§ 1 General provisions

1. This Online Store is run by Golden Grain sp. z o. o. with its registered office in Łódź (91-341) at ul. Brukowa 8, KRS 0000639136, REGON 365489640, NIP 1132918936.
2. These Store Regulations define the terms and conditions of using the Store, as well as the rights and obligations of the Seller and the Buyer. In it you will find information on how to place an order, payment methods, terms of concluding the contract, as well as information on the procedure for withdrawing from the contract or making a complaint about purchased products
3. In any matter related to the functioning of the Store, please contact me at the following e-mail address: info@plantulepillows.com
4. All product prices listed on the Store's website are gross prices (including VAT) in Polish zlotys.

§ 2 Definitions

For the purposes of these Regulations, the following terms shall have the following meaning:

1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his business or professional activity .
2. Seller - Golden Grain sp. z o. o. with its registered office in Łódź (91-341) at ul. Brukowa 8, KRS 0000639136, REGON 365489640, NIP 1132918936.
3. Customer - a natural or legal person who uses the online store and who makes a purchase via the online store website on the terms set out in these Regulations
4. Store - an online store run by the Seller that you are currently using.
5. Distance contract - a contract concluded with the Customer as part of an organized system for 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 moment of conclusion of the contract.
6. Regulations - these Regulations of the Store.
7. Order - Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Product Sales Agreement or Products with the Seller.
8. Account - the customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him in the Store.
9. Registration form - a form available in the Store that allows you to create an Account.
10. Order form - an interactive form available in the Store that allows you to place 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.
11. Cart - 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.
12. Product - a movable item/service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
13. Sales Agreement - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store. The Sales Agreement is also understood as - applying to the characteristics of the Product - a contract for the provision of services and a contract for specific work
14. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation data).

§ 3 Contact with the Store

1. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
2. Seller's address: ul. Brukowa 8, 91.341 Łódź
3. Seller's e-mail address: info@plantulepillows.com
4. Seller's phone number: 536 922 536
5. Seller's bank account number 04 1140 2004 0000 3402 7649 5200
6. The Customer may communicate with the Seller by phone on working days from 9:00 to 15:00

§ 4 Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, the following are necessary:

1. Internet access,
2. standard operating system
3. standard web browser,
4. having an active e-mail address.

§ 5 Electronic Services

1. Through the Store, the Seller provides electronic services to the Buyer.
2. The basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Store leading to the conclusion of a contract with the Seller. Placing an order is possible without having an account in the Store.
3. If the Buyer decides to set up an account in the Store, the Seller also provides the Buyer with an electronic service consisting in setting up and maintaining an account in the Store. The account stores the Buyer's data and the history of orders placed by him in the Store. The Buyer logs in to the Account using his e-mail address and a password defined by him.
4. Setting up an account in the Store is done by completing and sending, using the Store's automatic mechanism, a registration form. The Buyer may delete the account at any time by sending a relevant request to the Seller. Deleting an account will not delete data about orders placed using the account.
5. Services are provided electronically to the Buyer free of charge. However, sales contracts concluded via the Store are payable.
6. In order to ensure the safety of the Buyer and the transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
7. The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Store.
8. The Customer may submit complaints to the Seller in connection with the use of Electronic Services. Complaints can be submitted in writing or by e-mail. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem. The seller undertakes to consider each complaint within 14 days.
9. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing will be bound by the Sales Agreement.
10. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting in sending the Buyer e-mails containing information about news, promotions, products or services of the Seller. Subscription to the newsletter is done by completing and sending the subscription form to the newsletter or by checking the appropriate checkbox in the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.

§ 6 Setting up an Account in the Store

1. To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name and surname, e-mail address.
2. Setting up an Account in the Store is free of charge.
3. Logging into the Account is done by entering the login and password set in the Registration Form.
4. The Customer may at any time, without giving a reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in § 3.

§ 7 Order submission rules

7 Rules for placing an Order

1. The buyer can place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Store. The Buyer may set up an account from the Store, in the manner described in § 6 of the Regulations.
3. Placing an order is done by completing the Order Form after adding products of interest to the Buyer to the basket. In the Order Form, it is necessary to provide the data necessary to complete the order. At the stage of placing the order, the method of delivery of the ordered products and the method of payment for the order are also selected. The condition for placing an order is acceptance of the Regulations, which the Buyer should read beforehand. In case of any doubts regarding the regulations, the Buyer may contact the Seller.
4. After clicking the button to finalize the order, the Buyer will be redirected to the payment gateway, in accordance with the selected payment method. After successful payment, the Buyer will be redirected back to the Store's website with order confirmation. At that moment, the contract is considered concluded between the Buyer and the Seller. Confirmation of the conclusion of the contract will be sent to the Buyer to the e-mail address provided in the Order Form.
5. A specific type of contract, i.e. a sales contract, may be concluded between the Buyer and the Seller.
6. In the order form, the Buyer must provide true personal data. The buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or when the data raise reasonable doubts of the Seller as to their correctness. In this case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the accuracy of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide any explanations after the Buyer makes contact.
7. The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although he has such a right in accordance with section 7 above.

