terms & conditions

TERMS AND CONDITIONS OF CHEERFUL BAMBINO INTERNET STORE

General Provisions

These Regulations (hereinafter: “Terms & Conditions“) set out the terms and conditions of use of the online store “Cheerful Bambino” operating at the Internet address www.cheerfulbambino.com (hereinafter: “Store“).
The Terms & Conditions are the rules and regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of services by electronic means (hereinafter: “Act on the provision of services by electronic means”).
The Shop is owned by Joanna Mazik, conducting business under the name ‘Cheerful Bambino Joanna Mazik’ (permanent business address: Hetmańska Street, 20-553 Lublin), registered in the Central Register of Business Activity and Information, holding NIP number: 7151910844, REGON: 523792424 (hereinafter: “Seller“).
Contact with the Seller is possible by means of:
1. e-mail – at: hi@cheerfulbambino.com;
2. traditional mail – at the address: Hetmańska 14/10, 20-553 Lublin, POLAND;
3. telephone – at number: +48 531 393 390.

In the course of its business, the Seller:

1. sells Goods that can be purchased by Buyers using the Store;
2. provides a Newsletter to the Subscribers.

Information about the Goods available in the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of April 23, 1964 – the Civil Code (hereinafter: the “Civil Code“).
Before using the Store, the Customer is obliged to read the Terms & Conditions and Privacy Policy.

Definitions

Capitalised words used in the Terms & Conditions have the following meanings:

Business Day – a day that is not a Saturday, Sunday or any other holiday within the meaning of the provisions of the Holiday Act of January 18, 1951;
Customer – the Buyer or Subscriber;
Civil Code – the term defined in § 1(6) of the Terms & Conditions;
Consumer – a natural person making a legal transaction with the Seller that is not directly related to his/her business or professional activity;
Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has concluded a Sales Contract with the Seller or has taken steps to conclude them;
Newsletter – digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information on the current activities of the Seller;
Non-compliance – means:
non-conformity of the Goods with the Contract relating to them (the criteria for assessing the conformity of the Goods with the Contract pertaining to them are specified in Article 43b Paragraph 1-2 of the Consumer Rights Act), or
non-conformity of the Newsletter with the Contract relating to its delivery (the criteria for assessing the conformity of the Digital Item with the Contract relating to its delivery are specified in Article 43k paragraphs 1-2 of the Consumer Rights Act).
Privacy Policy – a document containing information on the processing of personal data by the Seller;
Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, conducting business or professional activity in its name and to which special regulations grant legal capacity;
Entrepreneur on the rights of a Consumer – a natural person conducting a business or professional activity on his behalf, who has entered into an Agreement with the Seller directly related to his business activity, but which does not have a professional character for this person, resulting from the subject of his business activity;
Terms & Conditions – the term defined in § 1(1) of the Terms and Conditions;
Seller – the term defined in § 1 Section 3 of the Terms & Conditions;
Subscriber – a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer, who has entered into a Newsletter Delivery Agreement with the Seller or has taken steps to enter into such an Agreement;
Goods – a product offered by the Seller;
Contract – Sales Contract or Newsletter Delivery Agreement;
Newsletter Delivery Agreement – an agreement for delivery of digital content within the meaning of the Consumer Rights Act, according to which the Seller undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber undertakes to provide personal data to the Seller;
Sales Contract – a sales contract within the meaning of the Civil Code, the object of which is the sale to the Buyer of the Goods selected by him and available in the Store;
Consumer Rights Act – the Act of May 30, 2014, on consumer rights;
Electronic Services Act – the term defined in § 1(2) of the Terms & Conditions;
Order – the term defined in § 8(3) of the Terms & Conditions.

Technical requirements

In order for the Customers to use the Store correctly, it is necessary to meet all of the following conditions:
1. having an Internet connection;
2. possession of devices allowing the use of Internet resources;
3. using a web browser that enables the display of hypertext documents on the screen of the device, linked on the Internet via a web service that supports the JavaScript programming language, and also accepts cookies;
4. having an active e-mail account.

Within the Store, Customers are prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools).
The Seller informs that it uses cryptographic protection of electronic transfer and digital content through appropriate logical, organisational and technical measures to prevent third-party access to data, including SSL encryption, access passwords and anti-virus or anti-wanted software programs.
The Seller informs that despite the use of safeguards referred to in paragraph 3 above, the use of the Internet and services provided electronically may be threatened by the access to the information and communication system and the Customer’s device, harmful software or access to the data on this device by third parties. In order to minimise the threat mentioned earlier, the Seller recommends using anti-virus programs or means of protecting identification on the Internet.

