The Online Store slow grow available at the address www.slowgrow.pl (hereinafter: "Online Store" or "Store") is operated by the company OFFLINE KIDS Sp. z o.o. with its registered office in Warszawa, address: ul. Sienna 64, 00-825 Warszawa, Poland, Tax ID no. (NIP): 5213916346 (hereinafter: "Seller"), entered into the National Court Register under number KRS: 0000876471; Register Court which holds the company's documentation: District Court for M.St. Warszawa in Warszawa, XIII Commercial Department of National Court Register, share capital: PLN 5,000.
OFFLINE KIDS Sp. z o.o.
ul. Sienna 64
E-mail address: email@example.com
- +48 500 652 981
- +48 506 160 620
Address for correspondence and returns:
Sklep online slow grow
ul. Magazynowa 13b/64
I. General provisions
- These Terms and Conditions define the rules for using the Store and purchasing products offered in the Store, delivery and payment methods, the principles of the complaint procedure, withdrawal from the contract, rules for registration and use of registered user accounts, as well as rules for sending the Newsletter.
- In order to view the contents of the Online Store it is necessary to have a device that allows access to the Internet, including a program used to view its resources (standard web browser). In order to place an order in the Store, it is also necessary to have an active e-mail account.
- User is obliged to use the Online Store in a manner consistent with its intended use and the provisions of these Terms and Conditions. It is forbidden to provide unlawful content while using the Store, in particular by sending such content via a contact form.
- Users can communicate with the Seller by e-mail, telephone and in writing. The necessary contact information is indicated in the introduction of these Terms and Conditions. The Seller also allows contact through social media channels such as Facebook profile @Slow grow and Instagram profile @slow.grow_. Within the framework of the aforementioned social media services, the Seller responds to sent messages from Monday to Friday from 10:00 am to 4:00 pm.
- The Seller does not charge any fees for communication with him when using the means of remote communication and the user shall bear the costs thereof in the amount resulting from the agreement concluded with the supplier providing the user with services enabling such remote communication.
II. Rules for placing orders
- Buyers can place orders in the Store as a registered user or as a guest. Orders may be placed by natural persons with full legal capacity or legal persons.
- Orders can be placed 24 hours a day, 7 days a week, throughout the year. In the event of a malfunction or the need to carry out update works on the Store or similar works, the use of the Store or some of its functionalities may be disabled or limited. In this case, however, the Seller will make every effort to remove the malfunction as soon as possible, and in the case of work that can be planned in advance, the Seller will inform users in advance of possible disruptions.
- In order to place the order, it is necessary to add the products to the basket and complete the order form along with providing complete and correct data necessary for the shipment of goods. Providing incomplete or false data may cause a delay in the delivery of the order. At the stage of placing the order it is also necessary to choose the delivery and payment method for the order.
- The conclusion of a distance sales contract for the products being the subject of the order takes place between the Seller and the buyer after the buyer has placed the order, subject to the next sentence. In the case of personalized products offered by the Seller or products on individual request of the buyer (if the Store offers such a possibility, which will be indicated in the description of a given product), the sales contract is concluded when the Seller confirms the order by individual arrangements via e-mail.
- After placing the order, the Seller immediately confirms its receipt to the buyer by sending an e-mail with a summary of the order to the e-mail address of the buyer provided at the time of placing the order (confirmation of conclusion of the contract). In case the order confirmation has not arrived, please check if the order confirmation is not in SPAM, and if it is not, please contact the Seller by phone or e-mail.
III. Payment method and terms
- Available payment methods depend on which country the order is to be shipped to. For orders shipped to an address in Poland, available payment methods include among others immediate transfer and BLiK. The online payment service provider for immediate transfer payments is Blue Media S.A. Other available methods of payment are indicated on the website of the Store in the "Payments" tab, and additionally within the shopping path after adding products to the cart and proceeding by the buyer to finalize the order. The order is finalized and placed by clicking on the active "order and pay" button or with a similar content by the buyer.
