ONLINE STORE TERMS AND CONDITIONS
1. Preliminary Provisions
1.1. The online store operated over the Internet at www.cushionsclub.shop is managed by MOODI LLC, located in Zakręt, Górna 21J Street (hereinafter referred to as "CushionsClub"), REGON: 521810780, NIP: 532-209-92-25, KRS 0000966839.
1.2. These Terms and Conditions are directed to Consumers and define the principles and procedure of concluding a Distance Selling Agreement with the Consumer through the Store.
1.3. The Client has the possibility to contact the online store operator in any of the following ways:
- at the CushionsClub E-store address, Widoczna 55a Street, 05-462 Majdan,
- by phone at 570 609 956,
- via email at: info@cushionsclub.shop,
- through the contact form on the online store's website.
§ 2 Definitions
1. Consumer - a natural person who concludes a contract with the Seller within the Store, the object of which is not directly related to their business or professional activity.
2. Seller – MOODI limited liability company, registered under KRS 0000966839, NIP 532-209-92-25, REGON 521810780.
3. Client - 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, to which separate law grants legal capacity, conducting business on its own behalf, which uses the Store.
5. Store - an online store operated by the Seller at the web address www.cushionsclub.shop.
6. Distance Contract - a contract concluded with the Client within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of the contract conclusion.
7. Terms and Conditions - these Terms and Conditions of the Store.
8. Order - the Client's declaration of will submitted via the Order Form and aiming directly at concluding a Product Sale Agreement or Agreements with the Seller.
9. Account - customer account in the Store, where data provided by the Client and information about their Orders in the Store are collected.
10. Registration Form - a form available in the Store, enabling the creation of an Account.
11. Order Form - an interactive form available in the Store allowing placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
12. Cart – a component of the Store's software, where the Products selected by the Client for purchase are visible, and there is the possibility to determine and modify the Order data, in particular the quantity of products.
13. Product - a movable item/service available in the Store which is the subject of the Sales Agreement between the Client and the Seller.
14. Sales Agreement - a Product sales agreement concluded or to be concluded between the Client and the Seller via the online Store. Depending on the Product's characteristics, a Sales Agreement also means - a service contract and a work contract.
§ 3 General Information
3.1. The Seller to the fullest extent permitted by law is not responsible for interruptions, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the Client's technical infrastructure.
3.2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Client for Products within the Store's range is possible either after establishing an Account in accordance with § 6 of the Terms and Conditions or by providing necessary personal and address data enabling the execution of the Order without creating an Account.
3.3. Prices listed in the Store are given in Polish zlotys and are gross prices (including VAT).
3.4. The final (total) amount to be paid by the Client consists of the price for the Product and the cost of delivery (including fees for transport, delivery, and postal services), about which the Client is informed on the Store's pages during the Order placing process, including at the moment of expressing the will to be bound by the Sales Agreement.
4. General Rules for Using the cushionsclub.shop Online Store
4.1. Only persons who have reached the age of 18 may use the online store.
4.2. Persons registering in the online store and making purchases there provide their personal data, which cushionsclub.shop processes according to the principles indicated in the Privacy Policy.
5. Ordering Goods
5.1. Orders are accepted through the website www.cushionsclub.shop.
5.2. Goods in the online store are detailed. The website contains information about the product's properties, price, material it is made of, among others.
5.
3. The client ordering goods selects them appropriately for the item in question.
§ 6 Rules for Placing Orders
To place an Order, one must:
1. log in to the Store (optional);
2. select the Product that is the subject of the Order, and then click the "Add to cart" (or equivalent) button;
3. log in or use the option to place an Order without registration;
4. if the option to place an Order without registration was chosen - fill in the Order Form by entering the recipient's data of the Order and the address where the Product should be delivered, select the type of shipment (method of delivery of the Product), enter invoice data if they are different from the recipient's details,
5. click the “Order and pay” button and confirm the Order by clicking on the link sent in the email,
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. Prices
7.1. Prices on the online store page given in Polish zlotys are gross prices, including VAT.
7.2. The price of the product is increased by the cost of shipment, which depends on the chosen form of delivery and payment.
7.3. The price listed on the page at the time of placing the order is the final price, binding both the Client and the CushionsClub store. After placing the order, the price of the ordered goods will not change, regardless of the changes in prices introduced by CushionsClub, or the start of promotional or sale actions.
7.4. CushionsClub reserves the right to change the prices of goods in the online store, introduce new goods for sale, carry out and cancel promotional campaigns on the store's pages, or make changes in them.
7.5. In the case of an order placed from outside the customs territory of the European Union, the buyer may incur additional costs associated with customs duty, i.e., the obligation to pay import duties by the buyer-consumer, who will also be the importer of the goods.
8. Availability of Ordered Goods
8.1. All goods offered in the online store are available.
8.2. In exceptional situations, e.g., simultaneous orders for the same goods by many clients, the goods may be unavailable. In such a case, the Client will be informed about the impossibility of fulfilling the order as soon as possible.