Terms of use of the Store

The Customer is obliged to use the Store in a manner consistent with generally applicable law, the provisions of the Terms & Conditions, as well as good manners.
Provision of unlawful content by the Customer is prohibited.
The purchase of Goods does not require registration.
The prices of the Goods available in the Store are expressed in Euro (EUR) and are gross (including all mandatory price components).
In case of unavailability of a given Goods in the Store, the Buyer may request the Seller to notify him via e-mail about the availability of the Goods in the Store. In order to receive the notification indicated in the preceding sentence, the Buyer should send the Seller an e-mail address using the form provided in the Goods card.

Newsletter Delivery Agreement

In order to conclude a Newsletter Delivery Agreement, the Subscriber should do the following:
1. enter the Store’s website;
2. enter the e-mail address in the form available on the Store’s website;
3. obligatorily check the checkbox next to the statement about reading the Terms & Conditions and Privacy Policy and accepting their provisions;
4. click the “Submit” option;

Clicking the “Submit” option is tantamount to the Subscriber concluding the Newsletter Delivery Agreement.
The Customer may also conclude the Newsletter Delivery Agreement by checking the checkbox next to the statement of consent to receive the Newsletter when concluding the Sales Agreement. In such a scenario, the Newsletter Delivery Agreement is concluded at the time of concluding the Sales Agreement.
The Seller informs, and the Subscriber acknowledges that:

1. the Newsletter is not subject to updates;
2. the frequency and dates of Newsletter delivery are not predetermined and depend on the current status of the Seller’s business and events from the world of fashion.

The Newsletter is delivered via e-mail to the e-mail address provided by the Subscriber.
The Subscriber may terminate the Newsletter Delivery Agreement at any time and without giving any reason, with immediate effect. In addition, according to Art. 27 et seq. Consumer Rights Act, the Subscriber may withdraw from the Newsletter Delivery Agreement without stating any reason within 14 (fourteen) days from the date of its conclusion.
Withdrawal from or termination of the Newsletter Delivery Agreement, regardless of the basis for such action, shall be effected by:

1. clicking by the Subscriber on the link enabling resignation from receiving the Newsletter, which is sent with each Newsletter;
2. submission by the Subscriber to the Seller of a statement on withdrawal from the Newsletter Delivery Agreement or its termination by e-mail.

The Seller shall stop delivery of the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions indicated in section 7 above.

Conclusion of an Agreement outside the Seller’s business premises

1. The provisions of the Terms & Conditions shall apply to the above-mentioned Agreements concluded outside the Seller’s business premises, taking into account the conditions of this § 6.

The Newsletter Delivery Agreement may be concluded outside the Seller’s business premises, particularly during exhibitions and fairs.
The actions described in § 5, necessary to conclude a Newsletter Delivery Contract, may be performed by the Buyer with the use of an electronic device provided by the Seller.

Sales Contract

In order to purchase the Goods, the Buyer should do the following:
1. go to the Store’s website;
2. enter the tab of the selected Goods and click the “add to cart” option;
3. enter the “shopping cart” tab and click the “go to checkout” option;
4. enter or select the following data in the form that appears:
  1. name and surname;
  2. telephone number;
  3. e-mail address;
  4. residence/business address (street, house number, apartment number, city, postal code, country);
  5. delivery address (if different from residence/business address);
  6. optionally – company name and Tax Identification Number (if the Buyer is an Entrepreneur or an Entrepreneur on the rights of a Consumer);
  7. method of payment;
5. optionally – check the checkbox next to the statement of consent to receive the Newsletter;
6. click the “buy and pay” option, and then make payment for the Goods in accordance with the selected payment method.

Payment for the Goods can be made by the Buyer by bank transfer using the PayU, PayPal payment system or by using a credit card.
When the Buyer clicks the “buy and pay” option, it is equivalent to making an offer to purchase the selected Goods (hereinafter: “Order“)
After placing an Order, the Buyer shall receive a confirmation at the e-mail address provided by the Buyer.
If it is impossible to execute the Order, the Seller shall notify the Buyer by sending a message to the e-mail address provided by him. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph has been prepaid by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
If the Order is forwarded for execution, the Seller shall notify the Buyer by sending a message to the e-mail address provided by the Buyer. Upon receipt by the Buyer of the message referred to in the preceding sentence, a Sales Contract is concluded between the Seller and the Buyer.
If a submitted Order, in relation to which the Buyer has chosen the option to pay for the Goods before delivery, is not paid within 7 (seven) working days from the date of its submission, the Seller shall have the right to withdraw from the Sales Contract and cancel the Order within 7 (seven) days from the date of ineffective expiration of the deadline for payment of the Order. The Buyer shall be notified of the Seller’s withdrawal from the Sales Contract and cancellation of the Order through a message sent to the e-mail address provided by the Buyer..

