TERMS AND CONDITIONS OF THE BEDS.EU ONLINE SHOP

I. General provisions

1. These Terms & Conditions set forth the general conditions and rules of the Online shop and the provision of services in electronic form as well as the process of selling though The Beds online shop in the beds.pl domain by the STWD Roman Bilecki company with its registered headquarters at Wiślana 25 street in Bydgoszcz, postal code 85-773.

2. The Service provider can be contacted by means of:

a. electronic mail under the beds@beds.eu address;

b. telephone at the numbers: +48 535 410 808; +48 535 410 810;

c. fax at the number: +48 523 21 66 59.

3. These Terms & Conditions are always available on the http://beds.pl in manner which allows Users to access, open and save by priting or saving onto a storage medium at any time.

II. Definitions

The meaning of the terms used in these Terms & Conditions:

1. Working days - every day from Monday to Friday, excluding public holidays;

2. Client - a natural person who has full legal capacity, a legal person or organizational unit which is not a legal person which is granted legal capacity by specific provisions, which places an Order in the Shop;

3. Civil code - an act from the 23rd of April 1964 (Journal No. 16, item 93, as amended);

4. Account - a part of the Online shop assigned to the Client, who can perform specific actions as part of the Online shop;

5. Terms & Conditions - this document;

6. Registration - one time activity which consists of creating a Client Account and is done by means of a registration form shared by the Seller in the Online shop;

7. Online shop (Shop) - the web page which allows the Client to place Orders among others;

8. Seller - Roman Bilecki who runs commercial operations as the STWD Roman Bilecki Company in Bydgoszcz which is registered in the Central Electronic Register and Information on Economic Activity ran by the Minister of Economy and which address is Wiślana 25 street in Bydgoszcz, postal code 85-773, tax identification number: 554-015-57-66, statistical number (REGON): 090557215;

9. Wares – the products presented in the Online shop which have a description attached to them;

10. Contract of Sale – the contract of sale of Wares according to the Civil Code, concluded between the Seller and the Customer;

11. Services - the services provided by the Seller for the Clients in electronic form according to the act for the 18th of July 2002 on provision of services by electronic means (Journal No. 144, item 1204, as amended);

12. Consumer Rights Directive - an act from the 30th of May 2014 dedicated to consumer rights (Journal 2014, No 827);

13. Act on the provision of electronic services - an act from the 18th of July 2002 regarding the provision of electronic services (Journal No. 144, item 1204, as amended);

14. Order - a declaration of will of the Client which move directly towards a signing of Contract of Sale; it describes specifically the type and number of Wares.

III. Online shop - Terms of Use

1. The Client will be able to use the Online shop if the teleinformatic system used by the Client meets the basic technical requirements specified below:

a. computer with access to the Internet,

b. access to electronic mail,

c. Internet browser: Internet Explorer 11 or newer, Firefox 28.0 or newer, Chrome 32 or newer,

d. turning off cookies and javasctipt in the browser.

2. Usage of the Online shop: every Client activity which allows him or her to review the content of the Shop.

3. The Client is obliged to:

a. not submit nor communicate any content prohibited by law, for example: propagating violence, defamatory or breaching personal rights and other rights of third parties,

b. use the Online shop in way which does not interfere with its functioning, especially by using specific software or devices,

c. refrain from such action as: sending to or placing unsolicited commercial communication (spam) in the Online shop,

d. use the Online shop in way which will not disturbed other Clients of the Seller,

e. use any of the content presented in the Online shop only for their personal use,

f. use the Online shop in accordance to the regulations of the Republic of Poland, terms of this document and the geneal rules of Internet usage.

IV. Services

1. The Seller, via the Online shop, makes it possible to use free Services consisting of:

a. reviewing the information available in the Online shop,

.b. providing an Account in the Online shop,

.c. sharing an interactive form which allows Clients to place an Order in the Shop,

.d. publishing reviews of the Wares from the Shop.

2. The services described in point 1 are provided by the Seller 24 hours a day, 7 days a week.

3. The Contract:

a. for the provision of the service of browsing information available in the Shop in concluded for a fixed time and is dissolved when the Client closes the website of the Online shop,

b. for the provision of the service of running an Account in the Online shop is concluded for an indefinite time and is dissolved when the User submits a request to delete his Account or uses the "Delete account" button,

c. for the provision of sharing an interactive form which allows Clients to place an Order in the Shop is concluded for a fixed time and is dissolved when an Order is placed,

d. for the provision of services which allows the User to post an opinion about the Wares in the Shop is concluded for a fixed time and is dissolved when the opinion is posted.

