AGB

Terms and Conditions of the Online Store

§1 Preliminary Provisions

The online store MyBabyBottle, available at the internet address mybabybottle.com, mybabybottle.cz, mybabybottle.pl, is operated by Iga Miodek-Zielonka conducting business activity under the company name MyBabyBottle Iga Miodek-Zielonka, entered into the Central Registration and Information on Business (CEIDG) maintained by the minister responsible for economy, NIP (Tax Identification Number) 9452285810, REGON 527489326.

  1. These Terms and Conditions are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedures for concluding Distance Sales Agreements with the Customer through the Store.

§2 Definitions

  1. Consumer – a natural person concluding an agreement with the Seller within the Store, the subject of which is not directly related to their business or professional activity.

  2. Seller – a natural person conducting business activity under the name Iga Miodek-Zielonka, entered into CEIDG, NIP 9452285810, REGON.

  3. Customer – any entity making purchases via the Store.

  4. Entrepreneur – a natural person, legal person, or an organizational unit not being a legal person, which is granted legal capacity by law, conducting business activity in their own name and using the Store.

  5. Store – the online store operated by the Seller at mybabybottle.pl.

  6. Distance Agreement – an agreement concluded with the Customer within the Store’s organized distance contract system, without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the agreement.

  7. Terms and Conditions – these Terms and Conditions of the Store.

  8. Order – the Customer’s declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.

  9. Account – the Customer’s account in the Store, which stores data provided by the Customer and information about Orders placed by them in the Store.

  10. Registration Form – a form available in the Store enabling the creation of an Account.

  11. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including delivery and payment methods.

  12. Cart – the Store’s software component in which selected Products for purchase are visible, and there is also the possibility of determining and modifying the Order details, in particular the quantity of products.

  13. Product – a movable item/service available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.

  14. Sales Agreement – a sales agreement for a Product concluded or entered into between the Customer and the Seller via the Online Store. Depending on the Product’s features, the Sales Agreement may also mean a service contract or a contract for specific work.

§3 Contact with the Store

  1. Seller’s address: Żytnia 4/1, 25-018 Kielce, Poland

  2. Warehouse address: ul. Przemysłowa 6c, Zagnańsk 26-050, Poland

  3. Seller’s e-mail address: info@mybabybottle.com

  4. Seller’s telephone number: +48 571 088 770

  5. The Customer may contact the Seller using the above addresses and telephone numbers.

§4 Technical Requirements

To use the Store, including browsing its assortment and placing Orders for Products, the following are necessary:

  1. A terminal device with Internet access and a web browser,

  2. An active e-mail account,

  3. Cookies enabled.

§5 General Information

  1. The Seller shall not be liable, to the fullest extent permitted by law, for disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties, or incompatibility of the Online Store with the Customer’s technical infrastructure.

  2. Browsing the Store’s assortment does not require an Account. Placing Orders by the Customer for Products in the Store’s assortment is possible either after creating an Account in accordance with §6 of the Terms and Conditions or by providing necessary personal and address data allowing for Order fulfillment without creating an Account.

  3. Prices given in the Store are in Polish zloty (PLN) and are gross prices (including VAT).

  4. The final (total) amount payable by the Customer consists of the price for the Product and the delivery cost (including transport, delivery, and postal services), about which the Customer is informed on the Store’s website during the Order placement process, including when expressing their will to be bound by the Sales Agreement.

  5. In the case of an Agreement covering a subscription or service provision for an indefinite period, the final price is the total price covering all payments for the settlement period.

  6. If the nature of the subject of the Agreement does not allow, reasonably assessed, for prior calculation of the final price, information about how the price will be calculated and about delivery, postal, and other costs will be provided in the Product description in the Store.

§6 Creating an Account in the Store

  1. To create an Account in the Store, one must complete the Registration Form. The following data is required: e-mail address, first and last name.

  2. Creating an Account in the Store is free of charge.

  3. Logging into the Account requires entering the login and password set in the Registration Form.

  4. The Customer may, at any time and without stating a reason and without incurring any fees, delete the Account by sending a relevant request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.

§7 Rules for Placing Orders

To place an Order, the Customer must:

  1. Log in to the Store (optional),

  2. Select a Product to be ordered, then click the “Add to Cart” (or equivalent) button,

  3. Log in or use the option of placing an Order without registration,

  4. If the option of placing an Order without registration is chosen – fill in the Order Form by entering the recipient’s details and delivery address, choose the delivery method, enter invoice details if different from the recipient’s,

  5. Click the “Order and Pay” button and confirm the Order by clicking the link sent in the e-mail,

  6. Choose one of the available payment methods and, depending on the chosen method, pay within the specified time, subject to §8(3).