§ 8 Offered delivery and payment methods

1. The available payment methods for the order are described on the Store's website and are presented to the Buyer at the stage of placing the order.
2. Available methods of delivery of physical products are described on the Store's website and are presented to the Buyer at the stage of placing the order. The cost of delivery of the order is borne by the Buyer, unless the Seller indicates otherwise on the Store's website.
3. For orders over PLN 399, delivery is free of charge.
4. Payment in the PayU system is carried out by PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 186, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wildia in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000274399, NIP 779-23-08-495.
5. Payment methods in the Store do not involve any additional fees for the Seller. The Customer may only pay a fee for making a transfer in accordance with the tariff applicable at the Bank through which he makes the payment.
6. Product delivery costs (including charges for transport, delivery and postal services) and available payment methods are indicated to the Customer when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.

§ 9 Performance of the sales contract

1. The advertisements, announcements, price lists and other information regarding the Products presented by the Seller do not constitute an offer within the meaning of the provisions of the Civil Code, but only an invitation to submit offers.
2. By placing an Order, the Customer submits to the Seller an offer to conclude a Sales Agreement.
3. After placing the Order, the Order is confirmed immediately by sending the Customer an appropriate e-mail to the e-mail address provided by him.
4. Then the Seller sends an e-mail to the Customer to the e-mail address provided by the Customer, in which he informs the Customer about the acceptance of the Order for execution.
5. The Sales Agreement is concluded upon confirmation by the Seller of acceptance of the Order for execution.
6. If the Customer chooses:
   a) payment by bank transfer or electronic payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the Order will be canceled.
7. The order is processed by sending the purchased products to the address provided by the Buyer.
8. The order processing time should not exceed 4 business days counted from the moment of placing the order and posting the payment.
9. The order is considered completed when the shipment is sent to the Buyer.

§ 10 Consumer's right to withdraw from the Sales Agreement

1. A consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased goods.
   

2. From 01/01/2021, the right to withdraw from the contract on the terms described in this paragraph and resulting from the Act on Consumer Rights is also granted to a natural person concluding a contract with the Seller directly related to its business activity, when the content of this contract shows that it has a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Therefore, when this paragraph refers to the Consumer's rights, starting from January 1, 2021, these rights also apply to a person meeting the above criteria.
   

3. In order to withdraw from the contract, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement - for example, a letter sent by post, fax or e-mail.
   

4. The consumer may use the model withdrawal form provided as an attachment to these Regulations. However, the use of the form is only a recommendation for the consumer, and failure to use it in the withdrawal process does not invalidate the withdrawal.
   

5. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the expiry of the indicated withdrawal period.
   

6. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the date on which he informed the Seller about the withdrawal from the Sales Agreement. The deadline will be met if the Consumer sends back the Product before the expiry of the 14-day period.
   

7. The consumer bears the direct cost of returning the item.
   

8. In the event of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of products available in the Store (if the cost was covered by the Consumer) immediately, and in any case not later than 14 days from the date on which the Seller was informed about the execution the right to withdraw from the contract. The refund will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution. In any case, the Consumer will not incur any fees in connection with the form of payment refund.
   

9. If the Seller has not offered to collect the item from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the item back or the Consumer provides proof of its return, depending on which event occurs first.
   

10. Using the products in a way that goes beyond what is necessary to establish the nature, characteristics and functioning may involve the need to pay the Seller appropriate compensation, however, it does not deprive the Consumer of the right to withdraw from the contract.

    Upon receipt of the item, the consumer may take the necessary steps to examine and check it. This includes both checking the quality of the product by touching it and verifying the condition of the product by finding no mechanical damage or defect. However, he should handle the item with due diligence. In order to ascertain the nature, characteristics and functioning of the product, the consumer should, as a rule, handle and inspect the product only as he or she would be able to do in a brick-and-mortar store.

11. The consumer is liable for a decrease in the value of the product as a result of using the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product. The store may - at its discretion - either submit a statement to the Consumer about deducting the claim for compensation for the decrease in the value of the product (for an amount equal to the cost of restoring the product to a condition enabling its re-sale) with the Consumer's claim for reimbursement of payments made by him, or refund all payments received from the Consumer, and then make a claim for damages against him.

12. For hygienic and sanitary reasons, the Store does not sell used products. If the Consumer uses the product in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product, if as a result of such use the product is not suitable for further sale, the Consumer may be charged the full amount of the product price.

13. Pursuant to the content of art. 38 point 3 of the Act of 30 May 2014 on consumer rights, the right to withdraw from the contract is not available to the consumer in relation to contracts in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs. Any products that have been made in accordance with the specifications provided by the Customer (e.g. in terms of dimensions or weight) are not returnable.

