Terms and conditions
Terms and Conditions
of the By Insomnia Online Store
of 15 February 2022
(“Terms and Conditions”)
§1. Introduction
These Terms and Conditions set out the rules and principles of using the online store provided at the address www.byinsomnia.com by Natalia Pstrokońska, conducting business activity under the name of By Insomnia Natalia Pstrokońska, ul. Kwitnącego Sadu 2, 02-202 Warszawa, entered in the register of entrepreneurs – Central Registration and Information on Business (CEIDG), Tax ID No (NIP) 5851078074, REGON 388483466, and in particular they set out the rules of placing Orders and concluding sales agreements with the use of distant communication means, as well as the use of services via the Online Store by the Customers.
Contact details for fast communication with the Seller (address / contact / complaint details):`
By Insomnia
ul. Kwitnącego Sadu 2,
02-202 Warsaw,
e-mail address: sklep@byinsomnia.pl,
phone number: + 48 22 230 22 13
§2. Glossary of definitions
Definitions used in these Terms and Conditions have the following meaning:
1. Customer – a natural person, including the Consumer, who is at least 18 years old, as well as a legal person or an organisational unit without legal personality, which has legal capacity based on a separate act, and which has placed or intends to place an Order, or uses other services provided by the Online Store.
2. Consumer – a natural person conducting a legal transaction not directly related to their business or professional activity, when the content of the agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity, to the extent to which consumer rules apply to this person;
3. Terms and Conditions – these Terms and Conditions of sale of goods and provision of services by electronic means. For the provision of services by electronic means, these Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means.
4. Online Store (hereinafter also referred to as the “Store”) – an online service available under the address www.byinsomnia.pl, through which a Customer can place Orders and use other Services provided by the Store.
5. Party – the Service Provider or the Customer.
6. Goods – a movable item which is the subject of the Sales Agreement or an E-Gift Card.
7. Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Service Provider and the Customer with the use of means of distance communication through the Store, the subject of which are the Goods on the terms specified in the Terms and Conditions.
8. Service (Services) – a service provided by the Service Provider by electronic means through the Store on the terms specified in the Terms and Conditions.
9. Service Provider (also referred to as the “Seller”) – Natalia Pstrokońska, conducting business activity under the name of By Insomnia Natalia Pstrokońska, ul. Kwitnącego Sadu 2, 02-202 Warszawa, entered in the register of entrepreneurs – Central Registration and Information on Business (CEIDG), Tax ID No (NIP) 5851078074, REGON 388483466.
10. Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
11. Order – a Customer's declaration of will to conclude the distance Sales Agreement with the Service Provider through the Online Store, specifying the type and number of Goods being the subject of the Sales Agreement.
§3. Basic obligations of the Parties
1. Each Party of the Sales Agreement is obliged to render its service, i.e. to execute the concluded Sales Agreement.
2. The Customer is obliged to use the Store and Services offered by the Service Provider in a manner consistent with the rules in force within the territory of the Republic of Poland and the provisions of these Terms and Conditions, as well as not to produce content prohibited by generally applicable provisions of law.
3. The Seller is obliged to deliver Goods free of defects.
4. If the buyer is the Consumer, the Seller is obliged to give the item to the buyer without delay, but not later than thirty (30) days from the date of the conclusion of the Sales Agreement, unless the Sales Agreement provides otherwise (i.e. in the description of the Goods or in the Order summary or the Order confirmation, a different date of delivery of the Goods is indicated).
3. Terms and Conditions – these Terms and Conditions of sale of goods and provision of services by electronic means. For the provision of services by electronic means, these Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means.
4. Online Store (hereinafter also referred to as the “Store”) – an online service available under the address www.byinsomnia.pl, through which a Customer can place Orders and use other Services provided by the Store.
5. Party – the Service Provider or the Customer.
6. Goods – a movable item which is the subject of the Sales Agreement or an E-Gift Card.
7. Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Service Provider and the Customer with the use of means of distance communication through the Store, the subject of which are the Goods on the terms specified in the Terms and Conditions.
8. Service (Services) – a service provided by the Service Provider by electronic means through the Store on the terms specified in the Terms and Conditions.
9. Service Provider (also referred to as the “Seller”) – Natalia Pstrokońska, conducting business activity under the name of By Insomnia Natalia Pstrokońska, ul. Kwitnącego Sadu 2, 02-202 Warszawa, entered in the register of entrepreneurs – Central Registration and Information on Business (CEIDG), Tax ID No (NIP) 5851078074, REGON 388483466.
10. Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
11. Order – a Customer's declaration of will to conclude the distance Sales Agreement with the Service Provider through the Online Store, specifying the type and number of Goods being the subject of the Sales Agreement.
§4. Orders
1. The Customer can place Orders via the Online Store 7 days a week, 24 hours a day.
2. In order to conclude the Sales Agreement for distance sales of Goods via the Online Store, the Customer has to provide the necessary data required by the Seller during the process of placing Orders, and ultimately place an Order taking additional steps which follow the displayed information.
3. In order to place an effective Order and conclude the Sales Agreement, the Customer must read and accept the Terms and Conditions, as well as confirm that they are aware of the fact that placing an Order entails the obligation to pay.
4. Placing an effective Order is equivalent to the conclusion by the Customer of the Sales Agreement with the Seller of Goods, as defined in the Civil Code.
5. After placing the Order, the Customer receives an e-mail, which is the conformation of the receipt of the Order by the Store and which contains the final confirmation of all the essential elements of the Sales Agreement.
§5. Price, payment and delivery of Goods
1. Prices of Goods in the Store are quoted in the Polish Zloty and are gross prices.
2. Prices of Goods do not include delivery costs. The total value of the Order includes the price of Goods and delivery costs, where the costs of delivery are to be covered by the Customer.
3. Delivery is carried out via courier, parcel lockers and mail service. Personal receipt of Goods is possible by prior agreement by the Parties to the Sales Agreement of the date of personal receipt of the Goods.
4. The Customer can use the following payment methods:
Cash on delivery – cash payment on the receipt of Goods (payment is made to the courier and deemed as made by the Customer to the Seller),
Bank transfer to the Seller's bank account (prepayment),
Payment via PayPal service supplied by PayPal (Europe) S.à r.l. & Cie, S.C.A with its registered office at L-1150 in Luxembourg,
Payment via Przelewy24 service – online bank transfer or payment with a credit/debit card (service supplied by PayPro S.A. with its registered office in Poznań, Pastelowa 8 (60-198), entered into the Register of Entrepreneurs of the District Court for Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000347935, with share capital of PLN 5 476 300,00 (fully paid up), Tax ID No (NIP): 7792369887.
5. Costs of delivery can be found on the Store's subpage at: https://byinsomnia.com/pl/content/9-koszt-i-czas-dostawy.
6. Delivery of Goods is performed within the territory of the Republic of Poland and beyond, according to the delivery price list.
7. In the case of cash on delivery, the Customer agrees to receive and pay for the purchased Goods (including package and postage costs) directly to the courier delivering the parcel. If the Customer refuses to pay for the delivered parcel, i.e. it fails to perform the Sales Agreement, the courier returns the parcel to the Seller (14 days after the first delivery attempt). In such case, i.e. in the case of failure by the Customer to perform the Sales Agreement, the Seller can require that the Customer perform the Agreement, and can claim compensation for damage caused to them by failure to perform the Sales Agreement by the Customer, which means, in particular, covering of the shipping costs (both ways) and of the demand for performance of the Sales Agreement, i.e. the payment.
8. The shipment of Goods is performed immediately after:
The conclusion of the Sales Agreement: in the case of payment described in section 5.4.1:
After the Seller's bank account has been credited: in cases described in sections 5.4.2 to 5.4.4.
9. Placing an order by the Customer is tantamount to a request to issue an invoice documenting the transaction in electronic form, and thus to accept the use of such an invoice. The Seller is obliged to issue the above-mentioned invoice and send it to the Customer's e-mail address provided when placing the Order.
§6 Parcel receipt
1. We recommend that the Consumer checks the parcel with ordered Goods when receiving it, and at least its external condition.
2. The Seller hereby reminds that, in accordance with Article 791 of the Civil Code, payment of receivables of the carrier and parcel acceptance without reservations results in expiration of all claims against the carrier arising from the contract of carriage (including the liability for damage). However, this does not apply to claims arising from invisible damage to the parcel, if the recipient has informed the carrier of them within one week after the receipt of the parcel.
3. In the light of the above provisions of section 6.2 we suggest that in case of noticing mechanical damage of the package or other visible external damage, the Consumer demands from the carrier to make a protocol indicating the damage. We also suggest that the Consumer always checks the contents of the package. In the case of finding:
mechanical damage of the parcel content,
non-compliance of the parcel content with the subject of the Sales Agreement, the Consumer is entitled to refuse to accept the parcel. In such case, we suggest noting down all observations and comments in the presence of the carrier and immediately informing the Service Provider thereof. In each case, if damage occurs, we suggest making a damage protocol in the presence of the carrier.
