related directly to their business or professional activity.
7. The Seller declares that they conduct their business in a manner that does not distort the market behavior of an average consumer before concluding a product contract, during it or after its conclusion.
II. Conclusion of the Contract (making purchases)
1. Placing the order can be done 24 hours a day throughout the year by the purchasing system that is an integral part of the e-shop, or by phone from Monday to Friday from 8 a.m. to 6 p.m.
2. Orders placed on weekdays after 2 p.m., on Saturdays, Sundays and public holidays shall be processed on the next business day.
3. The provision of all data required in the order form is a condition necessary for the conclusion of the contract and the performance of the order.
4. The Seller may withdraw from the order in case of any irregularities in the order necessary for the delivery (in particular, incorrect presentation of personal data or contact details). If the shipments are paid by bank transfer, there is required a prior, full refund of the payment made to the Buyer and at the Seller's expense to the account the transfer was made from.
5. The Buyer may place an order or make a one-time registration as an e-shop user. This registration is free. The Seller undertakes to protect personal data in accordance with the Act of August 29, 1997 (The Act on the Protection of Personal Data, codification - Journal of Laws of 2002, number 101, item 926, as amended).
6. The Buyer may access the data of their user account at any time, in particular their own personal data, correct it and make a request to stop using or delete it.
7. In connection with the order placed, the Seller may contact the Buyer, in particular to verify the order. This verification will be made before the order is processed in form of telephone calls or e-mail messages with the Buyer so as to confirm the correctness of the order. The contact is at the expense of the Seller.
8. The Seller informs the Buyer about the ordered goods before sending the order.
III. Price and Terms of Payment
1. The Buyer is obliged to pay for the order, the price of the goods and delivery costs are included in the payment.
2. The price of the goods results from the offer of the e-shop and the content of the order placed by the Buyer in accordance with the price list in the e-shop.
3. Payment for the goods is made in a way chosen during placing an order and currently available methods of payment are prepayment, payment card, e-transfer or cash on delivery.
4. When making a transfer, it is marked as obligatory to provide the order number given in the confirmation in the title of the transfer. This is a prerequisite for the performance of the contract. If it is not met, the Seller will try to obtain this number from the Buyer. If the payment cannot be identified, its amount will be returned to the Buyer's account within 7 (seven) days, and the order related to it will be considered invalid and canceled.
5. Bank account number to which payments can be made in Polish currency: 83 2490 0005 0000 4500 5160 1429 PLN - maintained by ALIOR Centrala Warszawa ul.Łopuszańska 38D.
6. All fees related to the introduction of the goods are included in the price, thus the offered price is the gross price of the goods in PLN (delivery costs are specified in Chapter V of the Terms and Conditions).
7. The receipt is a standard proof of a purchase.
8. A VAT invoice is issued for a company and a private person at the request of the Buyer.
9. The Seller ceases to be bound by the Buyer's order if the payment is not received on the indicated bank account within 14 days from the date of sending the e-mail confirming the order (applies to payment by bank transfer or card).
IV. Terms of Order Fulfillment and Delivery
1. If orders are paid by bank transfer, payment card or in the e-payment system, the Seller shall start processing the order immediately after receiving the payment for the order, in case of cash on delivery - immediately after receiving the order.
2. The order cannot be modified after its prior approval.
3. The delivery is made by a courier company or another shipping company indicated by the Seller. The order fulfillment time is counted from the moment of receiving the payment.
4. The order fulfillment time does not exceed 35 business days, unless a different date is specified in the description of the product or when placing the order. In the case of temporary or permanent unavailability of the goods, the Buyer will be informed immediately. If the order consists of products with different completion dates, the order is sent to the Buyer according to the longest date appearing in the order. After prior arrangement with the Seller, it is possible to complete partially the order for individual products.
5. The Seller is not responsible for delays in production or transport resulting from causes beyond their control.
6. The purchased goods are sent to the address provided by the Buyer in the order form - place of performance.
7. The ordered products are delivered to the Buyer by the shipping company or by courier.
8. Products delivered by courier are provided from Monday to Friday during business hours of a particular courier company. In order to arrange the delivery details, the courier may contact the Buyer by phone (also text messages). We do not guarantee delivery of the goods by courier at the time specified by the Buyer in the order.
9. All packages are to be unloaded by a courier or other carrier from the car. The service of bringing furniture is not included in the price of transport.
10. If it is not possible to collect the shipment within the period specified, the Seller may charge additional costs related to the re-shipment or storage of the ordered product.
