REGULATIONS

online store www.timetobed.pl

 

 

The provisions of these Regulations are applicable to all contracts for the sale of goods and services offered in the online store www.timetobed.pl, concluded by Racks and Rolls Europe a limited liability company sp. K. With headquarters in Stare Kiszewie with clients.

 

The Regulations also define the principles of providing services by the electronic means via the online store www.timetobed.pl to the benefit of users, which include: newsletter service, customer account service and form purchase form and conclusion of the contract.

 

 

Terms used in the text of these Regulations mean:

 

online store - a trading platform operated by the Seller in the Internet domain www.timetobed.pl, presenting current commercial information about goods and services provided by the Seller, enabling the conclusion of sales contracts and for managing purchases and sales processes, and used to promote the Time to brand Bed,

 

Seller - Racks and Rolls Europe limited liability company limited partnership with registered office in Stara Kiszew (83-430), ul. Kościerska 41, registered by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under the number KRS 0000761271; NIP 5911707037; REGON 381971317,

Client - a natural person, legal person, organizational unit referred to in art. 331 of the Civil Code, purchasing goods or services from the Seller, including via an online store,

 

Pages - including the Seller and the Customer who are parties to the sales contract,

 

Consumer - a Customer who is a natural person making a legal transaction with the Seller not directly related to his business or professional activity,

 

user - any natural person, legal person, organizational unit referred to in art. 331 of the Civil Code, using the functionality of the website www.timetobed.pl,

 

Time to bed - a trademark and trademark belonging to the Seller, used in the course of trade to designate the offered goods and services, especially products manufactured by the Seller, subject to legal protection, to which the Seller is entitled to all proprietary copyrights.

 

Regulations - this document; the standard pattern agreed by the Seller, published in electronic form on the website www.timetobed.pl,

working days - days of the week counted excluding public holidays and Saturdays

Contact with the Seller in all matters is possible:

1) electronically - using the contact form available at www.timetobed.pl/kontakt or at the following e-mail address: kontakt@timetobed.pl,

2) by phone - by calling the following telephone number: 0048 575852502 (the cost of the call is standard, according to the rate of the given operator),

3) in writing (by post) - at the registered office: Racks and Rolls Europe sp. Z O.O.

 sp. k., ul. Kościerska 41, 83-430 Stara Kiszewa

 

 

1.Time to bed products

 

1. Goods offered in the online shop by the Seller are new and full-value, subject to item 2. New goods may bear only slight traces of exploitation, the arising of which is associated with storage conditions or short-term use of them to check (test) the product's efficiency before making sales . Products such as: mattresses, quilts, pillows, etc. for health and hygiene reasons are stored and delivered in protective films, and possible testing of the product by the Seller takes place through a protective film.

2. Products covered by promotions, sales, marked as merchandise or second-grade goods or in a similar manner may carry signs of exploitation, damage, contamination or be affected by factory defects that do not affect the safety of their use. These goods will be treated as used goods. The detailed condition of a given product is determined each time by the product description posted on the website of the online store.

3. The producer of frames for beds, supports and other furniture racks made of metal, as well as furniture with the dominant metal elements, marked with the Time to bed brand is the Seller. Other goods (including, but not limited to, mattresses, quilts, pillows, etc.) have been manufactured as part of the activities of other manufacturers and remain in line with the specifications set by these manufacturers. Information on the data of individual producers of goods, the Seller has included in the description of items or provided on the Customer's request.

4. On the individual order of the Customer, the Seller may introduce modifications to the products they manufacture or manufacture another product that complies with the specification provided by the Customer. Products modified or custom-made are non-prefabricated products.

5. Photos and visualizations of products placed in the online store are of a nature only demonstrative, which means that they present an object with properties corresponding to (similar) sold thing, i.e. an example copy.

6. The product dimensions given in the product description (including length, width, height, weight) and other technical parameters may be slightly different from the actual dimensions of a given copy of the product. The Seller informs that the difference between the technical parameters of the product given in the product description and the actual product dimension may be within 2% of the size given in the product description, which will not constitute a defect in the goods.

7. Individual specimens of the same product may also differ in the type of materials used and the technique of manufacture, including the method of painting and color shade, in particular if the copies being compared come from different batches and series of production or have been produced at a different time.

