Terms and Conditions

§1 Preliminary provisions

1. The online store available at https://adawoo.com is operated by Happy, conducting business under the name Happy and registered in the Central Registration and Information on Business (CEIDG), maintained by the minister responsible for economic affairs.
2. These Terms and Conditions apply to both Consumers and Entrepreneurs using the Store and set out the rules for using the online Store, as well as the rules and procedure for concluding distance Sales Agreements with Customers through the Store.

§2 Definitions

1. Consumer – a natural person entering into an agreement with the Seller through the Store where the subject matter of the agreement is not directly related to that person’s business or professional activity.
2. Seller – a natural person conducting business under the name Happy Ada, Pytlak and registered in the Central Registration and Information on Business (CEIDG), maintained by the minister responsible for economic affairs.
3. Customer – any entity making purchases through the Store.
4. Entrepreneur – a natural person, legal person or organisational unit without legal personality which is granted legal capacity by a separate statute, conducts business in its own name and uses the Store.
5. Store – the online store operated by the Seller at https://adawoo.com.
6. Distance Agreement – an agreement concluded with a Customer as part of an organised system for concluding distance agreements (through the Store), without the simultaneous physical presence of the parties, using one or more means of distance communication up to and including the time the agreement is concluded.
7. Terms and Conditions – these Terms and Conditions of the Store.
8. Order – a declaration of intent made by the Customer using the Order Form, directly aimed at concluding a Sales Agreement with the Seller for one or more Products.
9. Account – the Customer’s account in the Store, containing the Customer’s submitted data and information about Orders placed by the Customer in the Store.
10. Registration Form – the form available in the Store that enables an Account to be created.
11. Order Form – the interactive form available in the Store that enables an Order to be placed, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
12. Basket – a feature of the Store’s software in which the Products selected by the Customer for purchase are displayed and the Order details, in particular the quantity of Products, can be set and modified.
13. Product – a movable item or service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
14. Sales Agreement – an agreement for the sale of a Product concluded or entered into between the Customer and the Seller through the online Store. Depending on the nature of the Product, a Sales Agreement also includes an agreement for the provision of services or a contract for specific work.

§3 Contacting the Store

1. Seller’s address: os. Przyjaźni 13, 61-687 Poznań, Poland.
2. Seller’s email address: hello@adawoo.com.
3. Seller’s bank account number: 58 2530 0008 2021 1016 2152 0001.
4. The Customer may contact the Seller using the contact details provided in this section.

§4 Technical requirements

To use the Store, including browsing its product range and placing Orders for Products, the following are required:

1. an end-user device with Internet access and a web browser such as Firefox;
2. an active email account;
3. cookies enabled;
4. Flash Player installed.

§5 General information

1. To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Store, caused by force majeure, unlawful acts of third parties or incompatibility of the online Store with the Customer’s technical infrastructure.
2. Browsing the Store’s product range does not require an Account. Customers may place Orders for Products available in the Store either after creating an Account in accordance with §6 of these Terms and Conditions or by providing the personal and address details necessary to fulfil the Order without creating an Account.
3. Prices displayed in the Store are in euros and are net prices. Gross prices, including VAT, are displayed when placing an Order.
4. The total amount payable by the Customer consists of the Product price and delivery costs, including transport, delivery and postal service charges. The Customer is informed of these costs on the Store’s pages while placing the Order, including when the Customer indicates their intention to be bound by the Sales Agreement.
5. If, given the nature of the subject matter of the Agreement, the final price cannot reasonably be calculated in advance, the Store’s Product description will state how the price is calculated and provide information about transport, delivery, postal service and other charges.

§6 Creating an Account in the Store

1. To create an Account in the Store, the Customer must complete the Registration Form and provide the following details: first name, surname, email address, telephone number and country.
2. Creating an Account in the Store is free of charge.
3. The Customer logs in to the Account using the username and password set in the Registration Form.
4. The Customer may delete the Account at any time, without giving a reason and without incurring any charges, by submitting a request to the Seller by email or in writing to the addresses specified in §3.

§7 Rules for placing Orders

To place an Order, the Customer must:

1. log in to the Store (optional);
2. select the Product to be ordered and click the “Add to basket” button (or an equivalent button);
3. log in or choose the option to place an Order without registering;
4. if the Customer chooses to place an Order without registering, complete the Order Form by entering the recipient’s details and the delivery address, selecting a delivery method and one of the available payment methods and, depending on the selected method, paying for the Order within the specified time, subject to §8(3);
5. click the “Order and pay” button (or an equivalent button), select one of the available payment methods and, depending on the selected method, pay for the Order within the specified time, subject to §8(3).