Shipment of Goods

The Seller shall realise the shipment of Goods to addresses located in the territory of the European Union.
The shipping costs of the Goods shall be covered by the Buyer.
The Seller shall ship the Goods within […] Business Days from the date of crediting the payment to his bank account.
The Seller shall ship the Goods – at the Buyer’s choice – by courier or InPost parcel service.
The Seller shall deliver the Goods to the Buyer in a defect-free condition.
The Goods delivered to the Buyer should be intact.
The Buyer should check the delivered Goods in the courier’s presence. If the package with the Goods is damaged, the Buyer should write a damage report and contact the Seller.

The right to withdraw from the Sales Contract

The provisions of this § 9 apply only to a Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer.
The Buyer has the right to withdraw from the Sales Contract without giving any reason within 14 (fourteen) days from the date of taking possession of the Goods by him or a third party indicated by the Buyer, who is not a carrier.
The Buyer shall exercise the right to withdraw from the Sales Contract by submitting to the Seller a declaration of withdrawal from the Sales Contract (hereinafter: “Declaration“). To meet the deadline for withdrawing from the Sales Contract, it is sufficient to send the Declaration before the expiry of the deadline referred to in paragraph 2 above.
The Declaration may be submitted by the Buyer in any form, particularly on the form attached as Appendix No. 2 to the Consumer Rights Act. However, in order to improve the exercise of the right of withdrawal from the Sales Contract, the Seller recommends submitting a Declaration in the manner indicated in paragraphs 6-8 below.
The Buyer may submit the Declaration in the form of:
1. electronic;
2. paper.

If the Buyer chooses to make the Declaration in electronic form, the Buyer should send via e-mail to the address indicated in §1 sec.4 point 1 of the Terms & Conditions a message containing the following:

1. name and surname of the Buyer;
2. e-mail address;
3. correspondence address;
4. a clear statement of withdrawal from the Sales Contract;
5. indication of the Goods to which the withdrawal from the Sales Contract applies;
6. Order number;
7. date of placing the Order;

If the Buyer chooses to make the Declaration in paper form, the Buyer should print and fill out the form attached hereto as Appendix No. 1 and then send it together with the Goods to the address indicated in paragraph 10 below.
The Seller shall send the Buyer an acknowledgement of receipt of the Declaration immediately upon receipt by e-mail.
In the event of exercising the right to withdraw from the Sales Contract, the Buyer should return the Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Contract. To meet the deadline referred to in the preceding sentence, it is enough to send back the Goods before its expiration.
The Goods should be sent back to the following address:

Cheerful Bambino Joanna Mazik

Hetmańska 14/10,

20-553 Lublin

The Buyer bears the direct costs of returning the Goods.
The refund of payments made by the Buyer takes place after the Seller receives the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund is made using the same payment method used by the Buyer in the original transaction unless the Buyer expressly agrees otherwise. The Buyer shall not bear the cost of returning the payment made.
The Buyer is liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.

10.

Goods Complaints

Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under warranty towards Buyers who are Entrepreneurs is excluded. Further provisions of this § 10 apply only to:
1. The Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer;
2. Sales Contracts;
3. Non-Conformity of the Goods with the Sales Contract.

The Goods delivered to the Buyer by the Seller must comply with the Contract concerning them.
The Seller shall be liable for Non-Conformity existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that moment unless the Goods’ shelf life is longer.
In the event of disclosure of Non-Conformity, the Buyer has the rights indicated in Article 43d and n. Consumer Rights Act. The exercise of the Buyer’s rights indicated in the preceding sentence shall take place under the provisions of the Consumer Rights Act and the provisions of this § 10.
In the event of disclosure of Non-Conformity, the Buyer may file a complaint requesting:

1. repair of the Goods or
2. replacement of the Goods.