2.Order

 

1. All information about goods and services provided on the website of the online store, in particular their descriptions, technical and performance parameters and prices do not constitute an offer within the meaning of the Civil Code, but an invitation to enter into the contract referred to in Article. 71 of the Civil Code.

2. In order to purchase goods and services presented in the online store, the Customer should:

a) choose the type and quantity of goods or services that it intends to purchase - by adding individual products to the Basket tab (available on the online store's website) and determining their number,

b) complete the "purchase form and conclusion of the contract" (in accordance with the conditions described in Chapter 9 of the Regulations),

c) if you intend to modify or order a product according to individual specifications - contact the Seller to confirm the possibility of introducing certain modifications or product implementation according to individual specifications, as well as to determine the price of such product or the amount of possible surcharge for modifying the product,

d) in the Cart tab - confirm the purchase intention by accepting the order summary by clicking the "Buy and pay" box or describing it in another equivalent way (until the acceptance of the order summary is accepted, the customer can modify the data entered and change the selection of goods and services )

e) make a payment for ordered goods and services.

3. The summary of the order includes in particular: the gross and net price of the purchased goods and services, the amount of VAT due, transport costs and any other services related to the implementation of the Order, which the Customer will be obliged to pay based on the concluded sales contract.

4. If the Customer intends to modify the product or order the product according to individual specifications in accordance with section 4 of the Regulations, the price of the goods and costs related to its production and delivery are determined individually by the Parties, and the summary of the order is sent by the Seller in the form e-mail messages.

5. The Customer's acceptance of the order summary is a declaration of will about the intention to purchase (conclude a contract of sale) goods and services specified in detail in the summary for a fixed price and other costs specified therein, subject to the conditions described in these Regulations.

3.Conclusion of the contract

 

A. Confirmation of the order by the Seller

1. Within 3 business days of the Customer's acceptance of the order summary, the Seller will confirm in the form of an e-mail the possibility of fulfilling the order, taking into account the available inventory and current material resources and production capabilities, or inform the Customer within this period about the impossibility orders.

2. The contract for the sale of goods or services is concluded at the time the Seller confirms the feasibility of completing the order (confirmation of the order).

3. The provisions of points 1 and 2 of this section shall not apply to orders for products modified or ordered according to the Customer's individual specification, if the customer accepts the summary of the order sent to him by the Seller within 7 business days of its receipt - in this case, in the situation described in point 4, chapter 2 of the Regulations, the conclusion of a sales contract comes as soon as the customer accepts the order summary, which is tantamount to confirmation by the Seller of the possibility of completing the order.

 

 B. Payment

1. Immediately after the Seller confirms the possibility of fulfilling the order, the Customer is obliged to pay to the Seller the entire price for the purchased goods and services and incur other costs specified in the summary of the order or determined individually by the Parties.

2. The Customer is obliged to pay all payments for goods or services in advance, by bank transfer to the Seller's bank account. The seller reserves the right to refrain from completing the order until receiving the payment.

3. All prices of goods and services provided by the Seller in the online store are expressed in the following currency: PLN (PLN) or Euro (EU)

4. The Seller does not allow the possibility of shipping goods on delivery.

5. Until the Seller receives the entire payment for the goods, the ordered products remain the sole property of the Seller (reservation of ownership of the item sold).

6. If the Customer fails to make the payment within 7 business days after receiving confirmation from the Seller that the order may be processed, the Seller shall be entitled to withdraw from the sales agreement without calling the Customer to pay and set an additional payment deadline.

7. The payment takes place when the funds are credited to the Seller's bank account.

 

C. Additional provisions

1. The information on the option of installment payment for goods and services or borrowing or consumer credit placed on the online store's website constitutes an advertisement for the offer of entities independent of the Seller.

2. The Seller does not mediate in obtaining loans or consumer credit for the purchase of goods and services, nor does it offer its own installment system enabling customers to install installments for payments for goods and services.

3. After clicking on the advertisements referred to in point 1, the user will be redirected to the website of the entrepreneur indicated in the advertisement, offering loans or consumer credits as part of his business.