§8 Available delivery and payment methods

Depending on the Product ordered, the Customer may choose from the following delivery or collection methods:

1. The Customer may choose from the following delivery or collection methods, depending on the Product ordered: courier delivery, delivery by a freight company, or personal collection at os. Przyjaźni 11D, 61-687 Poznań, Poland.
2. The Customer may choose from the following payment methods: bank transfer to the Seller’s account, electronic payment or payment by card.
3. Detailed information about delivery methods and accepted payment methods is available on the Store’s pages during the ordering process.

§9 Performance of the Sales Agreement

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order using the Order Form in the online Store in accordance with §7 of these Terms and Conditions.
2. After an Order has been placed, the Seller promptly confirms its receipt and accepts it for processing. Confirmation of receipt and acceptance for processing is sent by email to the address provided by the Customer when placing the Order. The email will include at least the Seller’s confirmation that the Order has been received and accepted for processing and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives this email.
3. If the Customer selects payment by bank transfer, electronic payment or payment card, the Customer must make the payment within 3 calendar days from the date the Sales Agreement is concluded. Otherwise, the Order will be cancelled.
4. If the Customer selects a delivery method other than personal collection, the Seller will dispatch the Product within the period specified in its description, subject to paragraph 5 of this section, using the delivery method selected by the Customer when placing the Order.
5. If an Order includes Products with different delivery times, the longest stated delivery time applies.
6. The delivery period begins as follows: for electronic payments or card payments, on the date the Seller’s bank account is credited.
7. If the Customer selects personal collection, the Product will be ready for collection within the period specified in its description. The Seller will also notify the Customer by email, using the address provided when placing the Order, when the Product is ready for collection.
8. If an Order includes Products with different collection-ready times, the longest stated time applies.
9. Products are delivered worldwide.
10. Delivery to the Customer is subject to a charge unless the Sales Agreement provides otherwise. Delivery costs, including transport, delivery and postal service charges, are displayed in the “Delivery costs” section of the online Store and during the ordering process, including when the Customer indicates their intention to be bound by the Sales Agreement.
11. Personal collection of a Product by the Customer is free of charge.

§10 Right to withdraw from the Agreement

1. A Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 begins on the day the Product is delivered to the Consumer or to a person designated by the Consumer other than the carrier.
3. The Consumer may withdraw from the Agreement by submitting a withdrawal notice to the Seller. It is sufficient to send the notice before the withdrawal period expires.
4. The notice may be sent by post to the Seller’s address. The Seller’s contact details are set out in §3. The Consumer may also use the model form attached as Appendix 1 to these Terms and Conditions and to the Act of 30 May 2014 on Consumer Rights, but is not required to do so.
5. If the Consumer sends the notice electronically, the Seller will promptly confirm receipt by email to the address provided by the Consumer.
6. Effects of withdrawal from the Agreement:
7. In the event of withdrawal from a Distance Agreement, the Agreement is deemed not to have been concluded.
8. If the Consumer withdraws from the Agreement, the Seller will promptly refund all payments received from the Consumer, and in any case no later than 14 days from the date the Seller receives the Consumer’s withdrawal notice. This includes delivery costs, except for any additional costs resulting from the Consumer choosing a delivery method other than the least expensive standard delivery method offered by the Seller.
9. The Seller will refund the payment using the same payment methods used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different method that does not incur any costs for the Consumer.
10. If the Customer used the “Buy 3 sets and get 10% off” promotion and returns part of the Order, thereby no longer meeting the promotion’s conditions, the discount granted will be cancelled.
11. The Seller may withhold the refund until the Product is returned or the Consumer provides evidence that it has been sent back, whichever occurs first.
12. The Consumer must return the Product to the Seller’s address stated in these Terms and Conditions promptly, and no later than 14 days from the date the Consumer informed the Seller of the withdrawal. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
13. The Consumer bears the direct cost of returning the Product, including the cost of returning a Product which, due to its nature, cannot normally be returned by post.
14. The Consumer is liable only for any diminished value of the Product resulting from handling it in a way that was not necessary to establish its nature, characteristics and functioning.
15. If, due to its nature, a Product cannot normally be returned by post, information about this and the cost of returning the Product will be provided in the Product description in the Store.
16. The right to withdraw from a Distance Agreement does not apply to an Agreement:
17. for a non-prefabricated item made to the Consumer’s specifications or intended to meet the Consumer’s individual needs;
18. for an item supplied in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery;
19. for an item that is liable to deteriorate or expire rapidly;
20. for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, after the Consumer was informed before performance began that they would lose the right to withdraw once the Seller had fully performed the service;
21. where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control which may occur before the withdrawal period expires;
22. for items which, after delivery, become inseparably mixed with other items due to their nature;
23. for alcoholic beverages whose price was agreed when the Sales Agreement was concluded, which can be delivered only after 30 days and whose value depends on market fluctuations beyond the Seller’s control;
24. for audio or video recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
25. for the supply of newspapers, periodicals or magazines, except for subscription agreements;
26. for the supply of digital content not provided on a tangible medium, if performance began with the Consumer’s express consent before the withdrawal period expired and after the Seller informed the Consumer that they would lose the right to withdraw from the Agreement.