11. Before collecting the shipment from the courier, it is necessary to check that its packaging does not show any signs of damage resulting from transport. If the packaging is damaged, the shipment should not be accepted and a damage report should be prepared in the presence of the courier and the Customer Service Department contacted as soon as possible to clarify the matter. The written damage report is the basis for the further complaint procedure.
V. Delivery Costs
1. The cost of delivery is approved by the Buyer at the stage of making the order.
2. The weight and dimensions of the package, as well as the distance to the place of delivery and the method of payment are the factors determining the individual costs of delivery. Each time the Buyer is informed about the amount of the fee - before confirming the order.
3. The delivery costs and the payment for goods specified in the order are covered by the Buyer, unless the Seller decide to release the Buyer from the necessity to pay such a fee in whole or in part. It can be possible if the Seller introduces promotional offer, the Buyer shall be informed about it before confirming the order.
4. The cost of delivery is a separate item on the order and the accounting document (invoice or receipt) issued by the Seller to the Buyer and constitutes part of the total value of the order.
5. The cost of delivery outside Poland shall be determined individually with the e-shop service.
1. The rights of the Buyer who is a consumer resulting from the provisions of this point are independent of the rights under the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827).
2. If quality or quantity defects have been found in the purchased goods, the e-shop service must be contacted in order to consider the complaint as soon as possible.
3. Differences in the color of the fabric, leather, eco-leather, wood, laminated board, which result from different parameters of the monitor or graphics card, do not constitute grounds for a complaint. The photos presented on the store's website are illustrative, fabrics and colors may slightly vary from the available ones. The color of natural wood may differ from the color in the photo of the product. In addition, there may be differences in the structure and color of materials from distinct beams and differences between the offered fabric sampler and the fabric obtained in production. These are variations resulting from the natural dyeing process of fabrics and are independent of the Seller.
4. If the Buyer orders a piece of furniture upholstered with a fabric of the same color as the previously purchased furniture, there may be a difference in the shades of the selected fabric, which shall not constitute grounds for a complaint about the product. If the Buyer orders wallpapers of the same color and design, there may be a difference in the shade and size of the pattern, which shall not constitute grounds for a product complaint.
5. The Buyer can download the complaint form from the e-shop website, fill in all the fields and then send it back via e-mail. The Buyer may submit a complaint in writing or by e-mail.
6. In the case of returning the goods to the Seller, the Buyer is obliged to secure the claimed goods in a way that prevents their damage. The shipping address is as follows: PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Brzeska 170a, 21-500 Biała Podlaska.
7. The goods are collected from the Buyer at their own expense via a courier company.
8. If the complaint is found to be justified, the goods are replaced with another, full-fledged product, and if it is no longer possible, the Buyer is refunded the money. In the case of payment by a payment card, the refund is made to the account of the payment card from which the payment was made.
9. The Seller shall consider the complaint within 14 days of its receiving.
10. The dimensions of the products given in the e-shop may differ from the actual ones by +/- 4 cm, which results from technological processes. Rights due to quality defects shall expire:
1) within the time specified by the warranty card in the case that such a card was delivered with the goods - information about the duration of the warranty and a link to the document or to the subpage where you can find information about the content of the warranty included in the product card on the store's website.
2) in the case of a warranty within two years from the date of delivery of the item.
3) entitlements due to quantity defects should be reported immediately after receiving the shipment.
11. If the Buyer is a Consumer and the physical defect has been found within one year from the date of delivery of the product, the defect or its cause is deemed to have existed at the time of handing over the item to the Consumer or the carrier indicated by the Consumer.
12. The Seller delivers items without defects.
13. NOTE! IMPORTANT INFORMATION ON MIRROR FURNITURE. DUE TO JOINING DIFFERENT MATERIALS (WOOD, PLYWOOD, MDF BOARD, MIRROR, GLASS) we inform that in winter the furniture is recommended to be kept in the adaptation room to avoid thermal shock resulting from high temperature amplitude. The rooms where the furniture is used should be regularly aired (not applicable in winter) and the relative air humidity should be kept constant at the required level of 45% - 60% at the temperature of 18°C -24°C. In winter (heating period), it is absolutely necessary to use air humidifiers in order to maintain the required relative air humidity, since it is a condition of the guarantee.
VII. Withdrawal from the Contract and Return of Goods
1. If the Buyer wants to withdraw from the contract and return the goods, they may contact the e-shop service to determine the method of returning the goods.