§ 11 Liability for defects

1. The Sales Agreement covers new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions on warranty in the Civil Code.
3. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in § 3 of the Regulations.
4. The buyer may use the complaint form attached to the Regulations, however, it is not mandatory.
5. The seller will respond to the complaint request immediately, not later than within 14 days from the date of delivery of the complaint to him using the means of communication with which the complaint was submitted.
6. Starting from 01/01/2021, the provisions regarding the Seller's warranty for defects in the sold item regarding Consumers also apply to a natural person concluding a contract with the Seller directly related to his business activity, when the content of this contract shows that he has no a person of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
7. In the event of receiving an incomplete complaint, the Seller will call the Customer to complete it under pain of leaving the complaint without consideration.
8. Products may be covered by a warranty provided by the manufacturer or distributor of the Product. The Seller does not provide any warranty for the Products sold.
   

§ 12 Withdrawal from the Sales Agreement

1. If the Customer fails to collect the shipment sent by the Seller and returns it to the sender, the Seller reserves the right to withdraw from the Sales Agreement without setting an additional deadline for its implementation.
2. Withdrawal from the Sales Agreement may be made by the Seller within 14 days from the date of return of the shipment unclaimed by the Customer to the Seller, by submitting a statement of withdrawal to the Customer in the form of an e-mail sent to the e-mail address provided by the Customer when placing the Order.
3. In the event of withdrawal by the Seller from the Sales Agreement in the manner specified in this paragraph, the Seller shall return to the Customer payments for the Product received from the Customer immediately, and in any case not later than 14 days from the date of withdrawal.
4. In the event of withdrawal from the Sales Agreement, the Store may, at its discretion:
   1. submit to the Customer a statement on the deduction of the claim due for compensation for the losses incurred by the Seller in connection with incurring the costs of shipping to the Customer and the cost of the return shipment with the Customer's claim for reimbursement of payments made by him, or;
   
   2. return the payments received from the Customer, and then claim compensation for the losses referred to in point 1 above.
   
   
5. The refund to the Customer will be made using the same payment methods that were used by the Customer in the original transaction.

§ 13 Out-of-court methods of dealing with complaints and pursuing claims 

1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Inspection Handlowa and at the following Internet addresses of the Office of Competition and Consumer Protection:
1. http://www.uokik.gov.pl/spory_konsumenckie.php ;
2. http://www.uokik.gov.pl/sprawy_indywidualne.php
3. http://www.uokik.gov.pl/wazne_adresy.php
2. The consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
1. The consumer is entitled to apply to the permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection with a request to settle a dispute arising from the Agreement concluded with the Seller.
2. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000 on
   Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
3. 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).
3. The customer has the right to use extrajudicial means of dealing with complaints and pursuing claims. For this purpose, he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .

§ 14 Personal data in the Store

1. The administrator of Customers' personal data collected via the Store is the Seller.
2. Customers' personal data is processed in order to:
1. performance of the Sales Agreement - pursuant to art. 6 sec. 1 lit. b) GDPR,
2. performance of the Seller's obligations under the law - pursuant to art. 6 sec. 1 letter c) GDPR,
3. to answer the question asked via the contact form - - pursuant to art. 6 sec. 1 lit. f) GDPR
3. The recipients of personal data of the Store's Customers may be:
1. in the case of a Customer who uses the method of delivery by post or courier in the Store, the Administrator provides the collected data
   the Customer's personal data to the selected carrier or intermediary performing shipments at the request of the Administrator,
2. in the case of a Customer who uses electronic payments or a payment card in the Store, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the Store,
3. law firms, if necessary;
4. an entity providing services in the field of maintenance and servicing of software used in the sales process.
4. Customers' personal data are stored for the duration of the Sales Agreement concluded with the Customer, and after its execution until the expiry of the limitation period for any claims that may arise, as well as until the expiry of the limitation periods resulting from the provisions of the tax law, whichever is later, or until the Customer submits object to the processing of his personal data based on the legitimate interest of the Administrator.
5. The customer has the right:
1. access and rectification of personal data;
2. delete or limit the processing of personal data;
3. transfer of personal data in the case of processing pursuant to art. 6 sec. 1 lit. b) GDPR;
4. object to data processing, in the case of processing pursuant to art. 6 sec. 1 lit. f) GDPR;
5. lodge a complaint with the supervisory body, which is the President of the Office for Personal Data Protection.
6. 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 contract.

§15 Final Provisions

1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Store without prejudice to the rights acquired by the Buyer, including in particular the terms of contracts concluded before the change.
2. The Seller reserves the right to make changes to the Regulations. For contracts concluded before the amendment to the Regulations, the Regulations in force on the date of conclusion of the contract shall apply.
3. These Regulations apply from the date of publication on the Store's website.
4. These Regulations have been drawn up based on the provisions of Polish law. In matters not covered by these Regulations, the provisions of Polish law shall apply, including the Civil Code, the Act on Consumer Rights or other laws applicable to the operation and functioning of the online store in force in the Republic of Poland.
5. Sales Agreements concluded through the Store are concluded in Polish.