Terms of use of the Website (DSA)

The online shop operating under the address cuddlerest.com is operated by FABRYKA PRZYTULNOŚCI SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Marki (Marki municipality) ul. Rysia 61/2 05-270 Marki entered in the National Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw XIV Economic Division of the National Court Register under the KRS number: 0000842191 NIP: 1251705655 REGON: 386094909 share capital: PLN 5000.00 paid in full hereinafter referred to as the “Seller”.

The Vendor has designated an electronic point of contact for direct communication with Member State authorities the Commission the Digital Services Board: shop@cuddlerest.com. The same contact point can be used by any Customer to communicate directly and quickly with the Vendor. The Seller can also be contacted in writing at his address: ul. Rysia 61/2 05-270 Marki. Communication may be conducted in Polish or English.

1 GENERAL PROVISIONS

  1. The following meaning for words is established:
    1. RULES OF PROCEDURE – these Rules of Procedure
    2. CUSTOMER – a natural person, a legal person or an organisational unit without legal personality but with legal capacity who under the terms of these terms and conditions places an Order in the Store
    3. GOOD PRODUCT – a movable item presented in the Store to which the Sales Agreement applies
    4. SALE CONTRACT – a contract of sale of Goods within the meaning of the Civil Code concluded between the Seller and the Customer using the website of the Store
    5. SHOP – internet service available at www.cuddlerest.com through which the Customer may place an Order
    6. ORDER—The customer’s declaration of will specifying unambiguously the type and quantity of Goods aimed directly at concluding the Sales Agreement.
  2. The subject of the Seller’s activity is to sell products currently in the assortment and to enable the Customer to place Orders for the offered products via the website. The use of this service is possible after registration and logging in of the Customer in the Shop or through a correctly filled Order form without the need to log in. The Shop makes it possible to browse the Seller’s range of products on the product pages free of charge.
  3. Sales take place via the Internet between the orderer as buyer and the Seller and are directed exclusively to professional non-consumer entities.
  4. Each Customer purchasing products offered in the Shop is obliged to familiarise himself/herself with the content of these Terms and Conditions.
  5. It is recommended that potential and current clients use the FAQ tab first to improve communication.
  6. The Seller stipulates that the colours of the Goods may slightly differ from those displayed on the website due to the different quality of the monitor used and its ability to display colours. The Seller shall nevertheless endeavour to ensure that the photographs displayed on the website of the Shop are as similar as possible to the actual colours of the Goods.
  7. Slight variations in colour may also occur due to the use of different batches of dyes during production, and the shade may vary due to the natural properties of the material. The above shall not constitute grounds for complaint, and the Seller, for his part, shall always make every effort to ensure that the photographs of the Goods correspond as closely as possible with the actual colours of the Goods.