4. The service for the running of the Account in the Online shop is available after Registration. Registration is performed by filling out and accepting the registration form which can be accessed on of the pages of the Shop.

5. Accepting the Terms & Conditions and providing persnal data marked as required is a prerequisite of Registration.

6. In the Shop the Client is able to post individual and subjective comments related to, among others, the Wares and transaction process. By posting the comment the Client declares that he or she holds all of the rights to that comment, especially any monetary copyright, associated rights and industrial property rights.

7. In order to post the comment the Client may be asked to provide some data, for example the e-mail address.

8. The comments should be formulated in a clear and understandable manner and should not contain content prohibited by law.

9. The comments must not breach any law including the rights of third parties - especially they should be defamatory, violate third party rights and should be constitute unfair competition.

10. The Client posts comments in the Shop of his or her own will. The posted comments are presented in the pages of the Online shop.

11. By posting a comment the Client agrees for a free usage of the comments and its publication by the Seller as well as preparation of compilations of works according to the act on copyright and derivative rights (Journal of Laws of 1994 No. 24, item 83).

12. When the Client breaches the provisions of these Terms & Regulations, the Seller, after unsuccessfully requesting the Client to cease or remove the breaches with a specified deadline, can void the contract for the provision of Services with a termination period of 14 days.

13. The shop may organise additional contents and promotion with their terms presented on the website of the Online shop.

14. The promotions in the Shop cannot be linked unless the Terms of the given promotion states otherwise.

V. Procedure of conclusion of the contract of sale

1. The information about the Wares which is provided in the website of the Shop, especially their descriptions, technical and performance characteristics and prices are an invitation to a contract of sale according to article 71 of the Civil Code.

2. Having an active e-mail account is a prerequisite to placing an Order.

3. Having an active e-mail account and phone number is a prerequisite to placing an Order by phone.

4. Having an active e-mail account is a prerequisite to placing an Order by e-mail.

5. If the Order form is used, Orders may be placed 24 hours a day, 7 days a week. , Phone and e-mail Orders may be placed from Monday to Friday from 7:00 to 15:00.

6. An Order may be placed by:

a. filling out the electronic Order form which consists of Client data required to finalize the Order, specifically: name and surname, place of residence and e-mail address,

b. using Client's personal data which were obtained during a previous registration in the Shop (buying using the Client Account),

c. placing an Order by phone using the phone number provided by the Seller on the website of the Shop and by providing Client data required to finalize the Order, specifically: name and surname, place of residence and e-mail address; the name and number of Wares, form of delivery and payment method,

d. placing an Order by sending an e-mail using the e-mail address provided by the Seller on the website of the Shop and by providing Client data required to finalize the Order, specifically: name and surname, place of residence and e-mail address; the name and number of Wares, form of delivery and payment method.

7. In order to conclude the Contract of sale by means of the Online shop and the Order form provided within, the Client needs to choose the products by performing subsequent technical actions
according to the prompts provided to the Client and the information available on the site.

8. The Client chooses the Wares by adding them to the shopping cart.

9. After the Online shop Client enters all of the required data, a summary of the Order will be displayed in a clear and visible manner. The Summary of the Order will contain information related to:

a. the description of the subject of the contract,

b. the individual and total prices of the ordered products or services along with the tax, delivery costs and any additional costs (when applicable),

c. means of contact with the Seller,

d. chosen method and term of payment,

e. chosen delivery method,

f. time of delivery,

g. Client's contact data,

h. invoice data.

10. In order to send the Order it is required for the Client to accept the content of the Terms & Conditions and confirm the understanding of the information related to withdrawing from the contract, provide personal data marked as required and press the "Zamówienie z obowiązkiem zapłaty" (Order with obligation to pay) button.

11. An Order sent by the Client is considered an offer for the Seller to enter a contract of sale of the Wares which are the subject of the Order.

12. After the Order is placed, the client will receive an e-mail confirmation of the Order (with a unique Order number) which will contain a final confirmation of all the key items of the Order.

13. Next the Seller will send to the e-mail address provided by the Client a confirmation of the Order being placed and this will constitute the Seller's acceptance of the offer referred to in point 12 above.

14. In order to place an Order Clients placing an Order in the Shop by phone or by electronic mail should:

a. provide by phone or an e-mail sent to the Seller the name of the Wares available on the website of the Shop and their number,

b. choose the form of delivery and method of payment from those available on the website of the Shop,

c provide data required to finalize the Order, specifically: name and surname, place of residence and e-mail address.