9. Impossibility of Fulfilling the Order
In the event of the unavailability of the goods in stock or the impossibility of fulfilling the order for another reason, the Client will be informed via email or phone as soon as possible. In particularly justified cases, the CushionsClub store may refuse to conclude a sales agreement to protect its goods.
10. Delivery Method and Order Fulfillment Time
10.1. Deliveries of goods are made only within Poland.
10.2. In the case of choosing "cash on delivery" as the payment method, the order is forwarded for fulfillment immediately after it is placed. In the case of choosing one of the online payment methods, the order is forwarded for fulfillment after the confirmation of payment for the ordered goods.
10.3. If the selected goods are available and the client has chosen delivery to the specified address, the delivery time is from 1 to 7 working days from the day of effectively placing the order unless there are exceptional situations.
10.4. The delivery time may be extended during sales or special actions.
10.5. NOTE: In the case of choosing one of the currently available online payment methods, the fulfillment of the order begins after the receipt of 100% of the payment for the order, and from this moment, the term within which the goods will be delivered to the Client should be counted.
10.6. Deliveries of orders are carried out by a courier company selected by cushionsclub.shop.
11. Payment Methods for the Order
11.1. Cash on delivery: option available for orders delivered to the specified address or to a parcel locker.
11.2. Transfer: online transfers are available using the chosen payment method, i.e., the service of one of CushionsClub's partners. After making a selection, the Client is securely redirected to the chosen payment operator's page. The payment operation is conducted between the Client and the selected payment operator.
11.3. Directly to the account: 70114020040000300282548560
11.4. Credit card: if the Client has a card enabling online payments (to determine whether a particular card meets this condition, one should verify with the bank that issued it), the payment is made via PayPal. The payment operation is conducted between the Client and the card operator.
12. Sales Agreement
12.1. Information placed on the cushionsclub.shop website does not constitute an offer to conclude a contract under the Civil Code provisions, which means, among other things, that CushionsClub may
refuse to conclude a contract in particularly justified cases, especially to protect its goods.
12.2. The agreement is concluded in Polish.
13. Agreement Execution - Term
13.1 Depending on the type of delivery option chosen by the Client or collection at a stationary store, CushionsClub commits to make the goods available to the Client for collection within 7 working days from the correct placement of the order. In case of unavailability of goods or the impossibility of fulfilling the order for another reason, CushionsClub will immediately contact the Client, proposing possible solutions for the situation. Working days are counted from Monday to Friday, excluding statutory holidays.
13.2. In the case of choosing personal collection of the Product by the Client, the Product will be ready for collection by the Client within the period indicated in the Product description. The Client will be additionally informed about the readiness of the Product for collection by the Seller by sending an appropriate email to the Client's email address provided during the Order placement.
13.3. In the case of ordering Products with different readiness for collection times, the time for readiness for collection/shipping is the longest indicated term.
13.4 In the case of ordering Products with different readiness for collection times, the Client has the option to collect Products in parts (according to their readiness for collection) or to collect all Products after completing the entire order.
14. Delivery Cost
14.1. The delivery cost depends on the chosen delivery and payment method and amounts to:
- in the case of personal collection – 0.00 PLN gross;
- in the case of courier shipment and online payment – from 10.00 EUR gross;
15. Withdrawal from the Agreement
15.1. The Client has the right to withdraw from the sales contract without giving any reason (i.e., return the goods).
15.2. The right to withdraw from the contract expires 14 days from the day on which the Client took possession of the goods or on which a third party other than the carrier and indicated by the Client took possession of the goods.
15.3. To exercise the right of withdrawal from the contract, the Client submits an unequivocal statement of withdrawal from the contract in one of the indicated ways:
- by post to: CushionsClub, 05-462 Majdan, Widoczna 55a Street,
- by sending an email to: info@cushionsclub.shop,
- by printing, filling out, and sending the template form for withdrawal from the contract available on the online store's website under the "returns" tab,
- by filling out and sending the online form available in the Client's panel for each order; in case of using this form, the Client receives immediate confirmation that the store has received his statement of withdrawal from the contract.
Note! Each of the ways of sending the statement is permissible, and all are equivalent in terms of effectiveness. CushionsClub only recommends using the online form available in the Client's panel solely for the ease and speed of submitting the statement.
15.4. To meet the withdrawal deadline, it is sufficient for the Client to send information concerning the exercise of the Client's right of withdrawal before the expiry of the 14-day period mentioned in point 13.2. above.
15.5. In the case of withdrawal from the sales contract, CushionsClub returns all payments received from the Client, including the cost of delivering the goods to the Client (excluding additional costs resulting from the Client's chosen delivery method other than the cheapest standard delivery method offered by the STORE, and the "cash on delivery" fee), no later than 14 days from the day on which the store was informed about the Client's decision to exercise the right of withdrawal from the sales contract, subject to point 13.7. below.