4. The Client's attempts to obtain financing for the payment of the order shall not release the Customer from the obligation to immediately pay the remuneration in accordance with the provisions of Section B. of this Chapter of the Regulations.

4.Issue and transport of goods

 

1. The Seller shall issue the goods to the Customer within 28 business days of concluding the contract.

2. The Seller allows customers to collect purchased goods at their registered office, on a business day between 8.00 and 16.00, however, the Parties must arrange for the date of receipt in advance; this date should fall within no more than 28 working days of concluding the contract.

3. In the event that the purchased goods are to be sent by the Seller to the delivery address indicated by the Customer, the Customer has the option of:

a) choosing the carrier yourself - in such a situation the customer is obliged to conclude a transport contract at his own expense and risk, and to organize the collection and transport of the products, including their proper protection for the time of transport; the date of receipt of the item should be determined by the Parties in accordance with the provisions of point 1 .;

b) use the transport provided by the Seller.

4. The Customer should inform the Seller about the intention of choosing the carrier by himself at the stage of placing the order.

5. The Seller provides Customers with paid transport of purchased goods within the territory of the Republic of Poland to the address indicated by the Customer in the purchase form and conclusion of the contract as a "delivery address". The transport will be carried out in such a case according to the free choice of the Seller:

a) with the Seller's own funds either

b) with the help of independent carriers, i.e. entities professionally engaged in the carriage of goods of a given type.

6. Detailed information on the transport costs realized by the Seller, which are charged to the Customer, is always included in the summary of the order.

7. In the case of some categories or individual products, the Seller allows the possibility of offering customers free transport. The free transport service has a promotional character, it may be limited in time or territorial, and its availability at a given moment depends on the Seller's discretion. The resignation by the Seller of the free transport service does not affect the content of previously concluded sales contracts, which include this service, which means that the customer who is a party to such a contract will still be able to use the free transport service.

8. The customer is obliged to inspect the parcel containing the purchased goods and sent to him via the carrier before collecting it; if it determines that during the transport there was a loss or damage to the item, it is obliged to perform all actions necessary to determine the liability of the carrier, moreover, it should immediately notify the Seller.

9. The Seller shall not be liable to the Customer for losses or damage to products which occurred after the goods were handed over to the carrier for delivery to the Customer.

10. If the Customer unreservedly refuses to receive the item sent by the Seller as part of the transport provided by the Seller, he shall be obliged to cover the return shipment costs to the Seller in an amount equal to the costs of transport agreed by the Parties. If the parcel was covered by the free freight transport service offered by the Seller - unfounded refusal to collect the item by the Customer entitles the Seller to charge the Customer with a contractual penalty of PLN 300 (three hundred) for each delivered item. In the event that the amount of damage incurred by the Seller due to ineffective delivery of the items turned out to be higher than the contractual penalty reserved in this point, the Seller shall be entitled to seek compensation from the Customer in full in accordance with general principles.

5. Warranty

 

1. The Seller grants the producer a guarantee for the following Time to bed products, which he is the contractor for: metal bed frames. This warranty covers the durability of the metal structures used, understood as the resistance of the constructed structures to deformation and deformation and durability of the welds and other metal bonds used. The guarantee is not covered by wooden, upholstery and painting, painting and anticorrosive protection of products.

2. The warranty period referred to in item 1 is 5 (five) years and is counted from the date of delivery of the goods to the Customer. The guarantee is valid in the territory of the Republic of Poland.

3. The Seller's liability under the warranty covers only material defects affecting its suitability for the agreed use and resulting from the reason for the items sold. The warranty granted does not include mechanical damage to products or resulting from high temperatures.

4. The warranty granted is valid on the condition that the customer uses the product in a manner consistent with its intended use and corresponding to normal operation, and refrains from making any repairs, modifications or other interventions inside the item sold (in particular drilling, cutting is prohibited) or welding of metal elements of products).

5. In the case of defects referred to in item 3 of this chapter, the customer should immediately notify the defect to the Seller and provide him with the item sold.

6. Reporting a defect by the Customer in order to take advantage of the warranty rights must be made in writing. Entries made without written form are considered ineffective.