- The payment for the order is expected 48 hours after placing the order. If the payment is not made within this period, the Seller will contact the buyer in this matter. If the buyer chooses "cash on delivery" payment upon delivery - if the Store currently offers this method of payment and delivery, the buyer is obliged to make the payment upon delivery.
- All product prices shown in our Store are gross prices (including taxes) and are expressed in PLN or EUR, depending on the buyer's choice of the language in which the Store is displayed and the destination country of the order. The same currency is used to pay for the products.
- The Seller does not use an algorithm that adjusts prices based on automated decision making.
- Product prices do not include delivery costs. Delivery costs will be automatically added to the order sum during the ordering process, i.e. during the subsequent steps of the shopping path, after the buyer has selected the appropriate delivery method.
- The Seller sends a VAT invoice covering the products from the order by e-mail to the e-mail address provided by the buyer. Acceptance of these Terms and Conditions constitutes buyer’s consent to the sending of invoices in electronic form, pursuant to Art. 106n paragraph 1 of the Act of March 11, 2004 on tax on goods and services (polish: Ustawa o podatku od towarów i usług), on the terms described in the Terms and Conditions.
- The buyer who is a VAT payer and makes a purchase within the framework of the conducted business activity is obliged to provide data for issuing an invoice at the latest when placing an order. The Seller is not able to issue an invoice to VAT payers at a later date.
IV. Delivery of physical products
- We deliver our products throughout the European Union by registered mail.
- The buyer chooses the delivery method during the ordering process, according to the delivery methods currently offered by the Store.
- The delivery costs are borne by the buyer. The current methods and costs of delivery are listed during the shopping path.
- Products are shipped within a maximum of 3 working days unless a different shipping time results from the description of the product. This term is counted from the moment of booking the payment on Seller's account in case of traditional bank transfer, and in other cases - from the moment of positive authorization of payment. In the case of choosing cash on delivery, the indicated period is counted from the moment of placing the order. The time needed to perform the transport service by the selected carrier should be added to the above mentioned time (usually 1-3 business days for domestic shipments (in Poland) and about 4-7 business days for shipments within the European Union).
V. Right of withdrawal
- The provisions of this Chapter V shall apply only to a buyer who is a consumer and to the entrepreneur with consumer rights.
- A consumer is a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
- A natural person concluding a contract directly related to his business activity is considered an entrepreneur with the consumer rights, if the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity (polish Centralna Ewidencja i Informacja o Działalności Gospodarczej) or equivalent register.
- A buyer who is a consumer or an entrepreneur with consumer rights within the meaning of sec. 3 above may withdraw from the distance sales contract without giving a reason and incurring additional costs in this respect, except for the direct costs of returning / sending the goods to the Seller, and subject to sec. 5 below.
- The right to withdraw from a distance contract shall not apply in a situation where the subject of the order is a non-prefabricated item, manufactured according to the buyer's specification or adapted to his individual needs and/or wishes.
- The right to withdraw from the contract (if applicable) can be exercised within 14 days from the date of receipt of goods by the buyer or a third party indicated by him other than the carrier, by submitting an appropriate statement to the Seller.
- In order to comply with the deadline for withdrawal from the sales contract it is sufficient to send an appropriate statement by e-mail to the address: firstname.lastname@example.org. The statement of withdrawal may be sent using the contact form available at www.slowgrow.pl under the "Contact" tab or in writing to the Seller's correspondence address indicated in the introduction to these Terms and Conditions. In order to withdraw from the agreement, the Buyer may use the model withdrawal form available as Attachment No. 1 to these Terms and Conditions - consumer withdrawal form, or as Attachment No. 2 to these Terms and Conditions - entrepreneur withdrawal form with consumer rights, but it is not obligatory.
- In the case of withdrawal from the sales contract, the contract shall be considered as not concluded (to the extent to which the withdrawal applies) and the parties shall be obliged to return what they have mutually provided.
- The Buyer withdrawing from the contract is obliged to return the goods to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. In order to meet the deadline, it is sufficient to send back the goods before the expiry of the aforementioned term.
