TERMS AND CONDITIONS OF THE EVERYSLINGS ONLINE STORE AS OF 20 OCTOBER 2019
The terms used herein shall have the following meaning
1.1. Customer – natural person, legal person or organizational unit without legal personality, to whom special provisions confer legal capacity, who makes Orders in the Store.
1.2. Consumer – As per Art. 22  of the Civil Code shall mean a natural person performing a legal action with the entrepreneur which is not directly related to its business or professional activity.
1.3. Civil Code – 23 April 1964 Act.
1.4. Terms and Conditions – the present Terms and Conditions of the Online Store
1.5. Online Store (Store) – an Internet service available at www.everyslings.com, through which the Customer may place Orders in particular;
1.6. Goods – products featured in the Online Store, for the purpose of sale;
1.7. Sales contract – a contract for the sale of Goods concluded between smart BI Małgorzata Mikulska and the Customer, using the online Store service (remote contract) and as set out in the Terms and Conditions;
1.8. Consumer Rights Act – the 30 may 2014 act on consumer rights
1.9. Electronic services act – the 18 July 2002 Act on the provision of electronic services
1.10. Order – the Customer's declaration of intent, aimed directly at the conclusion of the Sales Contract, specifying in particular the type and quantity of the Goods.
2. General provisions
2.1. These Terms and Conditions define the rules for the use of the online store available at: www.everyslings.com;
2.2 These Terms and Conditions shall be the terms and conditions as referred to in Art. 8 of the Electronic services act;
2.3. The online operating at: www.sling-mania.com, is run by the company known as smart BI Małgorzata Mikulska. based in ul. Drzewieckiego 14/4, 54-129 Wrocław, NIP PL8942824716.
2.4. The present Terms and Conditions shall determine in particular:
a) the policy of registration and use of the account at the online store;
b) the terms and conditions of online Order placement in the online store;
c) the policy of concluding Sales Contracts with the use of the services provided at the online store.
d) the policy of subscribing to and unsubscribing from the Newsletter.
2.5. In order to use the online store, the Customer should independently secure access to a computer workstation or an end-terminal with Internet access.
2.6. The Customers shall be able to access these Terms and Conditions at any time via a link found at the main page.
2.7. smart BI Małgorzata Mikulska shall communicate with the Customers via e-mail, phone or post.
3.1. The customer shall be able to register in the Online Store;
3.2. Registration shall be performed by completing and accepting a registration form, provided at one of the Store’s pages.
3.3. In order to Register, the Customer should declare acceptance of the content of the Terms ad conditions.
3.4. Upon registration, as referred to in Para. 5 above, an unpaid contract is concluded for the online provision of the Customer Account management services. At the same time, the Customer shall get access to the Customer Account, with the ability to modify data Presented in the registration process.
3.5. After registration, the Customer shall be able to log on to the Online Store, giving the email address and password indicated during the registration.
3.6. smart BI Małgorzata Mikulska shall be able to deprive the Customer of the right to use the Online Shop, as well as limit their access to part or all of the resources of the Online Store, with immediate effect, should the Customer break the Terms and Conditions and, in particular, when the Customer:
a) has given data that is untrue, inaccurate or outdated, misleading or violates the rights of third parties during the Online Store registration,
b) through the Online Store, has committed a violation of personal rights of third parties, in particular the personal rights of the Online Store’s other customers,
c) has engaged in other behaviours that will be recognized by smart BI Małgorzata Mikulska as behaviours that are at variance with the applicable law or general policy of use of the Internet or that are detrimental to the good name of smart BI Małgorzata Mikulska.
3.7. A person who has been deprived of the right to use the Online Store may not register again without the prior consent of smart BI Małgorzata Mikulska.
3.8. In order to ensure the safety of transmission of messages and data in connection with the services provided as part of the Website, the Online Store shall take technical and organizational measures appropriate to the seriousness of the risk to the safety of the services rendered, in particular measures to prevent unauthorized parties from acquiring and modifying personal information transmitted over the Internet.
3.9. The Customer shall be obliged in particular to:
a) not deliver or transmit any content prohibited by law, such as content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
b) use the Online Store without disturbing its operation, in particular through the use of certain software or equipment,
c) refrain from actions such as: sending or posting within the Online Store unsolicited commercial (spam),
d) use the Online Store without major inconvenience to other Customers or to smart BI Małgorzata Mikulska
e) utilize any of the content contained in the Online Store only for personal use
f) use the Online Store in accordance with the law, the provisions of the Terms and Conditions, as well as with the general policy of using the Internet.