2. The Buyer is obliged to secure the returned goods in a way that prevents their damage. The shipping address is as follows: PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Brzeska 170a, 21-500 Biała Podlaska.
3. Shipments sent to the address of the Seller with cash on delivery will not be collected.
4. In accordance with the Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827) the Buyer may withdraw from the contract concluded with the Seller without giving reasons within 14 (fourteen) days from the date of receipt of the shipment. To meet the deadline of withdrawing from the contract, it is sufficient to send a statement before its expiry (this does not apply to products specified in point 5).
5. The right to withdraw from a distance contract is not entitled to the Buyer in the case of ordering a non-prefabricated product, manufactured according to the Consumer's specification or serving to satisfy their individual needs, such as individually specified color or type of material the product is made of. All products made and requested to the order of the Buyer are non-returnable, in particular, there is no right to withdraw from the contract.
6. In the case of resignation from the order for non-prefabricated goods by the Buyer within 2 days from the date of the advance payment, it shall be fully refunded. If the Buyer resigns from the order after 2 days from the date of the advance payment, it is not refundable.
7. The Buyer is obliged to return the item to the Seller or hand it over to a person authorized by the e-shop for immediate collection, but not later than 14 days from the date on which they withdrew from the contract. To meet the deadline, the item is to be returned before its expiry.
8. The Consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
9. The money shall be refunded within 14 (fourteen) days from the date of receipt of the consumer's statement on withdrawal from the contract, provided that the Seller refrains from reimbursing the payments received from the Consumer until the item is returned or the Consumer provides proof of it, whichever occurs first.
10. The Seller shall refund the payment using the same method of payment as used by the Buyer, unless the Buyer has expressly agreed to a different method of return, which does not involve any costs for him. (In the case of payment by payment card, the refund shall be made to the account of the payment card from which the payment was made).
11. The Buyer may withdraw from the contract by submitting to the Seller a declaration of withdrawal from the contract. The declaration may be submitted on the form, a specimen of which is attached as Appendix 1 to these Terms and Conditions.
12. The Seller does not provide the option of submitting a declaration of withdrawal from the contract by electronic means.
13. The Buyer may return the item via the GLS courier company, the addresses of which the Buyer will find here, the shipping fee is in this case covered by the Buyer. The Buyer bears only the direct cost of returning the items. Due to the size and weight of the goods, in the case of withdrawal from the contract, returning the goods may involve higher costs than ordinary mail.
14. The Buyer is obliged to secure the returned goods in a way preventing their damage. The shipping address is as follows: PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Brzeska 170a, 21-500 Biała Podlaska.
15. Shipments sent to the address of the Seller with cash on delivery will not be received.
VIII. Confidentiality of Personal Data
INFORMATION CLAUSE WHEN RECEIVING DATA DIRECTLY FROM THE PERSON
According to Art. 13 (1) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter referred to as “GDPR”), we inform that:
1. The administrator of your personal data is PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Biała Podlaska, ul. Brzeska 170, lokal A, 21-500 Biała Podlaska, entered into the register of entrepreneurs kept by the Central Registration and Information on Business under the REGON number: 361233925, NIP: 537-254-05-34 (hereinafter referred to as the "Seller").
2. A person responsible for data protection in PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA is Mrs Agnieszka Juśkiewicz, e-mail address- firstname.lastname@example.org
3. Your personal data will be processed on the basis of Art. 6 (1) points a) - c) GDPR in order to conclude a contract with PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA for the provision of services offered and performance of this contract, as well as for the performance of legal obligations of the Seller, direct marketing, compilation, analyzes and statistics, verification of payment reliability, handling complaints and notifications, technical support, financial settlements, including issuing accounting documents.
4. PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA can transfer your personal data to third parties and, consequently, it may be received by subcontractors. The basis for such a process is the contract you have concluded, mandatory provisions of law as well as the request of authorized courts, authorities and institutions.
5. Your personal data, as a rule, is not transferred outside the EEA. Such a transfer may, however, take place when it is necessary to provide your service, in particular, if it requires the participation of subcontractors based outside the EEA.
6. Your personal data will be stored for the duration of the contract concluded by you for the provision of services offered by PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALOŚCIĄ SPÓŁKA KOMANDYTOWA, in connection with which your personal data is processed, and after this period until the expiry of the limitation period for claims resulting from the contract for the provision of services offered by the Seller. However, your personal data recorded in the accounting documentation will be kept for the period specified in applicable law, including tax regulations.