The complaint shall be submitted by e-mail to the address specified in § 1, paragraph 4, item 1 of the Terms & Conditions.
The complaint should include:

1. name and surname of the Client;
2. e-mail address;
3. Order number;
4. date of delivery of the Goods;
5. description of the revealed Non-Conformity;
6. request for repair or replacement of the Goods.

If the Seller receives a request for:

1. repair of the Goods – the Seller shall be entitled to replace the Goods;
2. replacement of the Goods – the Seller shall be entitled to repair the Goods;

– if the method chosen by the Buyer to bring the Goods into conformity with the Contract relating to them is impossible or would require excessive costs for the Seller.

If both replacement and repair of the Goods are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract relating to them.
After considering the complaint, the Seller shall provide the Buyer with a response to the complaint, in which:
1. accepts the complaint and indicates the planned date for the fulfilment of the Buyer’s request;
2. accepts the complaint and informs the Buyer about the Seller’s exercise of the right referred to in paragraph 8 above;
3. refuses to bring the Goods into conformity with the Contract concerning them for the reasons indicated in paragraph 9 above;
4. rejects the complaint due to its groundlessness.

The Seller shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
In the cases indicated in paragraph 10 items 1-2 above, the Seller shall, at its own expense, bring the Goods into conformity with the Contract relating to them within a reasonable time from receipt of the complaint and without undue inconvenience to the Buyer, taking into account the specifics of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into conformity with the Contract shall be indicated by the Seller in its response to the complaint.
The Buyer provides the Seller with the Goods subject to repair or replacement. The Seller collects the Goods from the Buyer at his own expense.
The Buyer is not obliged to pay for the ordinary use of the Goods, which were subsequently replaced.
In the event of disclosure of Non-Conformity, the Buyer may submit to the Seller a statement on price reduction or withdrawal from the Contract when:

1. the Seller has refused to bring the Goods into conformity with the Contract concerning them for the reasons indicated in paragraph 9 above;
2. The Seller has failed to bring the Goods into conformity with the Contract concerning them in accordance with paragraphs 13-14 above;
3. The non-conformity persists even though the Seller has attempted to bring the Goods into conformity with the Contract relating to them;
4. The Non-Conformity is so significant that it justifies withdrawal from the Contract relating to the Goods without prior request from the Seller to bring the Goods into conformity with the Contract relating to them;
5. It is clear from the Seller’s statement or circumstances that the Seller will not bring the Goods into conformity with the Contract relating to them within a reasonable time or without undue inconvenience to the Buyer.

A statement of price reduction or withdrawal from the Contract shall be submitted by e-mail to the address specified in § 1.4.1 of the Terms & Conditions.
The statement of price reduction or withdrawal from the Contract should include:

1. name and surname of the Client;
2. e-mail address;
3. Order number;
4. date of delivery of the Goods;
5. description of the revealed Non-Conformity;
6. an indication of the reason for submitting the declaration, selected from among the reasons indicated in sec. 15 above;
7. a statement on reduction of the price of the Goods, with an indication of the reduced price of the Goods, or a statement of withdrawal from the Contract.

The reduced price must be in such proportion to the price resulting from the Contract , in which the value of the Goods that are inconsistent with the Contract remains to the value of the Goods that are compliant with the Contract. The Seller shall refund to the Buyer the amounts due as a result of exercising the right of price reduction immediately, but no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
The Buyer may not withdraw from the Contract if the Non-Conformity is insignificant.
In the event of withdrawal from the Contract, the Buyer shall immediately return the Goods to the Seller at his expense. Goods should be sent back to the following address:

Cheerful Bambino Joanna Mazik

Hetmańska 14/10,

20-553 Lublin

The Seller shall refund the price of the Goods to the Buyer immediately, but no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. The refund is made using the same payment method used by the Buyer in the original transaction unless the Buyer expressly agrees to a different method of repayment that does not incur any costs for him.

11.

Newsletter Complaints

The provisions of this § 11 apply only to:
1. Customers who are:
  1. Subscribers and
  2. Consumers or Entrepreneurs on the rights of Consumers;
2. Newsletter Delivery Agreements,
3. Non-compliance of the Newsletter with the Newsletter Delivery Agreement.

The Newsletter delivered by the Seller to the Customer must comply with the Newsletter Delivery Agreement for the entire period of its delivery.
The Seller is responsible for Newsletter’s Non-Compliance revealed during its delivery period.
In the event of discrepancies, the Customer may submit a complaint containing a request to bring the Newsletter into compliance with the Agreement on its delivery.
The complaint shall be submitted via e-mail to the address specified in § 1.4.1 of the Terms & Conditions.
The complaint should include:

1. name and surname of the Client;
2. e-mail address;
3. description of the revealed Non-Conformity;
4. request to bring the Newsletter into compliance with the Agreement on its delivery.