4. The Customer who is not a Consumer is obliged at the time of receipt of the parcel to check its contents. In the event of noticing damage, the Customer is obliged to report it to the supplier of the Goods and contact the Seller immediately.
5. The Seller hereby reminds that, in accordance with Article 548 § 1 of the Civil Code, at the moment the sold Goods are issued to the buyer (the Customer), all benefits and burdens associated with the item (the Goods) and the risk of accidental loss or damage of the item (the Goods) are transferred to the Customer. If the Goods are to be sent by the Seller to the Consumer, the risk of accidental loss or damage of the Goods is transferred to the Consumer at the moment the Goods are issued to the Consumer. The Goods are deemed issued at the moment they are passed by the Seller to the carrier, if the Seller did not have an influence on the choice of the carrier by the Consumer.
§7 Consumer's Right to Withdraw from the Agreement (Return of Goods)
1. The Consumer may withdraw from the distant Sales Agreement without stating the reasons by submitting a relevant written declaration, sending an e-mail to sklep@byinsomnia.pl or by calling + 48 22 230 22 13 within 30 (thirty) days, whereby this deadline starts with taking possession of items by the Consumer or a third party (other than the carrier) indicated by them, and in the case of an agreement which includes many items delivered separately, in batches or in parts – with taking possession of the last item, batch or part. To meet the deadline, it is enough to send the appropriate declaration before the deadline expires to the Seller's address.
2. The declaration mentioned in section 7.1 above can also be submitted as the Form, the specimen of which is contained in Appendix 2 to the Agreement and Appendix 1 to the Terms and Conditions.
3. In the case of withdrawal from the distant Sales Agreement, the Agreement is considered as not having been concluded.
4. If the Consumer has submitted a statement of withdrawal from the Sales Agreement before the Seller has accepted the Consumer's offer, the offer ceases to be binding.
5. Consumer's obligations:
- The Consumer is required to return the Goods to the Seller or to a person authorised by the Seller without delay, but not later than 30 days from the date on which they withdrew from the Sales Agreement, unless the Seller suggested that they would collect the Goods personally. To meet the deadline, it is enough to send the Goods before the deadline expires. The Goods should be packed in a way that ensures their safe transport.
- The Consumer bears direct costs of the return of Goods (the cost of sending them back).
- The Consumer is liable for decreasing the value of Goods as a result of using them is a manner going beyond the necessary manner to find the character, features and functioning thereof.
6. Seller's obligations
7. The Seller is obliged to without delay, but not later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, return to the Consumer all payments they have made, including the cost of delivery of Goods, whereby if the Seller has not suggested that they would collect the Goods personally from the Consumer, the Seller may withhold the return of payments received from the Consumer until the receipt of items or until the moment the Consumer supplies evidence of their return, depending on which event occurs first.
8. The Seller makes a refund using the same method of payment as used by the Consumer, unless the Consumer has explicitly expressed consent for a different method that bears no costs to them.
9. If the Consumer has chosen a different delivery method than the cheapest method offered by the Seller, the Seller is not obliged to refund additional costs borne by them to the Consumer.
10. We suggest enclosing a proof of purchase for speeding the return process.
§8 Statutory exclusion of the Right to Withdraw
The statutory right to withdraw from an agreement, described in section 7 of these Terms and Conditions, does not apply in situations set out in Article 38 of the Act, i.e. in respect of agreements:
1. on the provision of services, if the entrepreneur performed the service in full with the consent of the consumer who had been informed before the service performance that after the service is performed the consumer loses the rights to withdraw from the agreement;
2. in which the price or remuneration depends on financial market fluctuations over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the agreement;
3. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or clearly personalised;
4. in which the subject of the service is vulnerable to deterioration or expiration rapidly;
5. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening for health protection and hygiene reasons, if the package was opened after delivery;
6. in which the subject of the service are items that after delivery, due to their nature, become inseparably connected with other items;
7. in which the subject of the service are alcoholic beverages whose price was agreed on at the moment of the sales agreement conclusion and whose delivery may only be performed after the lapse of 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
8. in which the consumer has explicitly demanded that the entrepreneur comes to them in order to perform urgent repairs or maintenance; if the entrepreneur provides additional services, other than those demanded by the consumer, or supplies items other than spare parts necessary for the performance of the repair or maintenance, the consumer retains the right of withdrawal from the agreement in respect of additional services or items;
9. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
10. on the delivery of newspapers, periodicals and magazines, excluding a subscription agreement;
11. concluded by public auction;
12. on the provision of services in terms of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure activities, entertainment, sports or cultural events, if the agreement specifies the day or period of the given service performance;
13. for the supply of digital content which is not stored on a tangible medium, if the service performance has begun with the express consent of the consumer before the deadline to withdraw from the agreement and after they have been informed by the entrepreneur of the loss of the right of withdrawal.