7. If there are no restrictions under the GDPR and other legal provisions, you may access your personal data and have the right to rectify, delete, limit processing, transfer personal data, to object, and to withdraw consent at any time if the processing is based on your consent.
8. You have the right to lodge a complaint with a supervisory authority within the meaning of the GDPR, if the processing of your personal data is understood as the violation of the provisions of the GDPR.
9. To the extent necessary to perform the contract concluded by you with the Seller for the provision of services offered, as well as to the extent necessary to take action at your request and to the extent necessary for PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, processing your personal data takes place on the basis of a legal provision, i.e. Art. 6 (1) points b) and c) GDPR, without the need to consent to the processing of your personal data. In cases other than aforementioned, providing your personal data is voluntary. However, if the consent to the processing of your personal data has been expressed by you only for marketing purposes, providing it is voluntary, but the refusal or withdrawal of consent will prevent the Seller from informing you about new offers and promotions.
10. You may be subject to a decision based solely on the automated processing of personal data, including profiling, if we are entitled for such an action by the applicable law or if you have previously consented to it.
IX. Intellectual Property
1. The entire content of the e-shop's websites (illustrations, text, names, brands, photos, videos) is the property of the Seller. Any partial or total reproduction of the content made by any means and on any medium requires the prior and explicit consent of the Seller.
2. All information, content and software are protected by intellectual property and copyright. The Seller may grant the right to copy, display or distribute the entire content of the website. Any unlawful use of this content by third parties may be the subject of legal proceedings.
X. Final Provisions
1. If the Seller cannot perform the obligation due to even a temporary inability to implement it according to the Buyer’s order, they may provide substitute performance instead, corresponding to the same quality and purpose and for the same price, informing the Buyer in writing about their right. The Buyer may not accept this service and withdraw from the contract, with the return of the goods at the expense of the Seller.
2. The information on the website of primavera-home.com does not constitute an offer within the meaning of the Civil Code. The Customer placing an order via the primavera-home.com store website submits an offer to buy a specific product under the conditions specified in the product description.
3. After placing the order, the Customer receives from PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA an automatically generated e-mail confirming the registration of the order. This e-mail is not treated as a declaration of acceptance of the offer and conclusion of a sales contract. The sales contract is concluded after PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA confirms the availability of the product and accepts the Customer's order, which will be confirmed by a separate e-mail or by phone after completing the order.
4. The Seller is allowed to change the prices and quantity of goods in the e-shop's offer during the day, withdraw individual products from the offer and introduce new ones. Changes in prices, parameters, delivery conditions, etc. do not apply to orders placed and confirmed.
5. The applicable law is Polish law, including in particular the Civil Code and, in relation to contracts concluded with consumers, the Act of May 30, 2014 on consumer rights (Journal of Laws 2014.827).
6. The parties may pursue their claims in court proceedings, in mediation proceedings or before an arbitration court jointly determined by the parties.
XI. Information on the Withdrawal from the Contract
1. You may withdraw from the contract within 14 days without giving any reason. This does not apply to items specified in point 7, section 5.
2. The withdrawal period will expire after 14 days from the day on which you acquired the goods physically, or a third party indicated by you, other than the carrier, acquired the aforementioned items. To exercise your right of withdrawal, you must inform us (PRIMAVERA HOME SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Brzeska 170a, 21-500 Biała Podlaska, Tel. +4883 343 38 13 ; +48 790 215 051 email@example.com) about your decision to withdraw from the contract by an unequivocal statement (e.g, a letter sent by post, fax or e-mail).
3. You may use the withdrawal form attached to these regulations, but it is not obligatory.
4. The Seller does not provide the possibility of submitting a declaration of withdrawal from the contract by electronic means.
5. To meet the deadline for withdrawing from the contract, it is sufficient to send a statement before its expiry.
6. Consequences of withdrawal from the contract:
1) If you withdraw from the contract, we shall reimburse you all payments received from you, including delivery costs (except for additional costs resulting from the form of delivery chosen by you other than the offered cheapest standard one), immediately, and in any case no later than 14 days from the date we were informed about your decision to withdraw from the contract.
2) The payment shall be refunded using the same form of payment as used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any charges connected with the return.
3) The reimbursement may be withheld until we receive the item or until proof of its return is provided to us, whichever occurs first.
4) You will have to bear the direct cost of returning the goods.
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