Disclaimer

§ 1 Preliminary Provisions

  1. Online store theoneahead.pl, available here: theoneahead.pl/en/shop/,
    is run by Barry van der Biezen who is running a business under the company MeoModo DWS Barry van der Biezen entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 616-152-06-82, REGON 020633132
  2. These regulations are addressed to Consumers and specify the rules and procedure for concluding a Distance Sales Agreement with the Consumer through the Store.

§ 2 Definitions

  1. Consumer – a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity. 
  2. Seller – a natural person running a business under the company MeoModo DWS Barry van der Biezen entered in the Central Register and Information on Economic Activity (CEIDG) kept by the minister competent for economy, NIP 616-152-06-82, REGON 020633132
  3. Customer – any entity making purchases through the Store
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, whose separate law grants legal capacity, carrying out on their own behalf a business activity that uses the Store
  5. Store – an online store run by the Seller at theoneahead.pl internet address
  6. Distance contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations – these Regulations of the Store
  8. Order – the Customer’s declaration of intent made using the Order Form and aiming directly at the conclusion of the Product Sales Agreement or Products with the Seller.
  9. Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  10. Basket– an element of the Store’s software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
  11. Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  12. Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3 Contact

  1. Address: Wola Augustowska 26, 59-630 Mirsk
  2. Address e-mail: info@theoneahead.pl
  3. The Customer may communicate with the Seller using the address and e-mail address provided in this paragraph.

§ 4 Technical requirements

  1. To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
    a. device with access to the Internet and a web browser such as Chrome, Firefox, Edge, Safari
    b. active e-mail account (e-mail),
    c. cookies enabled.

§ 5 General information

  1. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer’s technical infrastructure.
  2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal and address data enabling the Order to be carried out.
  3. The prices given in the Store are given in Polish zlotys and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including fees for transport, delivery and postal services), about which the Customer is informed on the Store’s pages when placing the Order, including when he wishes to be bound Sales agreement.
  5. If the nature of the subject of the Agreement does not allow, reasonably judging, to calculate the amount of the final price in advance, information on the manner in which the price will be calculated, as well as about charges for transport, delivery, postal services and other costs will be given in the Store in the Product description

§6 Order submission rules

If you want to place an Order:

  1. Select the Product being the subject of the Order, and then click the “Add to basket” button (or equivalent); however, if you want to buy several products, this operation should be repeated for each of the selected products
  2. After completing the product selection process, go to the basket and then
  3. Complete the Order Form by entering the recipient’s details and:
    a. Choose the type of shipment (method of delivery of the Product) to the address to which the Product is to be delivered, in the case of an order with delivery.
    b. E-mail address if the subject of the order is mp3 album in the form of a file.
  4. Ordered object
  5. Click “Order and pay”
  6. Choose one of the available payment methods and depending on the method of payment, pay for the order within a specified period, subject to § 8 point 3.

§7 Offered delivery and payment methods

  1. The ordered product is delivered by post or a digital download.
  2. The Customer is obliged to pay the price for the product ordered in the Store, including delivery costs, no later than at the time of concluding the contract with the Seller.
  3. The customer can use the following payment methods:
    a. Online transfer supported by Przelewy24 – a website operated by PayPro S.A. a national payment institution entered in the register of payment services under number IP24 / 2014. The transfer is booked within several minutes, after which the order is sent for realisation.
    b. Payment by payment card,
  4. The delivery time for the products is no more than 7 business days from the date of the contract. The deadline for receiving the shipment is each time the order is completed, plus the delivery time. In the event of delays, the customer will be informed in advance

§ 8 Implementation of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending the Customer an appropriate e-mail to the Customer’s e-mail address provided when placing the Order, which contains at least the Seller’s statement about the receipt of the Order and its acceptance for implementation and confirmation of the Sale Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
  3. In the case of electronic payments, or payment by card the Customer is obliged to make the payment within 2 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.
  4. If the Customer has chosen a delivery method other than personal pickup, the Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
    a. When ordering Products with different delivery times, the delivery date is the longest given date.
    b. In the case of ordering Products with different delivery times, the Customer may request the delivery of Products in parts or provide all Products after completing the entire order.
  5. The beginning of the period of delivery of the Product to the Customer counts from the date of crediting the bank account
  6. If the Customer chooses to collect the Product personally, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail to the e-mail address provided by the Customer when placing the Order.
  7. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
  8. Personal collection of the Product by the Customer is free.

§ 9 Right to withdraw from the contract

  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The time limit specified in para. 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
  3. In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the deadline specified in paragraph 1 runs from the delivery of the last item, batch or part.
  4. In the case of an Agreement which involves the regular delivery of Products for a limited period (subscription), the deadline indicated in paragraph 1 runs from taking possession of the first item.
  5. The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the seller. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
  6. The statement may be sent by traditional mail, or by electronic means by sending the statement to the Seller’s e-mail address, the contact details of the Seller have been specified in § 3.
  7. Returning the product in physical form is only possible if it is originally foiled and has no traces of use
  8. Effects of withdrawal from the Agreement:
    a. In the event of withdrawal from a Distance Contract, the Contract is considered null and void.
    b. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, all payments made by him, including the costs of delivery, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest usual delivery method offered by the Seller.
    c. The seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer has expressly agreed to another solution that will not involve any costs for him.
    d. The Seller may withhold reimbursement until receipt of the Product back or until proof of its return is provided to him, whichever occurs first.
    e. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
    f. The consumer bears the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by ordinary mail.
    g. The consumer is only responsible for the decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  9. The right to withdraw from the contract is not entitled to the Consumer in relation to the contract (pursuant to Article 38 of the Act of 30 May 2014 on consumer rights):
    a. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;
    b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
    c. in which the subject of the service are sound or visual recordings delivered in a sealed package, if the package was opened after delivery;
    d. for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

§ 10 Complaints and warranty

  1. The Sale Agreement covers new Products.
  2. The seller is obliged to provide the customer with a product free from defects.
  3. Complaints under the warranty can be made via e-mail by sending an e-mail to: info@theoneahead.pl
  4. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
  5. It is recommended that the complaint include a brief description of the defect, circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
  6. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
  7. The customer has the right to request a price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the customer replaces the defective product with a product free from defects or removes the defect.
  8. The seller considers the complaint under the warranty within 14 days from the date of its receipt in the correct form. If, within 14 days, the Seller fails to respond to the Customer’s requests, it means that they considered the requests to be justified. In each of the above cases, when the implementation of the Customer’s requests involves the deliv
  9. The method and volume of the reproduction of music from the Album by the user is at his own responsibilty. The seller is not liable for material damage or users’ health.

§ 11 Out-of-court complaint consideration and redress methods

  1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Inspection Handlowa and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of options for using out-of-court complaint handling and redress:
    a. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
    b. The consumer is entitled to turn to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
    c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).

§ 12 Personal data in the Online Store

  1. The administrator of personal data of Customers collected through the Online Store is the Seller.
  2. Customers’ personal data collected by the administrator via the Online Store are collected only for the purpose of implementing the Sales Agreement.
  3. The recipients of personal data of the Online Store customers may be:
    a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or intermediary performing the shipment at the request of the Administrator.
    b. In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the Customer’s collected personal data to the selected entity operating the above payments in the Online Store.
  4. The Customer has the right to access their data and correct it.
  5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

§ 13  Final provisions

  1. Agreements concluded through the Online Store are concluded in Polish.
  2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about any change at least 7 days in advance.
  3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
  4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: https://ec.europa.eu/consumers/odr/.