15.6. In the case of partial product returns, the value of the return will be reduced by previously applicable discount thresholds.
15.6. The refund will be made using the same payment methods that were used by the Client in the original transaction unless the Client has expressly agreed to a different solution - for example, in the case of a return to a stationary store, the seller may propose a cash refund, to which the Client may, but does not have to, agree. In any case, the Client will not incur any fees as a result of the refund being made in a different way than the payment method for the goods.
15.7. CushionsClub may withhold the refund until the returned item is received and checked.
15.8. The goods should be sent back to the CushionsClub address, Majdan 05-462, Widoczna 55a Street, immediately, and in any event not later than 14 days from the day on which the Client informed the store about the withdrawal from the sales contract. The deadline is met if
the Client sends back the item before the expiry of the 14-day period.
15.9. The return of the goods will be at the Client's expense.
15.10. The Client may also return the item to the stationary store located in Majdan 05-462, Widoczna 55a Street. Delivery to the store is at the Client's expense.
15.11. The Client is responsible for any decrease in the value of the goods resulting from using them in a way other than was necessary to establish the nature, characteristics, and functioning of the goods.
15.12. The right to withdraw from a distance contract does not apply to the Consumer in relation to the Agreement:
a. where the subject of the service is a non-prefabricated item, produced according to the Consumer's specification or serving to satisfy their individualized needs,
b. for the provision of services if the Seller has fully performed the service with the Consumer's explicit consent, who was informed before the commencement of the service that after the Seller's completion of the service, they would lose the right to withdraw from the Agreement,
16. Complaints
16.1. The subject of sale are new products without defects. In case of defects in products, CushionsClub is responsible for the defects.
16.2. Every item purchased in the CushionsClub online store can be complained about in accordance with the Civil Code provisions concerning warranty for defects if a defect of the item (including non-compliance of the goods with the contract) is found within two years from its delivery to the Client. If the Client is an Entrepreneur, the parties exclude liability under the warranty.
16.3. A complaint can be submitted at a stationary store, by email, or by post.
16.4. In the case of a postal complaint, it is necessary to indicate the reasons for the complaint and the information necessary to identify the order. The recommended "Complaint" form by CushionsClub (available on the website, in the Client's panel, for each order) may be used to submit the complaint.
16.5. CushionsClub allows Clients submitting a complaint to return the defective goods by courier at the store's expense. For this purpose, the Client is required to fill in the electronic complaint form (available in the Client's panel) with the address details from which the courier should collect the parcel with the complained products.
16.6. CushionsClub will consider the complaint within 14 days and inform the Client about the way it has been resolved via email or SMS.
16.7. In the case of a positively considered complaint submitted by post, the Client will receive a refund for the goods/ or goods free from defects, and a refund of the incurred, deliberate costs of sending the defective goods to the e-store – after previously sending a copy/scan of proof of their incurring to the email address: info@cushionsclub.shop.
16.8. In the case of a positively considered complaint submitted at CushionsClub, the amount due to the Client along with any refund of costs will be returned to the Client's bank account or at the stationary store after prior confirmation.
16.9. In case of a complaint sent by post or courier not being considered, the Client will receive information about the reasons for not accepting the complaint to the email address listed in the order, and the goods will be sent back to the address from which the complaint was sent.
16.10. In case of a complaint submitted at a stationary store not being considered – the Client will be informed about it depending on the Client's choice via email or SMS and is obliged to collect the goods in the store where the complaint was submitted within 14 days from receiving the notification.
§ 17 Out-of-Court Complaint and Redress Procedures
1. Detailed information on the possibility for the Consumer to use out-of-court complaint and redress mechanisms and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations to which statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/consumer_disputes.php;
http://www.uokik.gov.pl/individual_cases.php and
http://www.uokik.gov.pl/important_addresses.php.
2. The Consumer has the following exemplary possibilities of using out-of-court means of dealing with complaints and redress:
a. The Consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request for the resolution of the dispute arising from the Agreement concluded with the Seller.
b. The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, according to Art. 36 of the Act of 15 December 2000 on the
Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller.
c. The Consumer may obtain free assistance in resolving the dispute between them and the Seller, also using the free help of the district (municipal) consumer ombudsman or a social organization to which statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
18. Issuing an Invoice
18.1. In case of requesting an invoice, the Client provides the necessary data, and the NIP number for the invoice must be provided no later than during the order placement.
18.2. CushionsClub is not responsible for providing incorrect or incomplete data for the invoice by the Client.
18.1. Personal Data Processing
To maintain the User's account and conclude and execute sales contracts, as well as perform the seller's obligations resulting from the conclusion of distance sales contracts, CushionsClub processes the Client's personal data, which the Client provides voluntarily. All information regarding personal data processing can be found under the Privacy Policy tab.