4. Sales Contract conclusion procedure
4.1. Information about the Goods quoted on the Store’s website, and in particular the Goods’ descriptions, technical parameters and performance characteristics as well as prices shall be an invitation to contract, as defined by Art. 71 of the Civil Code.
4.2. In order to conclude the Sales Agreement through the Online Store, go to the website www.everyslings.com, select the products, taking the technical steps based on messages displayed for the Customer and information available on the site.
4.3. The Goods ordered by the Customer shall be selected by being added to the basket.
4.4. When placing an Order – until the “I order with the obligation to pay” button has been pressed – the Customer shall be able modify the data entered and the Goods selected. To do this, follow the on-screen prompts for the Customer and information available on the site.
4.5. Once the Customer using the Online Store has entered all the necessary data, a summary of the Order placed will appear. The summary of the Order placed will contain the following information:
a) item ordered;
b) per-unit and total price of the products or services ordered, including delivery costs and additional costs (if any),
c) chosen payment method
d) chosen delivery method,
e) estimated time of delivery.
4.6. Sending an Order shall require the acceptance of the Terms and Conditions, the input of personal information marked as mandatory and the pressing of the button “I order with the obligation to pay.”
4.7. The placing of an order shall constitute the Client's offer to conclude a contract of sale of Goods covered by the contract.
4.8. Following Order placement, the Customer shall receive an e-mail message entitled “We have receive your order No. ..." containing the final confirmation of all the essential components elements of the order. The Confirmation shall constitute smart BI Małgorzata Mikulska declaration of acceptance of the offer referred to in item 4.7.
4.9. Upon acceptance of the offer by smart BI Małgorzata Mikulska, a sale contract shall be concluded between smart BI Małgorzata Mikulska and the Customer.
4.10. The Customers shall be able to access these Terms and Condition at any time via a link found at the main page of www.sling-mania.com as well as download and print it.
4.11. The Order data and the General Conditions (Terms and Conditions of the online store) shall be recorded, secured and shared via email.
5. Prices, methods and date of payment
5.1. The Commodity prices shall be given in the Polish zloty and include local taxes (with a distinction of the rate) subject to paragraph 5.2.
5.2. For international orders (defined as orders sent out of Poland), the prices shall be quoted in the currency of EURO or USD.
5.3. The Customer shall be able to pay the price:
a) by bank transfer to the bank account number:
The date of crediting smart BI Małgorzata Mikulska’s bank account with the relevant amount shall be considered to be the payment date.
b) using the PayPal payment system; The customer shall complete the payment immediately after order completion
c) for domestic orders: cash on delivery, cash, on receipt of the parcel from the courier or in the Paczkomaty service.
6.1. The Goods shall be delivered to all the countries indicated at www.sling-mania.com at the address as indicated by the Customer when placing the Order.
6.2. The Goods ordered shall be delivered as indicated by the Customer out of the following available forms: Polish Post, DPD or UPS courier, and the InPost Paczkomaty service. The shipping fees are also indicated at the time of the Order.
6.3 The time for the Order to be forwarded for delivery is a maximum of 3 working days, as calculated from the date of the Customer’s Order payment.
7.1. Only a Customer who is also a Consumer shall be entitled to a 14-day withdrawal term. The consumer shall have the right to withdraw from the contract without giving any reason. The cancellation period shall expire after 14 days from the date on which the Customer who is a Consumer took possession of items or on which a third party indicated by the Customer who is a Consumer other than the carrier came into possession of items.
7.2. To exercise the right of withdrawal, the Online Store must be notified of the decision to withdraw from the present contract by an unequivocal statement (such as a letter sent by post or email). The statement must contain the first and last name of the Customer who is a Consumer, their full address and, if available, the telephone number and e-mail address of the Customer who is a Consumer.
7.3. The statement may be submitted on a form. A model statement of withdrawal from the Sales Agreement is published at the Store’s Website at www.everyslings.com and in an e-mail with the order confirmation.
7.4. The Online Store shall allow customers registered at the Customer Panel (“Return” tab) to fill in and send the withdrawal form online at www.everyslings.com. Using this option, the Online Store shall immediately confirm receipt of the cancellation by e-mail.