§9 Warranty for physical defects of Goods (Complaints and complaint procedure)
1. The Seller is obliged to deliver Goods free from defects and is liable for the defects of the Goods.
2. A physical defect occurs when the sold Goods are inconsistent with the Sales Agreement.
3. Complaints on account of the warranty for defects (non-compliance of the Goods with the Sales Agreement) can also be submitted in writing or by e-mail sent to the Seller's address.
4. Each Customer who enforces their rights on account of the warranty should deliver the defective Goods to the Seller.
5. In order to speed up the complaint handling process, please include the following in the complaint contents: submitted claim, a short description of the reasons justifying the complaint and the Consumer's contact details. Please also attach, if possible, a proof of purchase (invoice or receipt). If the submitted complaint does not contain the information necessary for its handling, the Seller will contact the Customer to obtain it.
6. If the sold Goods are defective, the Customer may:
make a statement about the price reduction or on withdrawal from the agreement, unless the Seller immediately and without undue inconvenience for the Customer replaces the defective Goods with the Goods free from defects or removes the defect. The reduced price should be in proportion to the price resulting from the agreement, in which the value of defective Goods is the value of Goods free from defects. The Customer cannot withdraw from the agreement, if the defect is negligible;
demand exchange of Goods for the Goods free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with the Goods free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer, subject to and in accordance with the relevant provisions of the Civil Code.
If the Customer is the Consumer, they may demand replacement of the Goods instead of removal of the defect as proposed by the Seller or removal of the defect instead of the replacement of the Goods as proposed by the Seller, unless making the Goods compliant with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs compared with the way proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free from defects and the nature and importance of the defect are taken into account, as well as inconvenience which the Consumer would suffer, if their claim was satisfied otherwise.
7. When the sale transaction takes place between entrepreneurs, the buyer (the Customer who is not the Consumer) loses their right to the warranty, if they have not examined the Goods at the time and in the manner adopted for such items, and have not notified the Seller immediately of the defect, and if the defect became apparent only later – if they have not notified the Seller immediately after their discovery.
8. Within 14 days, the Consumer will be informed of the complaint handling and of the manner of its settlement.
9. The Seller is liable for non-compliance of the Goods with the agreement, only in the case of its discovery before the lapse of two years from the date of issuance of the Goods to the Consumer. The Consumer loses the right to demand that the Goods be made compliant with the agreement, granted to them under the current provisions of law, if they do not notify the Seller of the observed non-conformity before the lapse of twelve months from the observation. To meet the deadline, it is enough to send a notice before its expiry.
§10. Newsletter
1. The Customer can express consent to receive commercial information, i.e. they have a possibility to subscribe to a Newsletter – a service provided by the Service Provider. The Newsletter is sent only to the Customers who have ordered it.
2. The Newsletter service includes sending to the e-mail address indicated by the Customer information in the form of an electronic letter (e-mail) containing an information bulletin (a Newsletter) of the Online Store, as well as other commercial information sent by the Service Provider in their name and on behalf of third parties.
3. The Customer may resign from the Newsletter subscription at any time.
§11. Personal data
1. The Customer's personal data are processed by the Seller, subject to the relevant provisions of law in this regard.
2. The Customer's personal data are administered by the Seller.
3. Providing personal data is a prerequisite for the provision of services via the byinsomnia.com online store, with the exception of viewing the content of the store (in which case providing data is not necessary). The Customer is required to provide their personal data as failing to do so will result in the inability to use any services provided by the byinsomnia.com Online Store.
4. All personal data provided are subject to special protection.
5. Everyone has the right to access their personal data and the right to request their update or stop their processing, the right to transfer data, to object, to withdraw consent at any time without affecting the lawfulness of processing based on the consent before its withdrawal.
6. Personal data will be stored for the duration of the provision of services unless the law allows for a longer period of data processing – in such case within the maximum legally permissible period.
7. Detailed information regarding the rules for processing of personal data in connection with the use of the Store by Customers are specified in the Privacy Policy https://byinsomnia.com/pl/content/14-polityka-prywatnosci
§12. General terms of use of the Online Store
1. The Service Provider renders the following services via the Online Store:
presentation of the Store's product offer,
possibility of placing Orders for the Goods available in the Online Store and, in consequence, possibility of concluding distance Sales Agreements,
2. Access to the services specified in section 12.1 above does not require Registration.
3. Using the services specified in section 12.1.1 is free of charge.
4. In order to use the Store, the Customer must possess devices with access to the Internet with a web browser (recommended: Mozilla Firefox version 24.0 or newer, Opera version 10 or newer, Google Chrome version 28.0 or newer, or MS Internet Explorer version 8.0 or newer) that enables cookies and Javascript. Using other web browsers is permissible, if they provide full compatibility with the above-listed versions.