2 TECHNICAL CONDITIONS FOR PLACING ORDERS

  1. Technical requirements necessary to use the services of the Shop:
    1. Internet connection
    2. a correctly configured browser
      • Samsung Internet version 10 or later with JavaScript and Cookies enabled or
      • Microsoft Edge version 17 or later with ActiveX JavaScript and Cookies enabled or
      • Mozilla Firefox version 70 or higher with JavaScript and Cookies enabled or
      • Opera version 60 or higher with Java applet JavaScript and Cookies enabled or
      • Google Chrome version 70 or later with JavaScript and Cookies enabled or
      • iOS Safari version 12 or later with JavaScript and Cookies enabled.
    3. a currently active and correctly configured e-mail account
    4. a monitor with a resolution of at least 360×640 px for phones 768×1024 px for tablets, and 1366×768 px for computers.
    5. Cookies and JavaScript enabled
    6. a program for reading PDF files.
  2. In the event that the Customer uses hardware or software which does not meet the technical requirements specified above the Shop does not guarantee the correct functioning of the service and reserves that this may have a negative impact on the quality and course of the Order placement procedure.
  3. The Shop does not use automated decision-making as part of its operation. Relatively the Shop may use profiling for direct marketing purposes but the decisions made on its basis by the Seller do not concern the conclusion or refusal of a contract or the possibility of using electronic services. The effect of the use of profiling may be for example to grant a person a discount to send him or her a discount code to send a product proposal that may match the person’s interests or preferences or to offer better conditions compared to a standard offer. Despite the profiling, it is up to the individual to decide freely whether they want to take advantage of the discount or better terms received in this way and make a purchase.
  4. The Seller will make every effort to ensure that the Shop and the services run continuously without any interruptions. Seller will make every effort to remove any possible faults in the Store and services as quickly as possible. The Seller is entitled to introduce possible maintenance breaks.
  5. At the individual request of the Customer the Seller may make available the API functionality of its shop for dropshipping sales which allows the collection and transmission of order data directly to the Shop and their fulfilment by the Shop. In this case the Seller and the Customer will make separate arrangements and settlement.
  6. A Customer may subscribe to the Store’s newsletter i.e. a cyclic dispatch of information about the Store’s products and services. In order to subscribe to a newsletter the Customer enters his or her e-mail address in the newsletter form on the Store’s website at the same time confirming consent to the processing of his or her personal data for this purpose and directing promotional content to the e-mail address provided. Messages sent as part of the newsletter will include information about the possibility of unsubscribing from it as well as a link to unsubscribe. The customer may unsubscribe from the newsletter without giving any reason or incurring any costs at any time by submitting an unsubscribe statement via the Store’s email: shop@cuddlerest.com or by selecting the unsubscribe link in the email delivered with the newsletter.

3 CONTENT SECURITY

  1. It is forbidden for Customers to provide content of an unlawful nature or otherwise not in conformity with the Terms and Conditions. Such content is considered to be among other things content that:
    1. are inconsistent with the subject matter of the Store – contributions should be related to content appearing in the Store i.e. issues related to the products offered and their use;
    2. concern technical issues related to the functioning of the Store – technical issues should be reported by Customers electronically to the Store’s e-mail address;
    3. contain links to other sites or files;
    4. are used to carry out unauthorised advertising, promotional, or marketing activities, in particular by placing advertisements selling and promoting products, services, projects, or collections.
    5. are used to carry out activities prohibited by law, such as attempts to defraud and defraud other customers;
    6. incite or advocate violence against any living creature, including animals;
    7. promote any fascist or other totalitarian state system;
    8. incite or praise hatred or dangerous behaviour;
    9. defame or insult or in any way prejudice the welfare of third parties;
    10. contain vulgarities or other content of an offensive nature;
    11. violate the applicable legal order or good morals in any other way.
  2. In case of violation of the above guidelines, the Seller reserves the right to moderate and remove such content without notifying the posting party. Posting the content indicated above in the Store in any form will result in the consequences provided for in these Terms and Conditions, including even removal of the account from the Store or making it impossible to make purchases there.
  3. A Customer who considers content in the Shop to be illegal or in breach of the Terms and Conditions may send a report to the Seller regarding it. Such a report should be submitted electronically and should contain an indication of the specific content arguments for its removal and data of the reporting party, allowing for its identification. Anonymous appeals will not be considered.
  4. Applications will be processed within 14 days of receipt. The Submitter will receive an acknowledgement of receipt of the notification. The Seller will notify the Customer of its decision by e-mail or in writing.
  5. The Seller’s decision may be to remove the content or leave it in the Shop.
  6. The parties may appeal against the Seller’s decision within 14 days of receiving the reasons for its removal. The decision on the appeal shall be final.

