TERMS AND CONDITIONS

§1 GENERAL PROVISIONS

1.1. The owner of the online store operating at the Internet address of  www.luxurysweetdreams.com (hereinafter: the Website) is: Amidown Dawid Mielczarski, Szyszyńskie Holendry 308, 62-561 Ślesin, PolandTax ID No. (NIP) 665-263-53-54, Statistical No. (REGON) 302425536,

hereinafter: the Service Provider.

1.2. Through the Website, the Service Provider operates an online store (hereinafter: the ‘Store’), where it offers the sale of goods and the provision of services electronicallyThe rules of using the Store are set out in these Terms and Conditions (hereinafter: the ‘Terms and Conditions‘). With regard to services provided by electronic means, the Terms and Conditions are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2013, item 1422, as amended).

1.3. The Store is an Internet service through which the Service Provider sells goods over the Internet.

1.4. The buyer of goods offered in the Store is a natural person, a legal person or an organizational unit without legal personality, but having the capacity to perform legal actions, who, under the terms of these Terms and Conditions, registers or has registered in the online Store (hereinafter: the Customer).

1.5. A Customer who is a natural person placing Order at the Store not directly related to his or her business or professional activity is hereinafter referred to in the Terms and Conditions as the ‘Consumer‘.

1.6. Viewing the content of the Website does not require any data, in particular the creation of an account on the Website.

1.7.  The Service Provider can be contacted by phone at +48 667 887 227 on working days from Monday to Friday between 9 a.m. and 4 p.m., and via email address of office@amidown.eu. Price for phone connection according to the operator’s rates, whose services the caller is using, as for mobile phone calls to Plus network.

1.8. The use of the online Store by the User is possible provided that the User’s ICT system meets the following minimum technical requirements: a. Internet Explorer version 7.0 or higher with support for ActiveX, JavaScript and cookies; or b. Mozilla Firefox version 3.0 or later with Java, JavaScript and cookies enabled; c. Minimum screen resolution: 1024×768 pixels.

1.9. The user using the online Store is obliged to observe the Terms and Conditions.

2. GENERAL CONDITIONS OF SALE

2.1. The sale of goods by the Store takes place by concluding a sales contract via the Internet. A sales contract is concluded by placing an order by the Customer by filling in the relevant items in the order form available in the Store’s Website.

2.2. The subject of the sales contract may be goods presented in the Website and offered in the Store at the time of the order.

2.3. The prices of products offered by the Store are gross prices and include VAT. The prices do not include shipping costs, which are indicated at the time of order placement.

2.4. Orders placed by Consumers are realized according to the prices valid on the day of placing an Order, shown at the photo or description of the goods. Prices of goods are retail prices and include all taxes. The prices are in Polish złoty.

3. ACCOUNT REGISTRATION IN THE WEBSITE

3.1. Placing Orders is also possible without prior registration of an account in the Website.

3.2. Registration of the account by the user consists in providing the following information in the registration form available in the Website: login and email address and password, data necessary for the execution of subsequent Orders, acceptance of the Terms and Conditions and execution of the ‘Register’ button. The condition for registration is acceptance of the Terms and Conditions and consent to the processing of personal data following the provisions described in the Terms and Conditions.

3.3. As a result of the registration, the user is assigned with an account, which enables the identification of actions taken by the user through the Website, including placing orders in the Store.

3.4. Access to the account is possible after entering the login and password assigned to the account. The password must be kept secret and protected from unauthorized access by third parties.

3.5. The Service Provider provides the possibility of removing the account at any time by sending an appropriate request to the address of the Service Provider: office@amidown.eu. Removal of the account does not affect the performance of submitted Orders confirmed by the Service Provider (a contract was concluded, which does not void the Consumer’s right to withdraw from the contract under the terms described in the Terms and Conditions).

3.6. The account service in the Website is provided by the Service Provider free of charge.

3.7. The Service Provider may temporarily suspend access to the account, or terminate access to the account with one week’s notice (informing the interested person/entity via email) if it is found that the account has been used in a manner inconsistent with the Terms and Conditions or its purpose.

4. PROCESSING AND DISPATCH OF ORDERS

4.1. If the Customer does not pay within 5 working days, orders are cancelled and the Customer will be notified of this fact via email.

4.2. The execution of the Order begins:

  1. a) in the case of Orders due via bank transfer, after the funds are credited to the Service Provider’s bank account,
  2. b) in the case of online payment via PayPal — at the moment when the Customer receives an automatic email with information about accepting the payment.

4.3. Once all the goods ordered by the Customer are completed and ready to be shipped, an email is sent it confirmation of the Order’s completion. The Customer will receive the last message informing about the status of the Order when the Order is sent to the Customer.

4.4. Orders are delivered to the customer via courier service or Polish national postal service of Poczta Polska.

4.5. Changes in Orders, cancellation of Orders under the conditions described in the Terms and Conditions are possible by contacting the Store at office@amidown.eu

4.6. The Customer may withdraw the Order by sending an email to office@amidown.eu. The Customer cannot cancel an Order that has already been sent. When sending a request for cancellation of an Order, the Customer should provide data that enable unambiguous identification of the Order, e.g. order number.

4.7. In the case of cancellation of the Order in a situation where the Customer has already paid for the Order, the Service Provider shall reimburse the Customer for the amount paid within 3 working days of receipt of information about the cancellation.