7.5. To keep the contract withdrawal term, it is sufficient to send notification of the exercise of the right of withdrawal before the deadline for withdrawal.
7.6. In the case of withdrawal, the contract shall be deemed void.
7.7. In the event of contract withdrawal, smart BI Małgorzata Mikulska shall return all payments received from the Consumer (or part thereof in case of a partial Order return), including the cost of delivery of the items (with the exception of additional costs resulting from the Consumer’s chosen method of item delivery other than the least expensive normal delivery offered by the Online Store) immediately, and in any event no later than within 14 days of the date on which the Online Shop was notified of the Withdrawal. The refund shall be made using the same payment methods as used in the original transaction, unless the Customer who is a Consumer has agreed otherwise; smart BI Małgorzata Mikulska reserves that it may withhold the refund until they have received the items or until they have been supplied with evidence of shipping, whichever happens first.
7.8. In the event of withdrawal from the contract, smart BI Małgorzata Mikulska shall not accept Goods from Customers who are Consumers and shall not bear any of the direct costs to return the goods.
7.9. The Customer shall be obliged to send the returned goods at the Customer’s expense, immediately, not later than within 14 days from the date of withdrawal, at the following address:
8. Complaints relating to Goods
8.1. smart BI Małgorzata Mikulska shall be accountable to the Customer who is a Consumer should the product have a natural or legal defect (warranty).
8.2. A physical defect shall consist in the Goods being at variance with the Sale Contract.
8.3. smart BI Małgorzata Mikulska shall be accountable to a Customer who is a Consumer if the product is owned by a third party, or if it is encumbered with a third party right, as well as if the restriction on the use or disposal of the Goods is due to a decision or judgment of a competent authority (legal defect).
8.4 smart BI Małgorzata Mikulska shall be responsible for physical defects existing at the time of release of the Goods or resulting from causes inherent in the Goods at the time of release of the Goods, unless the Customer who is a Consumer was aware of the non-compliance at the time of conclusion of the Sale Contract.
8.5. Should a Customer who is a Consumer find a physical defect to the Goods within one year from the date of release of the Goods, it shall be presumed that the defect or its cause existed at the time of release of the Goods to the Customer who is a Consumer.
8.6. smart BI Małgorzata Mikulska shall be liable under the warranty in the event that the Customer who is a Consumer should find a physical defect within two years from the date of the Goods being released to the Customer who is a Consumer.
8.7. Should the Goods be defective, the Customer who is a Consumer shall be entitled to perform one of the following:
a) request replacement of the Goods for Goods that are free of defects,
b) request removal of defects in the Goods,
c) make a price reduction statement,
d) withdraw from the Sale Contract.
8.8. Claims arising under the warranty should be sent to firstname.lastname@example.org or using the online form available to registered customers in the Customer Panel.
8.9. Immediately, no later than 14 days from the date of filing of the complaint, smart BI Małgorzata Mikulska will consider the complaint and address it, notifying the Customer who is a Consumer as to how to proceed.
8.10. Should a Customer who is a Consumer make a demand as indicated in item 8.7. point a) or b) above, and should the demand of the Customer who is a Consumer be recognized as reasonable, smart BI Małgorzata Mikulska shall be obliged to meet the demand in a reasonable time without undue inconvenience to the Customer who is a Consumer.
8.11. smart BI Małgorzata Mikulska shall be entitled to refuse to meet the demand, as referred to in item 8.7. point a) or b) above, if satisfying the demand of a Customer who is a Consumer is impossible or would require excessive costs compared with the second possible method of bringing goods into conformity with the Sales Contract.
8.12 The statement referred to in item 8.7. point d) above may be submitted when the defect is substantial.
8.13. The statement referred to in item 8.7. point c) or d) above may be submitted, unless smart BI Małgorzata Mikulska replaces the Goods with non-defective Goods or removes the defect in the Goods promptly and without undue inconvenience to the Customer who is a Consumer. This disclaimer shall not apply in the case of a prior replacement of the Goods with new Goods or repair to the Goods, or failure on the part of smart BI Małgorzata Mikulska to meet the obligation to replace the Goods with new Goods or repair the Goods.