- When sending the returned product back to us, please make sure that it is packed in a way that ensures safety and no damage to the shipment during transport. We also kindly ask that the product is packed in its original packaging and has tags. Sending the products in their original packaging guarantees their safety during transport.
- The buyer who withdraws from the contract is responsible for the reduction in the value of the product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
- The Seller is obliged to immediately, but not later than within 14 days from the date of receipt of the declaration of withdrawal from the sales contract, return all payments made by the party withdrawing from the contract, i.e. the purchase price and delivery costs, subject to sec. 13 and sec. 14 below. In the event of a partial return of the order, the above-mentioned shipping costs will not be reimbursed.
- The Seller has the right to withhold the reimbursement of payments received from the buyer who withdraws from the contract until the products are returned or proof of their return is provided, whichever occurs first.
- If the buyer withdrawing from the contract has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Seller, the Seller shall not be obliged to reimburse additional costs incurred by the buyer, i.e. beyond the least expensive standard delivery method offered by the Store.
- The Seller shall refund the payment using the same payment method as chosen by the buyer when placing the order, unless the buyer expressly agrees to a different method of refund, e.g. to the bank account specified by the buyer.
- In any event, the buyer will not incur any fees related to the reimbursement of the payment by the Seller.
VI. Complaints regarding physical products
The provisions of this Chapter VI shall apply only to a buyer who is a consumer and to the entrepreneur with consumer rights in the meaning of Chapter V sec. 2 and sec. 3 above.
- All products in the Store are new. The Seller undertakes to deliver products in accordance with the contract.
- The Seller shall be liable for the non-conformity of products with the contract existing at the time of delivery of the product and disclosed within two years from that time, unless the shelf life of the product specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
- If the buyer buyer finds that the product is not in conformity with the contract, he is entitled to demand repair or replacement. The Seller may:
- make a replacement when the buyer demands repair, or
- make a repair when the buyer demands a replacement,
if bringing the product into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the product into conformity with the contract.
- The buyer shall make available the product to be repaired or replaced, and the Seller shall collect it at his expense. The cost of repair or replacement, including in particular the cost of postage, transportation, labor and materials, shall be borne by the Seller. We kindly ask to pack the defective product in such a way that the packaging protects it from damage during transportation.
- If the complaint is justified, the Seller shall repair or replace the product within a reasonable period of time, not exceeding 21 days, from the moment the Seller was informed by the buyer of the non-conformity of the product with the contract, and without undue inconvenience to the buyer, taking into account the nature of the product and the purpose for which the buyer purchased the product.
- If the product is not in conformity with the contract, the buyer may submit a statement of price reduction or withdrawal from the contract when:
- The Seller has refused to bring the product into conformity with the contract in accordance with sec. 3 above
- The Seller has failed to bring the product into conformity with the contract in accordance with sec. 4-5 above;
- The product's lack of conformity with the contract continues even though the Seller has tried to bring the product into conformity with the contract;
- The product's lack of conformity with the contract continues even though the Seller has tried to bring the product into conformity with the contract;
- The lack of conformity of the product with the contract is so significant that it justifies a reduction in price or withdrawal from the contract without first resorting to the remedies set forth in sec. 3 above;
- It is clear from the Seller's statement or circumstances that he will not bring the product into conformity with the contract within a reasonable time or without undue inconvenience to the buyer.
- The reduced price must remain in such proportion to the contract price as the value of the non-conforming product remains to the value of the conforming product (product without a defect). If the complaint is accepted in such a way as to justify the return of the payment made for the purchased product, the refund will be made immediately, but no later than within 14 days from the date of receipt of the buyer's statement of price reduction. The refund will be made in a manner analogous to that in which the payment for the goods was made when shopping in the Store.
- The buyer may not withdraw from the contract if the lack of conformity of the product with the contract is insignificant.
- If the non-conformity with the contract applies only to certain products delivered under the contract, the buyer may withdraw from the contract only with respect to these products, as well as with respect to other products purchased by the buyer together with the non-conforming products, if the buyer cannot reasonably be expected to agree to keep only the conforming products.