§8 Delivery and Payment Methods

  1. The Customer may use the following delivery or collection methods:

    • Postal shipment, COD postal shipment,

    • Courier shipment, COD courier shipment.

  2. The Customer may use the following payment methods:

    • Cash on delivery,

    • Bank transfer to the Seller’s account,

    • Electronic payments,

    • Payment by card.

  3. Detailed information on delivery methods and acceptable payment methods is available on the Store’s website.

§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 the Terms and Conditions.

  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts it for execution. Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer an e-mail to the address provided during Order placement, containing at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded when the Customer receives the above e-mail.

  3. In case of payment by transfer, electronic payments, or card payment – the Customer must pay within … calendar days of concluding the Sales Agreement, otherwise the order will be canceled.

  4. In case of cash on delivery – the Customer must pay upon receipt of the shipment.

  5. Delivery of the Product is limited to Poland only.



§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 the Terms and Conditions.

  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts it for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer a relevant e-mail to the address provided during Order placement. The message contains at least the Seller’s statement of receipt of the Order, its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement is concluded when the Customer receives the above e-mail.

  3. If the Customer chooses:

    • payment by bank transfer, electronic payment, or payment card — the Customer is obliged to make the payment within … calendar days from the date of concluding the Sales Agreement; otherwise, the Order will be cancelled.

    • cash on delivery upon receipt of the shipment — the Customer is obliged to make the payment upon receipt of the shipment.

    • cash payment upon personal pickup — the Customer is obliged to make the payment upon pickup within … days from the date of receiving information that the shipment is ready for pickup.

  4. If the Customer has chosen a delivery method other than personal pickup, the Product will be dispatched by the Seller within the time indicated in its description (subject to section 5 of this paragraph), using the method selected by the Customer when placing the Order.

  5. A In the case of ordering Products with different delivery times, the delivery time is the longest time indicated.
    B When ordering Products with different delivery times, the Customer may request delivery in parts or delivery of all Products after the entire Order has been completed.

  6. The start of the period for delivery of the Product to the Customer is counted as follows:

    • if the Customer chooses payment by bank transfer, electronic payment, or payment card — from the date the Seller’s bank account is credited;

    • if the Customer chooses cash on delivery — from the date of concluding the Sales Agreement.

  7. If the Customer has chosen personal pickup of the Product, the Product will be ready for pickup by the Customer within the time indicated in the Product description. The Customer will be additionally informed by the Seller that the Product is ready for pickup by sending a relevant e-mail to the address provided during Order placement.

  8. In the case of ordering Products with different readiness times for pickup, the readiness time for pickup is the longest time indicated.

  9. The start of the period for the Product to be ready for pickup by the Customer is counted as follows:

    • if the Customer chooses payment by bank transfer, electronic payment, or payment card — from the date the Seller’s bank account is credited;

    • if the Customer chooses cash upon personal pickup — from the date of concluding the Sales Agreement.

  10. Delivery of the Product is carried out only within the territory of Poland.

  11. Delivery of the Product to the Customer is subject to a fee unless the Sales Agreement provides otherwise. The costs of delivering the Product (including transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery Costs” tab and during Order placement, including when the Customer expresses the will to be bound by the Sales Agreement.

  12. Personal pickup of the Product by the Customer is free of charge.

§10 Right of Withdrawal from the Agreement

  1. A Consumer may withdraw from a Sales Agreement within 14 days without giving any reason.

  2. The period referred to in section 1 begins on the day the Product is delivered to the Consumer or to a person indicated by the Consumer other than the carrier.

  3. In the case of an Agreement which covers multiple Products delivered separately, in batches, or in parts, the period referred to in section 1 runs from the delivery of the last item, batch, or part.

  4. In the case of an Agreement for the regular delivery of Products for a fixed period (subscription), the period referred to in section 1 runs from taking possession of the first item.

  5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.

  6. The statement may be sent by traditional mail, by fax, or electronically by sending the statement to the Seller’s e-mail address or by submitting the statement on the Seller’s website — the Seller’s contact details are specified in §3. The statement may also be submitted using the form whose template constitutes Appendix No. 1 to these Terms and Conditions and an appendix to the Act of 30 May 2014 on Consumer Rights; however, this is not obligatory.

  7. If the Consumer sends the statement electronically, the Seller will promptly send the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.