§11 Complaints and warranty

1. The Sales Agreement covers new Products.
2. The Seller is required to deliver Products to the Customer free from defects.
3. If a defect is found in goods purchased from the Seller, the Customer may submit a complaint under the statutory warranty provisions of the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the statutory warranty.
4. A complaint must be submitted in writing or electronically using the Seller’s contact details provided in these Terms and Conditions.
5. The Seller states that complaints will be considered within 30 days of receipt.
6. Products returned as part of the complaint procedure should be sent to the address specified in §3 of these Terms and Conditions.
7. If a Product is covered by a warranty, information about the warranty and its terms will be included in the Product description in the Store.

§12 Out-of-court complaint and claim procedures

1. Detailed information about out-of-court procedures for handling complaints and pursuing claims available to Consumers, and the rules for accessing those procedures, is available from the offices and websites of district (municipal) consumer ombudsmen, social organisations whose statutory purpose includes consumer protection, and the Regional Trade Inspection Inspectorates. Information is also available at the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; and http://www.uokik.gov.pl/wazne_adresy.php.
2. Consumers may use, for example, the following out-of-court complaint and claim procedures:
3. A Consumer may apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from an Agreement concluded with the Seller.
4. A Consumer may apply to the regional inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings aimed at resolving the dispute between the Consumer and the Seller amicably.
5. A Consumer may also obtain free assistance in resolving a dispute with the Seller from a district (municipal) consumer ombudsman or a social organisation whose statutory purpose includes consumer protection, including the Consumer Federation or the Polish Consumers’ Association.

§13 Personal data in the online Store

1. The Seller is the controller of the personal data of Customers collected through the online Store.
2. Customers’ personal data collected by the controller through the online Store are processed to perform the Sales Agreement and comply with legal obligations (for example, issuing a VAT invoice documenting the purchase). If the Customer gives consent, the data may also be processed for marketing purposes.
3. The recipients of Customers’ personal data may include:
4. If a Customer selects postal or courier delivery in the online Store, the Controller will disclose the Customer’s collected personal data to the selected carrier or intermediary handling shipments on the Controller’s behalf.
5. If a Customer selects electronic payment or card payment in the online Store, the Controller will disclose the Customer’s collected personal data to the selected provider handling those payments in the online Store.
6. The Customer has the right to access their personal data and to correct it.
7. Providing personal data is voluntary. However, failure to provide the personal data specified in these Terms and Conditions as necessary to conclude the Sales Agreement will make it impossible to conclude that Agreement.

§14 Final provisions

1. Agreements concluded through the online Store are concluded in Polish.
2. The Seller reserves the right to amend these Terms and Conditions for important reasons, including changes in the law and changes to payment or delivery methods, insofar as those changes affect the performance of these Terms and Conditions. The Seller will notify the Customer of any changes at least 7 days in advance.
3. Matters not covered by these Terms and Conditions are governed by the generally applicable provisions of Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act and the Personal Data Protection Act.
4. The Customer may use out-of-court complaint and claim procedures. For this purpose, the Customer may submit a complaint through the EU’s online ODR platform at: http://ec.europa.eu/consumers/odr/.

Appendix 1

“Withdrawal notice for a distance agreement”

Withdrawal notice for a distance agreement

I hereby give notice, pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827), that I withdraw from Agreement No. … concluded on ……………….. concerning the purchase of the following goods/services: ……………………………………………

…………………………

Consumer’s signature