- In the event of withdrawal from the contract as a result of a complaint, the buyer must immediately return the goods to the Seller at the Seller's expense. The Seller shall return the price to the buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return. The price shall be returned in a manner analogous to that in which the payment for the product was made, unless the buyer has expressly agreed to a different method of return that does not involve any costs for him.
- The buyer can report his claims of non-conformity of products with the contract in particular to the e-mail address: email@example.com. Complaints may also be submitted in another way chosen by the buyer, e.g. by sending a complaint to the Store's postal address indicated in the introduction to these Terms and Conditions.
- In order to speed up and improve the complaint process, please include in your complaint letter following information: full name, order number and/or invoice number, the reason for the complaint (description of non-compliance of the product with the contract), the date of receipt of goods and the date on which the non-compliance was found, as well as the claim you wish to make. To facilitate the complaint procedure the buyer may use the complaint form available as Attachment No. 3 to these Terms and Conditions and in the "Returns" tab (use of the form is not obligatory, however). Please enclose the complaint form to the return shipment with the claimed product.
- The Seller will notify the buyer about the method of considering the complaint by e-mail or in writing to the address indicated in the complaint letter, in accordance with the buyer's preferences.
- If the complaint about the product is not accepted, the product will be returned by the Seller to the buyer at the cost of the Seller together with an opinion on unfounded complaint. The product will be returned to the buyer's address given in the order, unless the buyer gives a different address in the complaint letter.
VII. Special provisions for entrepreneurs
- The provisions of this Chapter VII apply only to buyers who are entrepreneurs. An entrepreneur is a natural person, a legal person and an organizational unit that is not a legal person, which is granted legal capacity by a separate act, doing business in its own name.
- All products offered by our Store are new.
- The warranty lasts 2 years after the products are released from the Store. The rights and obligations for product defects between the Seller and the entrepreneur are governed by the provisions of the polish Civil Code.
- In relations between entrepreneurs, the parties assume that in the moment of delivery of the products to the carrier selected by the buyer, the order shall be deemed as fulfilled (and the contract as performed) and all benefits and burdens related to the product, as well as the risk of accidental loss of goods go from the Seller to the buyer.
- The total liability of the Seller to the entrepreneur for non-performance or improper performance of the sales contract is limited to the value of the order. The Seller is not liable for lost profits in relation to the entrepreneur.
- Settlement of any potential disputes between the Seller and the buyer who is an entrepreneur shall be submitted to the competent court for the seat of the Seller.
VIII. User account
- The Seller offers the option of creating a registered user account in the Store; however, this is not a condition for making purchases in the Store. Viewing the Store's offer does not require registration either.
- In order to create an account of a registered user, the buyer shall fill in the form intended for this by providing the name, surname and e-mail address. The buyer is also obliged to set a password to protect access to the account against unauthorized persons. The given e-mail address will also be the login to the account.
- Registration and account creation will be confirmed by e-mail.
- A user account provides access to the following information and functionalities:
- order status;
- order history;
- personal data management, insight, and possibility to edit them (including name, surname, e-mail address, telephone);
- invoice data management, viewing and editing for the future;
- password management for a registered user account;
- managing the Newsletter (enabling or disabling subscription to the Newsletter).
- The account user is responsible for the security and proper use of login and password, which should be kept confidential. In the event of circumstances indicating a suspicion that the login or password has been accessed by an unauthorized person, please immediately notify the Seller of this fact.
IX. Extrajudicial methods of settling complaints by the consumers and investigating them
- A buyer who is a consumer has the possibility to use the out-of-court ways of dealing with product complaints, especially if he is not satisfied with the way the complaint was handled by the Seller. The out-of-court settlement of claims after the complaint procedure is free of charge for the consumer. The use of this form of dispute resolution is voluntary and may take place only when both parties to the dispute agree to it.
- An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract.
- The Seller offers a Newsletter service. This service consists of sending electronic letters, through which the Seller informs about promotions, discounts, products, services, interesting publications on the blog and other important marketing actions and information. Realization of the Newsletter service takes place within the legally justified purpose of the Seller, which is direct marketing.