4 REGISTRATION

  1. Registration in the Shop is free but obligatory to gain access to reduced prices and special conditions for placing Orders. The Shop does not allow Orders to be placed without registering and logging into the Shop.
  2. Registration in the Shop is performed on the basis of a correctly filled-in registration form in which the Customer provides the necessary identification data (name, surname) data concerning business activity, Tax Identification Number/PESEL, e-mail address and password, accepted valid Rules and Regulations of the Shop and a declaration on consent to processing personal data to the extent necessary for the proper performance of the Customer’s Orders. A message confirming the creation of an account will be sent to the Customer’s e-mail address provided in the registration form after the Store has verified the registration and the data provided.
  3. The shop will verify the account by checking the information submitted by the Customer, its veracity references, and payment history (if any). After successful verification, the Shop will send the Customer a message confirming registration. Upon receipt of the registration confirmation message, the account agreement between the Customer and the Seller is concluded.
  4. Once registered in the Shop, customers log in using the data provided in the registration form or amended upon a subsequent request by the Customer.
  5. In order to delete the Customer’s account from the Store (termination of the contract), an e-mail message requesting the deletion of the account should be sent to the e-mail address shop@cuddlerest.com with the identification details of the Customer currently registered in the Shop or select the appropriate option in the account settings. The above does not apply to situations in which the Seller is in the process of processing an Order placed by the Customer. In such a case, the effect of termination of the agreement shall take place upon fulfilment of the Order in question.
  6. The Seller may refuse access to the Shop if justified by the Seller’s legitimate interests, especially in the case of:
    1. conduct by the Customers or entities with capital or personal links to their activities contrary to generally applicable laws, these Terms and Conditions or good morals including conducting or advertising activities competitive to the Seller;
    2. the provision of incomplete, incorrect or misleading information by the Customer
    3. obtain information on pending bankruptcy arrangement reorganisation or liquidation proceedings of the Customer
    4. the suspension or closure of the Client’s business activities;
  7. In the case of justified doubts, the Seller may condition the use of the Shop on the presentation of the original or certified copies of the documents referred to above or other documents confirming the Customer’s identification data.
  8. The customer is not allowed to use the accounts of other customers or to cede his account to third parties.
  9. In addition, in the event of a breach of the aforementioned provisions concerning unauthorised access to the Shop the Seller reserves the right to impose a penalty of PLN 1000.00 on such a Customer and to draw any other consequences provided for in these Terms and Conditions including the possibility of claiming damages in excess of the penalty on general principles.

5 ORDERS

  1. Information about the available range in the Shop constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
  2. By placing an Order, the Customer is making an invitation to conclude an agreement for the sale of the ordered Products in the Shop. The process of ordering the Product begins with the confirmation of the features of the provision via the Product Page. The Customer is informed of the expected lead time of the Order, the availability of the Product, the price and methods of payment, as well as possible delivery options. In order to deliver the Product, the Customer is obliged to provide his/her address details or verify them. Before placing the Order, the Customer confirms that he/she has familiarised himself/herself with these Terms and Conditions together with consent to the processing of his/her personal data for the purposes of the Order.
  3. The Seller’s confirmation of acceptance of the Order sent to the e-mail address provided by the Customer constitutes a statement of acceptance of the invitation referred to above. If, prior to the confirmation of the Order, the Customer terminates the use of the service in question and leaves the Shop, the contract will not be concluded. The Order is realised only after confirmation that the payment for the Order has been credited to the Seller’s account on the basis of a VAT invoice sent to the Customer.
  4. In order to place an Order, the Customer is obliged to select the products ordered, the method of delivery, and the delivery address from among the products available in the shop. The selection is made by selecting the product and adding it to the basket.
  5. The Customer may select an unlimited number of Products for the Order from among the quantities of a given Product available for Ordering. When proceeding to the Basket, the customer will receive a summary of the selected Products. If the quantity of Products is limited, the Seller shall indicate such information on the product page.
  6. The Products are delivered to the Customer with the manufacturer’s company designation and the most important information about the Product including the care recipe in English in the form of a sewn-in tag. The Customer has the option to change the tag to his/her own design, which he/she should indicate to the Seller as part of the remarks to the Order and send the ready design of such a tag. The Seller informs that without changing the price of the Goods, it is possible to add to the original tag the text: “made for “Customer brand name”.
  7. In the event that the Products covered by the Order are unavailable in the warehouse at the Seller’s suppliers or for other reasons and it is not possible to fulfil the Customer’s Order, the Seller shall notify the Customer of this fact within 14 (fourteen) days at the latest counting from the date of placing the Order. In such case, the Customer has the right to decide whether it agrees to fulfil the Order within the period proposed by the Seller or whether it withdraws from the contract. If it is not possible to carry out part of the Order as referred to above the Customer is informed of the status of the Order and decides how to carry it out. The Customer has the option to choose between:
    1. Partial fulfilment – the Customer’s selection of this option shall result in the fulfilment of the Order relating to the available Products only;
    2. cancellation of the entire Order (withdrawal).
  8. In the event of withdrawal from the contract, the Seller will refund the price paid to the Customer. Notification will be sent to the e-mail address indicated by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of notification the Order will be cancelled in the part of the Products not available.

