Terms & Conditions
Article 1 : Definitions
Article 2 : Corporate Identity/Entrepreneur
Article 3 : Relevance
Article 4 : Offer
Article 5 : Agreement
Article 6 : Right of Withdrawal
Article 7 : Withdrawal Costs
Article 8 : Exclusion Right of Withdrawal
Article 9 : Conformity and Guarantees
Article 10 : Delivery and Execution
Article 11 : Complaints
Article 12 : Additional Different Provisions
Description of Terms & Conditions :
Article 1 – Definitions
In these Conditions/Terms the following definitions are applicable:
Consideration Time: The term during which the consumer can execute the right of withdrawal.
Consumer: The natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A Length Transaction: A distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: Any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: The possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: The natural person or corporation who offers distance products to consumers.
Distance Agreement: An agreement based on a corporate organised system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: A means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
Article 2 – Corporate Identity/Entrepreneur
Oniria Creations Pawel Wos
Nowe Borowko 29
64-020 Nowe Borowko
VAT ID: PL6981726856
Article 3 – Relevance
These general conditions/terms apply to any offer of the entrepreneur and to every finalised distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer.
Article 4 – Offer
If an offer has a limited validity or has other specifications, this will be emphatically
mentioned. The offer contains a complete and accurate description of the offered products and services.
Each offer contains such information that it is clear for the consumer which rights
and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
price inclusive taxes,
possible costs of delivery and return.
Article 5 – The Agreement
The agreement is finalised, subject to the provisions in paragraph 4,
at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/request or he can connect special conditions to the execution of the offer. The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
The address of the company for the consumer to file complaints
The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
Information about after sales guarantees and services
Article 6 – Right of Withdrawal
Deliverance of products:
After purchasing products the consumer has the possibility to disband the agreement without giving reasons within 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur. During the cooling off period, the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and – if reasonably possible – in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.
Deliverance of Services:
After the deliverance of services, the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.
In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.
Article 7 – Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8 – Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for the following products:
Which are established by the entrepreneur according to specifications of the consumer
That they are clearly personal in nature
Which cannot be returned because of their nature
That can spoil or age quickly
Article 9 – Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable
requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
Article 10 – Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
Taking into account what is stated in article 4 of the general conditions/terms, the
entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case, the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery, it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur. The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send your email to firstname.lastname@example.org
Article 11 – Complaints
The entrepreneur features a sufficiently publicised complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects. The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer. If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 12 – Additional and Different Provisions
Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.