15. Information about the total value of the Order is given orally by the Seller each time after the whole Order is prepared and after the Client choose the form of delivery and payment method or it is given by means of e-mail. In the case the Client is a consumer according to article 22[1] of the Civil Code, the Seller provides confirmation of the terms of the placed order each time an Order is placed by phone or e-mail. This confirmation will contain:

a. the description of the subject of the contract,

b. the individual and total prices of the ordered products or services along with the tax, delivery costs and any additional costs (when applicable),

c. means of contact with the Seller,

d. chosen method and term of payment,

e. chosen delivery method,

f. time of delivery,

g. Client's contact data,

h. invoice data,

i. the terms and conditions,

j. information about the right of withdrawal from the contract and its template..

16. The Contract is concluded then the Client (as a response to the confirmation of the terms of the Order sent by the Seller) send an e-mail to the e-mail address of the Seller in which the Client: accepts the contents of the send Order and agrees for it to be finalized as well as accepts the Terms & conditions and confirms understanding of the information related to withdrawing from the contract.

17. Recording, securing, making available and confirming essential Contract of Sale clauses shall be effected by sending them by e-mail to the e-mail addres given by the Client and by attaching a paper confirmation, technical data of the Order and a VAT invoice to the package containing the Wares.

18. The Sale is concluded in Polish and it content according to the Terms & conditions.

VI. Delivery

1. The Delivery of Wares is limited to the European Union and is done to the address provided by the Client during placing an Order.

2. The Client can choose the follwing forms of delivery of Wares:

a. delivery including bringing packages to the client's flat / house (without assembly and setting of furniture in the customer's apartment / house)

b. own transport by the Seller;

c. personal pick-up at the Seller's pick-up point;

3. Additional delivery costs shall be identified during Order placing.

4. The delivery is performed immediately but not later than 30 days from the date of conclusion of the contract and in the case of Wares produced individually for the Client in 3 to 8 weeks.

5. The Seller is liable for the defects in sold goods according to the provisions of the Civil Code, especially article 556 and 5561-5565.

VII. Prices and methods of payment

1. The prices of the Wares are given in Polish Zloty and contain all components, including VAT tax and duties.

2. The Client can choose the following payment methods:

a. 100% bank transfer to the Seller's bank account (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer, and the shipment will be made on the date indicated and confirmed by e-mail);

b. 100% electronic payment (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent's system about the payment made by the Customer, and the shipment will be made immediately after completing the Order).

c. 100% payment card (in this case, the implementation of the Order will be started after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives the confirmation of the Order, and the shipment will be made on the date indicated and confirmed by e-mail).

d. 30% advance bank transfer to the Seller's bank account + 70% to the Seller's bank account indicated by The Beds Logistics Department at least 5 days before the delivery date (in this case, the Order will be processed after the Seller sends the confirmation of the Order acceptance to the Customer, and the shipment will be made on the date indicated and confirmed by e-mail);

VIII. Withdrawal from contract

1. A Client who is a consumer according to article 22[1] of the Civil Code can withdraw from a contract without providing a reason by sending a proper statement in 14 days. To comply with this deadline it is enough to send a statement before its expiry.

2. The Client may formulate the statement on his/her own or use the template contract withdrawal form which Attachment no 1 to the Terms & conditions.

3. The 14-day term begins when the Wares are delivered or in the case of a Contract of services, on the day it is concluded.

4. When the Seller receives the statement of withdrawal from the consumer, he sends a confirmation that the statement was received to the e-mail address of the consumer

5. The right to withdrawal from contract is waived in the case of:

a. the provision of services, if the Seller has fully completed the service with the express consent of the customer who has been informed prior to the execution of the service that after the Seller completes the service, he loses his right to withdraw from the contract;

b. a contract for which the subject is non-standard product manufactured according to the consumer's specifications or used to meet his individual needs;

c. a contract in which the subject of the contract is a product delivered in a sealed package, which cannot be returned after opening the package for health protection or hygiene reasons, if the packaging has been opened after the delivery;

d. a contract in which the customer has expressly demanded that the Seller should come to him in order to make an urgent repair or maintenance (if the Seller provides other additional services, the execution of which the customer has demanded, or provides things other than spare parts necessary for the repair or maintenance, the customer is entitled to the right of withdrawal from the contract for these services and Wares);

e. a contract concluded by public auction.

6. In the case of withdrawal from a contract concluded remotely, the contract is considered not concluded. What was rendered is returned in a non-changed state unless the change was necessary within the framework of ordinary handling, especially to confirm the characteristics and functioning of the product. The return should happen immediately, not later than in 14 days. The bought Wares must be returned to the Seller's address.