4.8. It is recommended that the Customer, when receiving the package, check its condition, and in case of damage or shortage of the content of the package — write a protocol of courier service damage. The courier service provider should have an appropriate protocol template. This is best done when you pick up the shipment. If you find any damage to the contents of the parcel after the courier service provider leaves, you should contact the courier company immediately (the phone is on the waybill) and request the courier service provider to return to fill in the protocol.

5. PAYMENT METHODS

5.1. When making a payment you can use, among others, the following payment methods:

– prepayment via bank transfer,

– payment by credit card (VISA, Master Card),

– electronic payment instruments offered by third parties (e.g. PayPal).

6. TERMS OF COMPLAINTS

6.1. Complaints should be submitted in writing to the address of the Service Provider. When lodging a complaint, the claimed goods should be delivered to the Service Provider together with a proof of purchase and a completed complaint (description of complaint, scope of complaint) to the address: Amidown Dawid Mielczarski, Szyszyńskie Holendry 308, 62-561 Ślesin, Poland. When lodging a complaint, the Customer may use the complaint template provided under the LUXURYSWEETDREAMS complaints tab.

6.2. The Service Provider shall consider the complaint within 14 days from the date of submission of the complaint and notify the Customer of the resolution of the complaint.

6.3. If, as a result of accepting the complaint, the goods have been repaired or the complaint is rejected as unfounded, the Seller will immediately return the goods to the courier company or the Polish national postal service Poczta Polska, to the address of the Claimant as stated in this notification, unless another form of handover of the goods is agreed upon. If the Seller, at the Claimant’s request, has lowered the price of the claimed goods or is to reimburse the price of the goods, the claim on such a basis shall be realized by the Seller, using the same method of payment as used by the Customer, unless the Claimant has expressly agreed to another method of reimbursement, which does not involve any costs for the Claimant.

6.4. The Seller shall inform the Consumer about the possibility of using out-of-court means of processing complaints and asserting claims, among others, through the ODR Internet platform available in http://ec.europa.eu/consumers/odr website.

7. RETURN OF PRODUCTS

7.1. You can return the Goods within 14 days of receipt. The returned Goods should be in unchanged condition, unless the change was necessary to determine the nature, characteristics and functioning of the Goods and did not exceed the usual use of the Goods. The Buyer should return the Goods in such quantity and quality composition as received (subject to the restriction in the previous sentence). It is necessary to ensure that the Goods are safely packed in a plastic film and cardboard to avoid the risk of damage during transport.

7.2. If, after receiving the Goods, the customer finds defects in them, (s)he should send them back by postal matter to the address of the Store.

7.3. The Store does not accept COD shipments.

7.4. The basis for accepting the return is to attach a sales document. Additionally, please provide the bank account number to which the refund amount is to be transferred.

7.5. After receiving the Goods we return their value to the indicated bank account within 3 working days. It is possible to exchange Goods for another product in the Store’s offer by prior arrangement. In the case of a refund for the Goods purchased under COD terms, the LUXURYSWEETDREAMS shop will refund within 10 days.

7.6. When withdrawing from the contract, the Customer may use the template declaration of withdrawal from the contract, which is attached to these Terms and Conditions and available under the ‘Statement on withdrawal from a contract concluded remotely or off-premises‘ tab in the Website of the online Store.

7.7. In the case of withdrawal from the contract for the provision of Services, the contract is considered not concluded.

8. PERSONAL DATA PROTECTION

8.1. The Administrator of Customers’ personal data, pursuant to the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2014, item 1182 as amended) (hereinafter: ‘Personal Data Protection Act’) is the Service Provider.

8.2. When registering in the online Store, the user provides own personal data voluntarily.

8.3. The Service Provider processes the Customers’ personal data in order to execute Orders with the consent of Customers.

8.4. The submission of personal data by the Customer is voluntary, but necessary to place an Order and possibly conclude and perform a Sales Agreement.

8.5. The Service Provider does not share the Customers’ personal data with third parties.

8.6. The Service Provider processes Customer’s personal data for marketing purposes only with Customer’s consent.

8.7. The Customer has the right to supplement, update, rectify, demand that his personal data processed by the Service Provider be discontinued or deleted if they are incomplete, outdated, untrue, or have been collected by the Service Provider in violation of the Act, or are no longer necessary for the purpose for which they were collected.

8.8. The User may consent, by accepting the relevant clause, and sign in for the Newsletter and other commercial information within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422).

8.9. The User may sign out of the Newsletter and other commercial information at any time.

8.10. All reports concerning the User’s personal data should be submitted directly by the User by logging into the Account and updating the data provided therein, or by sending an appropriate request to an email address of office@amidown.eu.

9. FINAL PROVISIONS

9.1. In matters not regulated by these Terms and Conditions, the provisions of the Polish law shall apply, in particular the Act of 24 June 2014 on Consumer Rights (Journal of Laws of 2014, item 827), the Act of 23 April 1964, Civil Code (Journal of Laws of 2014, item 121 as amended).

9.2. All names of Goods offered for sale by the Shop are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act, Copyright and Related Rights Act.

9.3. It is prohibited to use any materials published in the Store’s Website (including photographs and descriptions of Goods) without the Store’s written consent.

9.4. These Terms and Conditions apply to Orders placed after 20 September 2016.

9.5. The Customer declares that the data provided to the Service Provider, in particular personal and company data, delivery and correspondence addresses, are true and complete. In the event of a change in data, the Customer is obliged to notify the Store of this fact by updating the data in the account established as part of the Registration process.