§13. Judicial settlement of disputes
1. Settlement of any disputes arising between the Service Provider and the Customer who is the Consumer is subject to the resolution by a competent court in accordance with the relevant provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Service Provider and the Customer who is not the Consumer is subject to the resolution by a competent court for the Service Provider's registered office.
§14. Non-judicial ways of dealing with complaints and asserting claims and rules of accessing these procedures
1. If the Seller rejects the Consumer's complaint, and the Consumer does not agree with the Seller's decision, they may ask for mediation or settlement by the arbitration court, i.e. use methods of Alternative Dispute Resolution (ADR).
2. Using ADR is possible exclusively after end of the complaint handling process (the complaint has to be submitted to the Seller in the first place), and both Parties have expressed consent to proceed within the ADR procedures (if one Party does not consent to the ADR, using it is not possible and they have to use judicial means).
3. Detailed information about non-judicial mode of asserting claims can be found in the guide of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/download.php?plik=15038
4. Information on the possibility of using by the Customer who is the Consumer of non-judicial ways of dealing with complaints and asserting claims, as well as rules of access to these procedures are also available in the offices and on the websites of district (municipal) consumer ombudsmen, social organisations with consumer protection in their statutory obligations, Provincial Inspectorates of Trade Inspection and the following links of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
5. The Customer who is the Consumer has, among others, the following possibilities to use non-judicial ways of dealing with complaints and asserting claims:
Permanent Consumer Conciliatory Court operating at the Trade Inspectorate – possibility of submitting a request for resolution of a dispute arising from the concluded Sales Agreement;
Provincial Inspector of the Trade Inspectorate – possibility of submitting a request for initiating mediation proceedings on the amicable settlement of a dispute between the Customer and the Store;
District (municipal) consumer ombudsmen or a social organisation with consumer protection in its statutory obligations (including the Consumers' Federation, the Polish Consumers' Association). Advice is provided by the Consumer's Federation under a free consumer helpline 800 007 707, and by the Polish Consumers' Association at email porady@dlakonsumentow.pl
6. Final provisions
These Terms and Conditions replace the Terms and Conditions of September 1, 2021 and shall apply to transactions concluded after February 15, 2022.
In matters not regulated herein, generally binding provisions of the law shall apply. The Sales Agreement and other agreements concluded under these Terms and Conditions are concluded in accordance with Polish law, and thus Polish law is applicable to the implementation of the Sales Agreement and the agreement on the provision services by electronic means.
Customers can access the Terms and Conditions at any time, free of charge, via the subpage (tab) of the Store – Terms and Conditions, available from each level at the Store’s website.
Information about the Goods available in the Store, and in particular their descriptions, technical and performance characteristics and prices are an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
Changes to the Terms and Regulations may take place subject to the conditions set out in Article 384(1) of the Civil Code.
The rights to any contents made available through the Online Store, and in particular the copyright to photos, descriptions of Goods the Store’s name, trademarks granted to the Service Provider and producers of Goods, as well as graphics, software and copyright to databases included in the Store are protected by law and are granted to the Service Provider and entities with which the Service Provider has concluded appropriate agreements. Unauthorised copying or other forms of use of any elements of the Store without the consent of the Service Provider is prohibited and violation of the above copyrights is subject to criminal liability, including a penalty of imprisonment.
Appendix 1 to the Terms & Conditions
Specimen form of withdrawal from the Sales Agreement
(this form needs to be completed and sent only if the Customer/Consumer intends to withdraw from the Sales Agreement)Data: ……………………………………………………Addressee:
BY INSOMNIA
UL. Kwitnącego Sadu 2
02-202 Warszawa
adres e-mail: shop@byinsomnia.plnr telefonu: + 48 22 230 22 13
I hereby inform of my withdrawal from the Sales Agreement with regard to the following items:………………………………………………………………………………………………………………………………….……………………………………
Date of the Goods receipt:……………………………………………………………………………………………………………………
Name and surname of the Consumer:……………………………………………………………………………………………………………………
Address of the Consumer:……………………………………………………………………………………………………………………
………………………………….Consumer’s signature (only if the Form is sent in paper version)
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