6 PRODUCT PRICE AND FORMS OF PAYMENT

  1. The price shown next to each Product is binding when the Customer places an Order. The prices of goods displayed on the Shop’s website are net prices and do not include delivery costs. The price may include an individually calculated discount or rebate granted to the Customer in an automated manner—this information is provided in the summary of the Order. The Seller and the Customer may agree on an individual price level under a separate agreement.
  2. Delivery of the goods is made in the following options offered in the Shop:
    1. via courier service.
    2. via a shipping company.
  3. Information on delivery costs is available in the ordering process prior to placing such an Order.
  4. Delivery costs will be included in the prices of the Products depending on the goods ordered and the Customer’s choice of delivery method when placing the Order.
  5. Product prices can and will change – the current prices are always on the Shop website. In the event of a price list change the Customer will receive an appropriate message to the e-mail address provided by the Customer.
  6. All fees related to administrative and customs charges shall be borne by the customer.
  7. The Seller provides the Customer with the following methods of payment for the Products:
    1. a)Traditional transfer
    2. b)deferred payment by bank transfer on the basis of a VAT invoice (indicating the date of the deferred payment).
  8. Dispatch of the Order shall take place once payment for the Order has been credited at the time specified in the Order Confirmation and accepted in advance by the Customer but no later than within 30 (thirty) days of the conclusion of the contract. The Shop indicates the expected dispatch time of the Order on the product page.
  9. During the course of the cooperation the seller reserves the right to change the payment terms to deferred payment.
  10. If a consignment is returned to the Seller as a result of non-collection of the consignment (regardless of the form of consignment chosen) it will be stored at the Customer’s expense and risk at the Seller’s premises for a period of 14 days. In such a case, the Seller shall request the Customer to collect the Order and indicate the deadline for collection. After the expiry of this deadline, the Seller reserves the right to cancel the contract, dispose of such consignment at the Customer’s expense, and claim the cost of returning the consignment, the cost of storing it, and appropriate compensation. Alternatively, the Seller, at the request of risk and expense of the Customer, may resend the Order to the indicated addresses.

7 COMPLAINTS

  1. If the delivered goods are found to be defective, the Customer may, at his or her discretion, exercise his or her guarantee rights if a guarantee has been granted and his or her warranty rights from the Seller. Guarantee rights and warranty rights are independent of each other.
  2. The Customer is obliged to thoroughly inspect the Goods upon receipt from the carrier. Any defects resulting from the transport of the Goods to the Client must be reported immediately, no later than within 7 days of receipt of the shipment, in order to enable the Seller to file a claim with the carrier. In the absence of such notification, it is assumed that the Goods have been delivered in good condition. The moment the Goods sold are delivered, all the benefits and burdens related to the Goods and the danger related thereto are transferred to the Buyer.
  3. If the delivered product or provided services are found to be defective, the Customer may file a complaint, inform the Seller of the observed irregularities, and document the irregularities to verify the objections. The complaint may be submitted electronically or in writing to the Seller’s address.
  4. The Seller undertakes to consider the complaint within 14 days of its lodging and to inform the Customer of the outcome and further proceedings in writing or by e-mail to the e-mail address provided in the complaint or on any other permanent medium.
  5. If the Product is defective the Customer may request its repair or replacement. The Shop may replace the Product if the Customer has requested its repair or repair it if the Customer has requested its replacement if the method originally chosen by the Customer is impossible or would involve excessive costs.
  6. The seller stipulates that only latent defects arising in production through the fault of the manufacturer may be claimed.
  7. The following are not subject to complaints: natural wear and tear of product parts, mechanical damage, abrasions, cuts, cracks, dirt, discolouration, defects visible at the time of receipt of the Goods, i.e. all defects that are not the fault of the product and damage caused by improper use that is the fault of the Customer.
  8. If the Customer unreasonably reports the need for repair or unreasonable replacement of the Goods, the Customer shall be obliged to cover all costs incurred by the Seller in connection with the actions taken as a result of this report, including transport costs.
  9. The seller shall not be liable for any damage caused by the defect, such as but not limited to loss of income, damage to the company’s reputation, and accidental damage not attributable to the sold item.

