Contact details for quick communication with the seller
BY INSOMNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Kwitnącego Sadu 2
02-202 Warszawa
Email: sklep@byinsomnia.pl
Phone: + 48 515 818 600
§1. Definitions
Electronic Gift Card (Card) – a bearer voucher in the form of an alphanumeric
code, entitling the holder to purchase goods in the byinsomnia.com store up to the amount of the
assigned Value Available for Use.
The Card is not a payment card or an electronic money instrument.
Purchaser – the person purchasing the Card from the Issuer.
User – the current holder (bearer) of the Card code.
Issuer – Natalia Pstrokońska, conducting business under the name By Insomnia Natalia Pstrokońska, ul. Kwitnącego Sadu 2, 02-202 Warszawa, NIP 5851078074.
Value Available for Use – the amount assigned to the Card, available to be spent on purchases in the Store.
§2. General Terms and Purchase of the Card
The Card is purchased through the Store in accordance with the general terms and conditions of sale.
The issuance of the Card does not constitute a sale subject to VAT at the time of its issuance. VAT taxation occurs only at the time the Card is redeemed, i.e., when the goods are issued to the User.
The Card may be used exclusively to complete transactions in the byinsomnia.com store.
The Gift Card may not be exchanged for cash, either in whole or in part.
Withdrawal from the Agreement:
A Purchaser who is a Consumer, or an entrepreneur with consumer rights, may withdraw from the agreement to purchase the Card within 14 days of receiving it, provided that the Card has not been used before that time.
A withdrawal statement may be submitted electronically to:
sklep@byinsomnia.pl.
§3. Rules for Using the Card
The Purchaser sets the Card's denomination (from 50 zł to 1000 zł) and provides the User's e-mail address.The Card is activated upon payment and upon the code being sent to the User. The Card is valid for the period stated in the e-mail containing the Card code, which shall be no shorter than 24 months from the date of its activation.
Upon expiry of the validity period, the Card expires and unused funds are non-refundable.
The User redeems the Card by entering the code in the "Promo Code / Gift Card" field in the order cart.
If the value of the purchase is:
higher than the value of the Card – the User pays the difference using the available payment methods,
lower than the value of the Card – the remaining funds stay on the Card and may be used for future purchases during its validity period.
The Gift Card is a bearer voucher. The Issuer is not liable for its loss, destruction, or disclosure of the code to third parties by the Purchaser or the User.
§4. Returns of Goods Purchased with the Card
Returns of goods purchased using the Card are governed by the rules set out in the general Store Terms and Conditions.
In the event of a return of goods paid for with the Card, the funds are refunded by re-crediting the Gift Card, i.e., restoring the corresponding Value Available for Use.
If the order was paid using a mixed method (Card + an additional payment by another payment method), the refund is made proportionally:
• the portion paid with the Card is returned to the Card,
• the portion paid by another payment method is refunded using the same payment method.
§5. Complaints and Notifications
Complaints regarding the Card (e.g., a non-working code) may be submitted electronically to: sklep@byinsomnia.pl.
The Issuer will review the complaint within 14 days of its receipt.
The Issuer is not liable for disclosure by the Purchaser or the User of the Card code to unauthorized persons.
In the event of technical problems attributable to the Issuer that prevented use of the Card during its validity period, the Issuer will – at the User's request – extend the validity of the Card by the duration of the technical problem.
§6. Protection of Personal Data
The Issuer is the controller of personal data.
The Purchaser's and User's data (e-mail address) are processed solely for the purpose of performing the agreement related to the Gift Card and for the purpose of fulfilling legal obligations.
A Purchaser who provides the data of a third party (the User) represents that they have a legal basis for disclosing that data for the purpose of delivering the gift.
§7. Out-of-Court Methods of Dispute Resolution
The Consumer has the option of using out-of-court methods for handling complaints and pursuing claims.
In particular, the Consumer may contact:
• the permanent consumer arbitration court operating at the Trade Inspectorate,
• the provincial inspector of the Trade Inspectorate,
• the municipal or county consumer ombudsman.
The Consumer may also use the online dispute resolution platform available at:
https://ec.europa.eu/consumers/odr
§8. Final Provisions
The text of these terms and conditions is available on the byinsomnia.com website.
In matters not regulated by these terms and conditions, the provisions of Polish law shall apply, in particular the provisions of the Civil Code and the Consumer Rights Act.