  8. Effects of withdrawal from the Agreement:

    • in the event of withdrawal from a distance Agreement, the Agreement is considered not concluded;

    • in the event of withdrawal from the Agreement, the Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, refund to the Consumer all payments made by the Consumer, including the cost of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the least expensive standard delivery method offered by the Seller;

    • the Seller will make the refund using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not involve any costs for the Consumer;

    • the Seller may withhold the refund until the Product is received back or until proof of its return is provided to the Seller, whichever occurs first;

    • the Consumer should return the Product to the Seller’s address provided in these Terms and Conditions promptly and in any event no later than 14 days from the day on which the Consumer informed the Seller about the withdrawal from the Agreement. The deadline is met if the Consumer sends back the Product before the period of 14 days has expired;

    • the Consumer bears the direct cost of returning the Product, including the cost of returning a Product which, by its nature, cannot be returned by ordinary post;

    • the Consumer is liable only for any diminished value of the Product resulting from handling it in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product.

  9. If, due to the nature of the Product, it cannot be returned by ordinary post, information about this and about the cost of returning the Product will be included in the Product description in the Store.

  10. The right to withdraw from a distance agreement does not apply to the Consumer with respect to agreements:

  • in which the object of performance is a non-prefabricated item made to the Consumer’s specifications or serving to satisfy their individualized needs;

  • in which the object of performance is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;

  • in which the object of performance is an item that is liable to deteriorate rapidly or has a short shelf life;

  • for the provision of services, if the Seller has fully performed the service with the Consumer’s express consent, and the Consumer was informed before the performance that after the Seller’s performance they would lose the right of withdrawal;

  • in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal period expires;

  • in which the object of performance consists of items which, after delivery, by their nature, are inseparably combined with other items;

  • in which the object of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, whose delivery can occur only after 30 days and whose value depends on market fluctuations beyond the Seller’s control;

  • in which the object of performance consists of audio or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;

  • for the supply of newspapers, periodicals, or magazines, except for subscription contracts;

  • for the supply of digital content not supplied on a tangible medium, if the performance has begun with the Consumer’s express consent before the withdrawal period has expired and after being informed by the Seller of the loss of the right of withdrawal.

§11 Complaints and Warranty

  1. New Products are covered by the Sales Agreement.

  2. If a defect occurs in goods purchased from the Seller, the Customer has the right to lodge a complaint based on the warranty (statutory liability for defects) under the Civil Code.

  3. A complaint should be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions.

  4. A complaint may also be submitted in writing or electronically to the Seller’s addresses provided in these Terms and Conditions, or using an electronic complaint form made available by the Seller on one of the Store’s subpages.

  5. It is recommended that the complaint include, among other things, a concise description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer’s request in connection with the defect of the goods.

  6. The Seller will respond to the complaint request without delay, and if the Customer is a Consumer — no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it is considered that the Customer’s request has been accepted as justified.

  7. If a Product is covered by a commercial guarantee, information about it and its terms will be included with the Product description in the Store. The Seller will also attach a guarantee card to the Product sold.

§12 Out-of-Court Complaint Handling and Redress

  1. Detailed information regarding the Consumer’s ability to use out-of-court complaint handling and redress mechanisms and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, the Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK): 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. The Consumer has, in particular, the following options for using out-of-court complaint handling and redress:

    • the Consumer is entitled to 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) with a request to resolve a dispute arising from an Agreement concluded with the Seller;

    • the Consumer is entitled to apply to the provincial inspector of Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller;

    • the Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using free assistance of the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers and the Association of Polish Consumers).

§13 Personal Data in the Online Store

  1. The controller of the Customers’ personal data collected via the Online Store is the Seller.

  2. The Customers’ personal data collected by the controller via the Online Store are collected for the purpose of performing the Sales Agreement and — if the Customer gives consent — also for marketing purposes.

  3. Recipients of the Customers’ personal data of the Online Store may be:

    • in the case of a Customer who uses the delivery method of postal shipment or courier shipment in the Online Store — the Controller provides the collected personal data of the Customer to the selected carrier or intermediary executing shipments on behalf of the Controller;

    • in the case of a Customer who uses electronic payments or payment card in the Online Store — the Controller provides the collected personal data of the Customer to the selected entity handling the above payments in the Online Store.

  4. The Customer has the right to access and correct their data.

  5. Providing personal data is voluntary; however, failure to provide the personal data indicated in the Terms and Conditions that are necessary to conclude a Sales Agreement results in the inability to conclude such an agreement.

§14 Final Provisions

  1. Agreements concluded through the Online Store are concluded in the Polish language.

  2. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e., changes in legal provisions, changes in payment and delivery methods — to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.

  3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services; the Act on Consumer Rights; and the Act on Personal Data Protection.

  4. The Customer has the right to use out-of-court complaint handling and redress methods. For this purpose, the Customer may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.