7. Delivery of the Seller's item for the purpose of exercising the rights from the guarantee shall take place at the Customer's cost. The Seller reserves the right to refuse to accept the parcel delivered to him with the obligation to pay (eg cash on delivery), and this parcel will not have any legal effects between the Parties.

8. The Seller will consider the Customer's complaint no later than within 30 business days of receiving the item.

9. If a defect covered by the warranty referred to in item 3 of this chapter is found, the Seller, at its option, undertakes to pay the repair cost of the item or to replace it free from defects at its own expense.

10. The remaining products offered in the online store, the contractor of which is not the Seller may be covered by the guarantee provided by their producers. The Customer may take advantage of the guarantee provided by other producers through the Seller, but shall be obliged to cover all expenses of the Seller related to the complaint procedure conducted for him, which the Seller will inform the Customer in detail before initiating this proceeding. Acceptance by the Customer of bearing the indicated expenses is a condition for the Seller to initiate a complaint procedure for his benefit.

11. The warranty granted shall exhaust the Seller's liability to the Customer for defects in the item sold. The customer is not entitled to compensation for non-performance or improper performance of the contract in connection with defects of goods purchased in the online store, except for damage deliberately caused by the Seller (limiting the liability of the Seller). The Customer shall not be entitled to warranty rights for physical defects of the purchased goods (exclusion of the Seller's liability under the warranty).

6.Rights and information for the consumer

 

1. The provisions of this chapter apply to sales transactions concluded by the Seller with consumers.

2. Subject to point 4, the consumer is entitled to withdraw from the sales contract concluded with the Seller via the online store (or otherwise at a distance) within 14 days without giving any reason and without incurring costs, except for direct return and additional costs costs incurred by the consumer in connection with the delivery of the goods referred to below.

3. The period of withdrawal from the contract referred to in point 2 begins with taking possession of the goods by the customer or a third party appointed by him, other than the carrier, and in the case of a contract which: a) includes many items that are delivered separately , batch or in parts - from taking possession of the last thing, party or part, b) relies on regular delivery of things for a limited time - from taking possession of the first thing.

4. The right to withdraw from the contract referred to in point 2 is not available to the consumer in the cases of purchasing goods:

a) non-prefabricated (point 4, chapter 1 of the Regulations),

b) supplied in protective films which, once opened, can not be returned due to health or hygiene reasons, if the packaging has been opened by the consumer after delivery, such as: pillows, mattresses, quilts offered in the online store, etc. .

5. In order to withdraw from the contract, the consumer should submit to the Seller in writing or by e-mail a statement of withdrawal from the contract. The declaration on withdrawal from the contract may be submitted using the form, the template of which is attached as Annex 2 to the Act of 30 May 2014 on consumer rights (available in the Official Journal of 2014, item 827, at the address www.dziennikustaw.gov.pl). To meet the deadline, it is enough to send a statement before its expiry.

6. The consumer who withdraws from the contract is obliged to return the item to the Seller or transfer it to the person authorized by the Seller to receive it immediately, but not later than 14 days from the day on which he withdrawn from the contract. The consumer bears only the direct cost of returning the items.

7. In the event of withdrawal from the contract, the Seller shall return to the Customer all payments made by him, including the cost of transporting the goods (excluding the costs of returning the goods, referred to in item 5 sentence 2 and additional costs referred to in point 7.). The payment shall be returned by the Seller immediately, however not later than within 14 days from the date of receipt of the consumer's statement on withdrawal from the contract. The seller may withhold the reimbursement of payments received from the consumer until receipt of the items back or delivery by the consumer of proof of its return, depending on which event occurs first.

8. If the consumer has chosen the method of delivery of the item other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Seller.

9. The consumer who renounced the contract is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.

10. The Seller does not provide additional after-sales services to Clients.

11. If the quality of the item offered for sale is not specified in detail in the transaction description, in accordance with the law in force - in the case of things marked only to the species - the seller is obliged to provide items of medium quality. The Seller shall exercise due diligence in order to provide items of appropriate quality.

12. The warranty granted in accordance with the provisions of Chapter 4 of the Regulations does not exclude, limit or suspend the rights of the Customer who is a consumer under the provisions of the warranty for defects in the sold goods.