8 RIGHT OF WITHDRAWAL

Customers do not have the right to withdraw from the contract without stating a reason within 14 days of receipt.

9 PROTECTION OF PERSONAL DATA

The provisions concerning the protection of Customers’ personal data by the Seller can be found in the Privacy and Cookies Policy posted on the Shop’s website.

10 COPYRIGHT

  1. The Terms and Conditions and all content placed in the Shop, including photos and descriptions, are subject to copyright within the meaning of the Act of 4 February 1994 on Copyright and Related Rights and are protected by law.
  2. The use of the Shop under the Terms and Conditions and the account agreement does not imply the acquisition by the Customer of any intellectual property rights in the Shop and its elements.
  3. In particular it is forbidden to copy, modify or electronically or otherwise transmit the Shop or any part of it without the Seller’s prior written consent; to use the Shop in a manner inconsistent with these Terms and Conditions, the account agreement or generally applicable regulations; to destroy damage delete or alter IT text and graphic data in the Shop or otherwise interfere with its operation; to download the contents of the Shop particularly databases and to reuse them in whole or in part without the Seller’s prior written consent.
  4. If the Customer is found to be in breach of these provisions irrespective of other rights provided for in the Terms and Conditions the Seller shall be entitled to impose a penalty on the Customer in the amount of PLN 5000.00 for each found breach of these provisions. The above does not exclude the possibility of claiming damages exceeding the amount of the reserved penalty.
  5. With regard to product images the Customer has the option of obtaining a licence to use them under a separate agreement with the Seller indicating the places where they will be used (with links). Notwithstanding the above, at any request of the Vendor, the Customer undertakes to remove them immediately and permanently from the indicated place.

11 FINAL PROVISIONS

  1. For each Product sold by the Store a VAT invoice or other settlement document is issued in accordance with applicable tax regulations. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in traditional form together with the delivery of the goods. Acceptance of the Terms and Conditions constitutes at the same time consent to sending invoices in electronic form.
  2. The applicable law is Polish law. Any disputes arising between the Customer and the Seller shall be settled by the court having jurisdiction over the Seller’s registered office. These Terms and Conditions shall be governed by and interpreted in accordance with Polish law.
  3. In the event of any discrepancies between the content of the Terms and Conditions and the provisions of individual service/sales contracts concluded by the Seller and the Customer the provisions of these contracts shall prevail.
  4. The Seller reserves the right to unilaterally amend the Terms and Conditions in the event of the occurrence of:
    • organisational or legal changes of the Seller
    • changes to current laws applicable to the Store
    • changes to the functionality of the Shop with the proviso that the changes to the Terms and Conditions are aimed at adapting the content of the Terms and Conditions to its functionality. The Seller will notify the Customer of each change to the Terms and Conditions in the form of a message displayed after logging in.
  1. Customers will be bound by the provisions of the new Terms and Conditions unless they terminate them within 14 days of being notified of the change to the Terms and Conditions.
  2. If the Customer does not accept the planned changes, he/she will lose access to the services provided by the Portal. No later than 7 days after the date on which he/she objects to the planned changes to the Terms and Conditions, the contract for the provision of services within the Shop, including account maintenance services, will be terminated.