7. The Seller must immediately (but not later than in 14 days for the day when the withdrawal from contract statement is received) return all payments made by the consumer to the consumer, including the cost of delivery. The Seller returns the payment using the same method of payment that the consumer used, unless the consumer agrees for a different form of return with the provision that this does not incur any cost for the consumer. The Seller may withold the return of the payments received from the Client until he received the product or a confirmation the the product was sent, depending on which of these options happens first, unless the Seller proposed the he will pick up the product from the Client by himself.

8. If the consumer chose a mean of delivery of the Wares other than the cheapest one offered by the Seller, the Seller is not obliged to return the additional costs of delivery.

9. The Client bears only the direct the cost of the Wares unless the Seller decides to bear them.

IX. Complaints for Wares

1. The Seller is liable to the Client (this also included the Client who is a consumer according to article 22[1] of the Civil Code) under warranty for the defects according to the rules set forth in articles 556-576 of the Civil Code.

2. Complaints based on a breach of Client rights guaranteed by laws or on these Terms & conditions should be directed to the STWD Roman Bilecki, Wiślana 25 street, 85-773 Bydgoszcz, using the contact form available on the beds.pl website by using the REKLAMACJE (complaints) subject or by e-mail: beds@beds.pl

3. For the complaint to be assessed the Client needs to send the Ware which is the subject of the complaint, attaching a proof of sale if possible. The Wares should be delivered or sent to the address given in point 2 above.

4. The Seller obliges to assess each complaint withing 14 days.

5. If the complaint is not complete, the Seller will call on the Client to fill in the missing data immediately but not later than in 7 days from when the Client received the request. The Seller refunds the costs of delivery to the Client.

6. The Seller is not the producer of the Wales. The producer is liable under guarantee for the sold Wares under the terms of the Terms & conditions and for the period of time specified in the warranty card. If the warranty document makes provision for such a possibility, the Client may claim his or her warranty rights directly in the authorized service facility, the address of which is given in the warranty card.

X. Complaints for services rendered electronically

1. The Client can make complaints to Seller in relation to the functioning of the Shop and using its Services. The complaints may be sent in written form to the address: STWD Roman Bilecki, Wiślana 25 street, 85-773 Bydgoszcz, or to the e-mail address: beds@beds.pl.

2. In the complaint the Client should provide his name and surname, correspondence address and the type and description of the problem.

3. The Seller is obliged to assess each complaint in 14 days and if this is impossible to inform the Client about when the complaint will be assessed. If the complaint is not complete, the Seller will call on the Client to fill in the missing data in 7 days from when the Client received the request.

XI. Out-of-court settling of complaints and redressing

1. The Client who is a consumer has the following (among others) possibilities of out-of-court settling of complaints and redressing:

a. has the right to contact the Permanent Consumer Arbitration Court of the Commercial Inspection (IH) with a request for the settling of a dispute resulting from the Contract of Sale.

b. has the right to address the voidoship's Commercial Inspection inspector with a request to initiate mediation proceedings for a amicable resolution of the dispute between the Client and the Seller.

c. may receive free help in regards to a solution of the dispute between the Client and the Seller using the free help of the local consumers’ ombudsman or social organization which as consumer protection as one of its statutory tasks (for example: Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). The Federacja Konsumentów organization gives advice at the free consumer hotline (800 007 707) and the Stowarzyszenie Konsumentów Polskich gives advice at the porady@dlakonsumentow.pl email address.

XII. Final provisions

1. The resolutions of any disputes between the Seller and Client who is a consumer according to article 22[1] of the Civil Code shall be referred to the competent court of law in accordance with the appropriate provisions of the Code of Civil Procedure.

2. The resolutions of any disputes between the Seller and Client who is not a consumer according to article 22[1] of the Civil Code shall be referred to the competent court of law depending on the seat of the Seller.

3. All issues which are not provided for in these Terms & conditions shall be determined by the provisions of the Civil Code, act on provision of services by electronic means, consumer rights acr and other appropriate provision of Polish law.

4. The content of these Terms & conditions may undergo changes. The Client shall be informed about any changes by means of a notification on the main page of the Shop which will contain a summary of the changes and the date of them entering into force. Clients who have Client Account will additionally be informed about the changes along with a summary being sent to the given email address. The term for the changes entering into force will not be shorter than 14 days from the day of their publication. If a Client who has a Client Account does not accept the new Terms & regulations he or she must inform the Seller in 14 days from receiving the notification about the changes. Not accepting means a termination of the contract.