13. In the case of the purchase of second-hand goods from the Seller, the consumer shall be entitled to warranty rights only in the case of defects in items found within one year from the date of delivery of the item.

14. In the event of disputes with the Seller, the consumer has the option of using out-of-court complaint and redress (detailed information on the principles of access to out-of-court dispute resolution procedures is available at www.uokik.gov.pl, in the Consumer dispute settlement tab). If, in accordance with applicable law, the Seller's participation in the amicable dispute resolution procedure is voluntary, the seller reserves the right to refuse to submit to the above-mentioned procedure.

15. Information on the functionality of digital content and applicable technical means of their protection as well as interoperable digital content with computer hardware and software of online store users are included in the Privacy Policy [click to read the content of this document].

16. The following provisions of these Regulations shall not apply to contracts concluded with consumers: point 2. zd. 1 section B of Chapter 3; point 9 of Chapter 4; points 6, 7 and 11 of chapter 5; point 1 of Chapter 11.

7.Complaints

1. All complaints regarding the Seller's activity may be reported by Clients and users of the online store via the available means of contact, i.e. by electronic means, in writing or by phone.

2. Complaints under the warranty for defects in sold goods, as well as other reservations related to non-performance or improper performance of the contract or provision of services by the Seller, including by electronic means, should be formulated by the declarant in writing or other durable medium.

3. The deadline for considering the complaint by the Seller, subject to point 8 of Chapter 5 of the Regulations, is 14 days from the date of notification.

4. If consideration of the complaint will require the Seller to examine the item sold, and the customer will not allow the Seller in the above-mentioned period to investigate this, the Seller reserves the right to reconsider the complaint after allowing him to investigate things.

5. The Customer or the user will be informed in writing about the manner of considering the complaint in writing or in another durable medium, as far as possible in the same way as the notification was made.

8.Customer account

 

1. The seller allows users to create and use a personalized customer account available through the online store. Creating a customer account requires the user to provide an e-mail address, which will be used to verify the account and will then be used as a login to the customer's account.

2. The customer account is a set of data including the history of orders placed by the user in the online store and customer data provided by the user when concluding sales contracts via the online store. By using the customer account, the user has the option of using the previously entered Customer data, which will automatically appear in the field of the new order form.

3. Access to the customer's account is possible after logging in to the online store and requires a login (email address) and password specified by the user when verifying the customer's account.

4. The user has the option to change his password after logging in to the client's account. In the event that the user forgets or loses his password, the Seller allows the user to set a new password. The change and the establishment of a new password require the user's acceptance via the user's e-mail address provided during verification.

5. The password specified by the user should have a unique character. For security reasons, the user should not use the same password to log in to various websites or share it with other people.

6. The password specified by the user will be stored in the Seller's IT system to enable confirmation of password compliance in the process of logging in to the customer's account.

7. The Seller is not responsible for gaining access to the customer's account using the user's login data (e-mail address and password), as well as for changing or setting a new password for the customer's account and for removing the client's account by unauthorized persons, if disclosure or changes to these data, or deletion of the customer's account occurred without the fault of the Seller.

8. The User may at any time delete the customer's account registered, which will result in the loss of all data of that account. Deleting a customer's account requires the user's acceptance via the user's email address provided during verification. A user who loses access to the customer's account or e-mail address provided during the verification may request the Seller to delete the customer's account, contacting the Seller individually for this purpose, the Seller stipulates that the decision to delete the customer's account will then take place after additional verification the identity of the person requesting the deletion of the client's account.

9.Terms of providing services electronically

 

1. As part of the business activity - via the online store and the ICT system used - the Seller provides electronic services to users of the following services:

a) newsletter - consisting of electronic transmission of commercial information about the current offer, promotions and discounts on Time to Bed products or other non-commercial information.

b) customer account - consisting in the collection and sharing of data referred to in point 2 of Chapter 8 of the Regulations,

c) the purchase form and conclusion of the contract - consisting in enabling customers to place orders and purchase goods and services via the online store.