The Seller may refuse to bring the Newsletter into compliance with the Agreement, if it is impossible or would require excessive costs for the Seller.
After considering the complaint, the Seller shall provide the Customer with a response to the complaint, in which:

1. accepts the complaint and indicates the planned date of bringing the Newsletter into compliance with the Agreement;
2. rejects the complaint due to its groundlessness;
3. refuses to bring the Newsletter into compliance with the Agreement on its delivery for the reasons indicated in paragraph 7 above.

The Seller shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
If the complaint is accepted, subject to paragraph 10 below, the Seller shall, at its own expense, bring the Newsletter into compliance with the Agreement within a reasonable time from receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Newsletter and the purpose for which it is used. The planned date for bringing the Newsletter into compliance with the Agreement shall be indicated by the Seller in its response to the complaint.
In the event of disclosing a Non-Compliance, the Customer may withdraw from the Agreement when:

1. bringing the Newsletter into conformity with the Agreement for its delivery is impossible or requires excessive costs;
2. The Seller has failed to bring the Newsletter into compliance with the Agreement for its delivery in accordance with paragraph 9 above;
3. The Non-Compliance persists even though the Seller has tried to bring the Newsletter into compliance with the Agreement for its delivery;
4. The Non-Compliance is so significant that it justifies withdrawal from the Newsletter Delivery Agreement without prior request from the Seller to bring the Newsletter into compliance with the Agreement for its delivery;
5. It is clear from the Seller’s statement or circumstances that the Seller will not bring the Newsletter into compliance with the Agreement for its delivery within a reasonable time or without undue inconvenience to the Customer.

Withdrawal from the Newsletter Delivery Agreement takes place by submitting a statement of withdrawal from this Agreement to the Seller by e-mail. After receiving the notice referred to in the preceding sentence, the Seller immediately suspends the delivery of the Newsletter.

12.

Intellectual property of the Seller

All components of the Store, in particular:
1. the name of the Store;
2. the Store’s logo;
3. photographs and descriptions of the Goods;
4. principles of operation of the Store’s website, all its graphic elements, interface, software, source code and databases

– are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000. – Industrial Property Law, the Act of April 16, 1993 on Combating Unfair Competition, and other generally applicable laws, including the laws of the European Union.

Any use of the Seller’s intellectual property without the Seller’s prior express consent is prohibited.

13.

Personal data protection

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: […].

14.

Out-of-court dispute resolution

The provisions of this § 14 apply only to Customers who are Consumers.
The Customer can use out-of-court methods of dealing with complaints and pursuing claims.
Detailed information on the possibility for the Customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of:
District (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
Provincial Inspectorates of Trade Inspection;
The Office of Competition and Consumer Protection
The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

15.

Amendment of the Terms & Conditions

The Seller may amend the Terms & Conditions in the event of:
1. a change in the object of the Seller’s business;
2. commencement of the provision of new services by the Seller, modification of services already provided or discontinuation of their provision;
3. making technical modifications to the Store that require the provisions of the Terms & Conditions to be adapted to them;
4. legal obligation to make changes, including the obligation to adapt the Terms & Conditions to the current state of the law.

Customers shall be informed of changes to the Terms & Conditions by publishing the amended version on the Store’s website at least 7 (seven) days prior to the effective date of the changes. Within the period referred to in the preceding sentence, the amended version of the Terms & Conditions will be sent to Subscribers by e-mail.
Sales Contracts concluded before the effective date of the new Terms & Conditions shall be governed by the provisions of the then-effective Terms & Conditions.
A Subscriber who does not agree to the amended Terms & Conditions may terminate the Newsletter Delivery Agreement with immediate effect until the amended Terms & Conditions effective date. Lack of notice shall be deemed consent to amend the Terms & Conditions.
Termination of the Newsletter Delivery Agreement takes place by submitting to the Seller by the Subscriber a statement of withdrawal from the termination of this Agreement by e-mail. Immediately upon receipt of the statement referred to in the preceding sentence, the Seller shall suspend delivery of the Newsletter

16.

Final Provisions

Part of the Terms & Conditions is Appendix No. 1 – Declaration of withdrawal from the Sales Contract.
The current version of the Terms & Conditions is effective from January 1, 2023.