- The Newsletter service is free of charge.
- The subscription to the Newsletter takes place via the subscription form available on the Store's website. In order to subscribe, the user has to express its consent to receive from the Seller marketing and commercial information by means of electronic communication (e.g. e-mail), as well as to the use of the user's telecommunications terminal devices (e.g. phone, tablet, computer) for direct marketing of products and services of the Seller and for the presentation of commercial information to the user.
- Subscribing to the Newsletter requires providing your name and e-mail address, and, optionally, your surname. The data obtained in this way are added by the Seller to the Newsletter's mailing database.
- The Newsletter is sent for an indefinite period, from the moment the subscription is confirmed by the user until the consent is withdrawn.
- The mailing system used to send the Newsletter records all activity and actions taken by the user related to the e-mails sent to him (date and time of opening the message, clicking on the links contained in the e-mail, the moment of unsubscribing, etc.). These data may be used by the Seller for analytical and statistical purposes or to better match the offer.
XI. Product reviews
- As part of the Store, the Seller may present reviews of slow grow products.
- The Seller does not allow automatic publication of reviews. In order to obtain reviews, the Seller may ask each customer individually to write a review. Reviews presented on the website come only from persons who have purchased slow grow products.
- Giving a review about slow grow products is voluntary. The Seller does not offer any gratification for sharing a review, nor does it practice publishing sponsored reviews or based on barter cooperation.
- We kindly ask that submitted reviews include, in particular, an evaluation of the products purchased, including the quality of their workmanship, functionality, as well as an evaluation in terms of the customer's experience with the quality of customer service provided by the Store. The Customer, at his/her own discretion, may also include in the opinion other relevant issues that will help other buyers to make purchasing decisions. We kindly ask that submitted reviews are written in a fair and honest manner, as far as possible linguistically correct and without the use of vulgarisms and other words commonly considered offensive. A customer who has agreed to publish his opinion in the Store also agrees to publish his name next to the opinion.
- The Seller is not obliged to publish every review received. The Seller publishes those reviews that, in his subjective opinion, most fully and fairly describe the product, its quality, workmanship, functionality and other relevant features that could help other customers make the right purchase decision.
- The basis for the processing of personal data of a customer whose review has been published on the website is his consent (Art. 6 par. 1 (a) GPDR). The Customer's data along with his/her review will be visible in the Store for the period of business operations of slow grow, unless the Seller removes the review earlier or the Customer withdraws consent to the publication of his/her personal data.
XII. Personal data protection
- The Seller is the controller of personal data provided by the buyer in the ordering process, as well as in connection with the provision of electronic services by the Seller.
XIII. Final provisions
- In matters not covered by these Terms and Conditions, the relevant provisions of Polish law shall apply. However, these Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller and which cannot be excluded by agreement. Seller warrants in this case the consumer protection afforded to him by such more favorable provisions.
- The Seller has the right to make changes to these Terms and Conditions in particular in the event of important reasons such as:
- changes in the provisions of law having a direct impact on the content of these Terms and Conditions;
- imposition of certain obligations on the Seller by state authorities;
- improving the operation of the Store;
- improving the protection of users' privacy;
- fraud prevention and security reasons;
- technological and functional changes;
- changes in the scope of provided services, including introduction of new services;
- editorial changes;
- changes to the Seller's identification data.
- If changes are made to the Terms and Conditions, they will be published on the website of the Store under the "Terms and Conditions" tab. Users who have a registered user account and Newsletter subscribers will additionally be notified in advance of the changes electronically by e-mail.
- Orders placed before the amendments to Terms and Conditions come into force will be realized according to the previous rules, i.e. according to the content of the Terms and Conditions from the date of the order and acceptance of these rules.
- All graphic elements, layout, and composition of the Store's websites (the so-called layout) are the property of the Seller and are subject to copyright protection, and may additionally be subject to industrial property protection, including trademark registration and protection rights, and may not be used by third parties without the consent of the Seller. The same applies to the digital content being subject of the order.
- These Terms and Conditions shall be effective as of 01.01.2023.