8.14. Rather than accept the removal of the defect of the Goods proposed by the smart BI Małgorzata Mikulska, the Customer who is a Consumer may request the Goods to be replaced with new Goods and vice versa, unless the method of bringing the Goods into compliance with the Sales Contract chosen by the Customer who is a Consumer is impossible or requires excessive costs in comparison with the method proposed by smart BI Małgorzata Mikulska
8.15. For the purpose of complaint identification, the Customer who is a Consumer should provide smart BI Małgorzata Mikulska. with the defective Goods and proof of purchase. The faulty goods and proof of purchase should be sent to the mailing address of smart BI Małgorzata Mikulska.
8.16. The rights of Customers who are not Consumers on account of defects to the Goods shall be governed by the relevant provisions of the Civil Code concerning warranties (Art. 556 to 576).
8.17 Claims arising under the warranty should be sent to email@example.com or using the online form available to registered customers in the Customer Panel. Immediately, no later than 14 days from the date of filing of the complaint, smart BI Małgorzata Mikulska will consider the complaint and address it, notifying the Customer who is a Consumer as to how to proceed.
8.19. In order to speed up the handling of the complaint, the Customer may be asked to send photos of the defect, and when needed, send the product back in an agreed manner at the address of the company smart BI Małgorzata Mikulska Should the complaint be recognized as justified, the costs associated with the shipping of the defective product shall be covered by smart BI Małgorzata Mikulska
9. Other rights and obligations
9.1. smart BI Małgorzata Mikulska shall supply the Customers online with a free-of-charge service of:
a) Customer Account management,
9.3. The Newsletter shall be sent to Customers who have agreed to receive, at the e-mail address given, commercial information in accordance with the applicable provisions of the 18 July 2002 Electronic services act, and have agreed to the processing of personal information for marketing purposes.
9.4. As part of the Newsletter service, at the e-mail address given by the Customer, information shall be sent including sales information.
9.5. The contract for the online delivery of services may be terminated by either Party, at any time and for any reason. The termination shall require a notification, sent at the other party's e-mail address.
9.6. The Customer shall terminate the contract for the online delivery of services by sending to smart BI Małgorzata Mikulska a request to remove the Customer Account or stop sending the Newsletter The Customer Account will be removed and the Newsletter will stop being sent immediately, no later than within 3 working days from the date of smart BI Małgorzata Mikulska having received a relevant request.
9.7. smart BI Małgorzata Mikulska shall terminate the contract for the online delivery of services by informing the Customer about it no later than 7 days before the intended date of contract termination.
10. Complaints with respect to the online delivery of services
10.1. smart BI Małgorzata Mikulska shall take steps to ensure fully proper operation of the store, in so far as it follows the state of the art, and undertake to remove any irregularities reported by Customers in a reasonable time.
10.2. The Customer shall be obliged to immediately notify the company smart BI Małgorzata Mikulska of any irregularities or interruptions in the operation of the Online Store service.
10.3. The Customer may report any irregularities relating to the operation of the Store in writing to the following email to the address firstname.lastname@example.org.
10.4. In the complaint, the Customer should include their first and last name, mailing address, type and date of irregularity related to the operation of the Store.
10.5. smart BI Małgorzata Mikulska undertakes to consider each complaint within 14 days of the date of receipt of the complaint. Failure to investigate a complaint within the time given above shall mean that it has been recognized as justified.
11. Dispute resolution and final provisions
11.1. The customer who is a Consumer may, if interested, use out-of-court complaint investigation and redress methods. Disputes concerning online purchases can be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or in an arbitration court at the Regional Inspectorate of Trade Inspection. The Consumer may also use other methods of out-of-court dispute resolution and e.g.,. submit their complaint via EU's online platform, ODR, available at: http://ec.europa.eu/consumers/odr/.
11.2. In case the Consumer is not interested in using out-of-court dispute settlement, any disputes arising between smart BI Małgorzata Mikulska and the Consumer, shall be settled by the competent courts in accordance with the provisions of the relevant provisions of the relevant articles of the Code of Civil Procedure.
11.3. Any disputes arising between smart BI Małgorzata Mikulska and a Customer who is not a Consumer will be subjected for settlement to a court with jurisdiction over the seat of smart BI Małgorzata Mikulska
11.4. Matters not regulated herein shall be governed by the Civil Code, the provisions of the Electronic services act, the provisions of the Consumer Rights Act and other relevant provisions of the Polish law.