TERMS AND CONDITIONS OF 01/01/2021
Based on Bürgerliches-Gesetzbuch (BGB), Handelgesetzbuch (HGB) and the law of the European Union and the Republic of Poland (“Law”), these Terms and Conditions of the online store functioning on the Internet at otulacz.pl (“Store”) define all rights and obligations of parties concluding a remote purchase and sale agreement in terms of the Products offered in the Store.
§ 1. The online store, available on the Internet at “otulacz.pl/sklep”, is operated by Tulik Kinderartikelhandeln UG (haftungbeschränkt; limited liability), registered at Lange Enden 29,13437 Berlin, Germany (Commercial Register of Charlottenburg District Court, company number HRB 205947 B; tax identification number (Steuernummer) 30/565/50422; EU VAT registration number: DE324015855)
§ 2. The delivery address in Poland is Otulacz.pl, Marszałkowska 80, 00-517 Warsaw. This is not the return address.
§ 3. The Store provides the retail distribution of products that represent the offer of the Store in Poland, the European Union and the area of the European Trade Agreement, including the following countries: Norway, Switzerland.
§ 4. The activities of the Store are regulated by the law of Great Britain, in particular by the “Consumer Contracts Regulations” of 13/06/2013, and the European Union law.
§ 5. The prices specified in the Store are gross prices, i.e. they include all taxes and other fees, but do not include the fees for shipping the goods to the Customer. The price of shipping the goods to the Customer depends on the method of delivery chosen by the Customer.
§ 6. Any natural person or business entity may be the Customer of the Store, provided that they have legal capacity. The Customer should have an address in the territory of the countries in which the Store operates, and where the goods can be delivered.
TERMS FOR RETURNING GOODS
§ 7. A Store Customer – a natural person, who is a consumer, has the right to return the goods without any reason, provided that within 14 days of receiving the shipment, they send an appropriate declaration of withdrawal from the remote agreement with the Store, and they will return the product at their own expense to the address specified in § 8 within the next 14 days.
§ 8. The condition for the return is delivery of the goods to the Store by means of a shipment at the expense of the Customer to the address: Zwroty dla otulacz.pl, 00-517 Warszawa (Warsaw), Marszałkowska 80, Poland.
§ 9. Only goods in the unchanged condition are refunded. The Store reserves the right to verify the condition of the goods before refunding the costs to the Customer. In the event of returning the goods in a changed state or without a hygienic seal (in the case of products: Anti-colic swaddle), the reimbursement will not be made, and the goods will be returned at the expense of the person submitting the refund after proper instruction. Due to the concern for the hygiene and health of your children and the special properties of the material which our swaddles are made of, we have introduced the following conditions in the otulacz.pl store in compliance with the applicable law (in particular, article 38 point 9 of the Consumer Rights Act):
- All authentic hygiene seals must be originally intact and attached to the product,
- Returned goods cannot have any smell,
- Returned goods cannot be washed,
- Returned goods should be in the original condition.
Each time, the shipment with the returned goods will be verified in terms of the above-mentioned requirements.
If returning goods are damaged, different from the description on the website or otherwise defective, please inform us before applying for refund.
Please make sure that the shipment is made by registered mail (e.g. registered letter) and packaged in a manner that guarantees avoidance of damage and/or damage in transit.
§ 10. The Customer is responsible for the reduction in the product value resulting from using it in a manner which goes beyond what is necessary to determine the features, characteristics and functioning of the product. The parcel should be sent in a manner that enables the identification of the Sender – the Consumer who is the Store Customer.
The consumer has the right to use the goods before withdrawing from the agreement only in the same manner as in a stationary store.
§ 11. Refunds for returned goods will be made within the statutory period (a maximum of 14 days from receiving the returned goods) via the payment instrument used by the Customer to buy the product (refund to the bank account or payment card).
§ 12. The Store reserves the right to make deductions from the refunded amount in cases specified by the Law and in the amount specified by the Law.
DELIVERY OF GOODS
§ 13. The Customer of the Store has the right to choose the method of delivery of the goods, depending on the place where the goods are to be delivered. Information about the cost of delivery is displayed on the ordering screen, before pressing the “Pay Now” button. An estimated, non-binding delivery time by means of the chosen method is also provided.
§ 14. The maximum delivery time is regulated by the Law and is 30 calendar days. This term applies to special, rare cases and orders according to the provided pattern. The vast majority of orders are carried out on an ongoing basis. The Customer will be informed by the Store electronically about the fact of placing an order and releasing the goods to the forwarder – via e-mail and/or SMS.
§ 15. If there is a lack of the goods ordered by the Customer, the Store may propose to cancel the order or replace the goods with similar, currently available products different in terms of a feature of less importance, e.g. colour.
COMPLAINTS, DEFECTS OF GOODS
§ 16. The Customer has the right to file a complaint, as regulated by the Law. The complaint concerns, i.a. material defects, improper design of the goods.
§ 17. If the complaint is accepted, the goods free from defects are shipped as soon as possible, maximum 30 calendar days.
§ 18. The cost of shipping goods free from defects and returning the defective goods is covered by the Store.
§ 19. The invoice confirming the sale of the goods is sent by the Store to the Customer after posting the electronic payment to the e-mail address provided when placing the order. The document confirming the sale is in the form of the invoice, along with the specified charges for the goods and delivery.
§ 20. The Store does not take responsibility for using the product in a manner inconsistent with its intended use and the manual attached to the product.
§ 21. All disputes are regulated by the law of the European Union.