2. The services mentioned in point 1 are provided free of charge. With regard to the "purchase and conclusion of contract" service, this means that the Vendor provides customers free of charge (via e-commerce) via the online store, without releasing the Customer from the obligation to pay the price for the purchased goods or service, and cover other costs specified in detail in the order summary or individually agreed with the Seller.

3. Users' use of the services listed in point 1 is possible:

a) for the newsletter service - by providing and verifying an e-mail address and giving consent to receive commercial and non-commercial information by email,

b) for the customer account service - by registering in the manner discussed in Chapter 8 of the Regulations,

c) for the service of the purchase form and conclusion of the contract - by selecting goods and services available in the online store and filling in to purchase all fields of this form, including - before confirming the purchase - providing such data as: name, surname, PESEL number ( and when this number has not been given - the number of the passport, ID card or other document confirming the identity), address, delivery address, e-mail address and data identifying the entrepreneur (company, NIP, registered address), if the order is placed by the customer as part of your business.

Providing by the user all the data referred to above in this section is necessary due to the nature of individual services. If the indicated data is not disclosed, the Seller reserves that the said services may not be executed for the benefit of the user.

4. The User may resign from providing the Seller with services provided electronically:

a) newsletter - at any time by expressing objections to the further receipt of commercial information or a statement of withdrawal of the granted consent or submission of another equivalent request,

b) customer accounts - at any time by deleting the client's account as described in Chapter 8 of the Regulations,

c) the purchase form and conclusion of the contract - until the purchase is confirmed - by giving up the form.

5. The Seller reserves the right to cease the provision of the above-mentioned services provided electronically at any time and permanently deleting data collected as part of these services, whereby the Seller's decision to cease providing the users with a "purchase form and contract" will not affect in any way the validity and implementation of previously concluded contracts using this form.

6. The Seller is also entitled to deprive or limit the possibility of using by the given user services provided electronically in if the user violates the provisions of these Regulations, use the services provided for purposes incompatible with their intended use or any other action that harms the Seller's goods, in particular in the event of entering by the user untrue, inaccurate, out-of-date, misleading or infringing the rights of third parties.

7. In order to use the services provided by the Seller electronically, the user should have access to the internet and a device connected to this network, with a minimum screen resolution of 800x600 (4: 3) pixels, equipped with software that allows browsing the websites (eg Internet program Explorer version 4.0 or newer, Mozilla version 2.0 or later) with Java support enabled, as well as an e-mail address assigned to the user.

8. It is forbidden for users to provide illegal content via electronic communication channels provided by the Seller, including sexual content, propagating violence, the use of illegal substances, non-ordinary, racist, discriminating against specific ethnic, national or social and sexual minorities, containing vulgar language or harming the good name and honor of other entities, etc.

9. Users of the online store are required to:

a) using the online store in a way that does not interfere with its operation, in particular, not to use software or devices that may adversely affect the functioning of the online store,

b) failure to take actions consisting in sending or placing on the website of an online store or its resources unsolicited commercial information (spam),

c) using the online store in accordance with its intended purpose, generally applicable laws and accepted rules of using the Internet, in a way that is not inconvenient for other users and the Seller.

10. Information on specific threats to users related to the use of services provided by the Seller by electronic means and the function and purpose of data not being a component of the content of these services, entered by the Seller into the ICT system, which is used by the user, including information about cookies were included in the Privacy Policy [click to read the content of this document].

11. Complaints regarding the Seller's provision of electronic services may be reported and will be considered in the mode described in Chapter 7 of these Regulations.

 

 

10.Copyright protection

 

1. All graphic materials presented in the online store, including photos and visualizations of products, trademarks and other elements of visual identification are legally protected works covered by proprietary copyrights enjoyed by the Seller.

2. In particular, unauthorized copying, reproduction, distribution and modification of the materials referred to in item 1 is forbidden, except in the cases of fair use of works specified in the Act dated. February 4, 1994 on copyright and related rights.

 

 

11.Final Provisions

 

1. All disputes that may arise on the background or in connection with the execution of the concluded sales contract shall be settled by the court competent for the registered office of the Seller.

2. If any of the provisions of these Regulations are declared invalid by a court decision to be void or prove ineffective, the remaining provisions shall remain in force.

 

These Regulations are effective from March 1, 2019.

 

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.