§ 1 General provisions

1. This Online Store is operated by Golden Grain sp. z o. o. with its registered office in Łódź (91-341) at 8 Brukowa Street, KRS 0000639136, REGON 365489640, NIP 1132918936.
   
2. These Store Terms and Conditions define the terms and conditions of use of the Store, as well as the rights and obligations of the Seller and the Buyer. They include information on how to place an order, payment methods, terms of concluding a contract, as well as information on the procedure for withdrawing from the contract and filing complaints regarding purchased products.
   
3. In any matter related to the operation of the Store, please contact us at the following e-mail address: info@plantulepillows.com
   
4. All product prices listed on the Store website are gross prices (including VAT) in Polish zloty.

§ 2 Definitions

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

1. Consumer – a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to his or her 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 under the terms and conditions set out in these Regulations.
   
4. Store – the online store run by the Seller that you are currently using.
   
5. Distance contract – a contract concluded with the Customer as part of an organised 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 moment of conclusion of the contract.
   
6. Regulations – these regulations of the Store.
   
7. Order – a declaration of intent of the Customer submitted via the Order Form and aiming 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 enabling the creation of an Account.
   
10. Order Form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
    
11. Shopping Cart – an element of the Store 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 that is the subject of the Sales Agreement between the Customer and the Seller.
    
13. Sales Agreement – ​​a Product sales agreement concluded or entered into between the Customer and the Seller via the Online Store. A Sales Agreement also means – in relation to the Product's features – a service agreement 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).

§ 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 email address: info@plantulepillows.com
4. Seller's telephone 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 telephone on business days between 9:00 a.m. and 3:00 p.m.

§ 4 Technical requirements

To use the Store, including browsing the Store's assortment and placing orders for Products, you must:

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

§ 5 Electronic services

1. Through the Store, the Seller provides services to the Buyer electronically.
   
2. The primary service provided electronically by the Seller to the Buyer is to enable the Buyer to place an order in the Store, which leads to the conclusion of a contract with the Seller. Placing an order is possible without the need to have a Store account.
   
3. If the Buyer decides to create an account in the Store, the Seller also provides the Buyer with an electronic service consisting of creating and maintaining an account in the Store. The account stores the Buyer's data and the history of orders placed in the Store. The Buyer logs in to the Account using their email address and a password they have defined.
   
4. Creating an account in the Store is accomplished by completing and submitting a registration form using the Store's automated mechanism. The Buyer may delete their account at any time by submitting a request to the Seller. Deleting the account will not delete any data regarding orders placed using the account.
   
5. As part of providing services electronically, the Seller provides the Buyer with sales documents (including invoices and receipts) in electronic form, to the email address provided by the Buyer when placing the Order. By accepting these Terms and Conditions, the Buyer consents to receiving sales documents only in electronic form.
   
6. Services are provided electronically to the Buyer free of charge. However, sales contracts concluded through the Store are subject to a fee.
   
7. 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 level of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
   
8. The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the Store's operation.
   
9. Customers may submit complaints to the Seller regarding the use of Electronic Services. Complaints can be submitted in writing or by email. In the complaint, the Customer should provide their name, mailing address, and the nature and description of the problem. The Seller undertakes to review each complaint within 14 days.
   
10. The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal fees), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
    
11. If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer emails containing information about new products, promotions, products, or services from the Seller. Subscription to the newsletter is completed by completing and submitting the newsletter subscription form or by checking the appropriate checkbox during the ordering process. The Buyer may unsubscribe from the newsletter at any time by clicking the unsubscribe button displayed in each newsletter message or by submitting a relevant request to the Seller.

§ 6 Creating an Account in the Store

1. To create an Account in the Store, complete the Registration Form. The following information is required: name, surname, and email address.
2. Creating an Account in the Store is free of charge.
   
3. Logging in to the Account is done by entering the login and password set in the Registration Form.
4. The Customer may, at any time, without giving any 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 Rules for placing an Order

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 create an account from the Store, in the manner described in § 6 of the Regulations.
   
3. Orders are placed by completing the Order Form after adding the products the Buyer is interested in to their cart. The Order Form requires providing the information necessary to complete the order. During the ordering process, the Buyer also selects the delivery method for the ordered products and the payment method. Acceptance of the Terms and Conditions is a condition for placing an order, and the Buyer should familiarize themselves with them beforehand. Should any questions arise regarding these Terms and Conditions, the Buyer may contact the Seller.
   
4. After clicking the button to finalize the order, the Buyer will be redirected to the payment gateway according to the selected payment method. After successful payment, the Buyer will be redirected back to the Store's website with an order confirmation. At this point, the contract is deemed concluded between the Buyer and the Seller. Confirmation of the contract will be sent to the Buyer to the email address provided in the Order Form.
   
5. A specific type of contract may be concluded between the Buyer and the Seller, i.e. a sales contract.
   
6. The Buyer must provide accurate personal data in the order form. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend order processing if the Buyer provides false data or if such data raises reasonable doubts as to its accuracy. In such a case, the Buyer will be informed by phone or email of the Seller's concerns. In such a situation, the Buyer has the right to clarify all circumstances related to verifying the accuracy of the provided data. In the absence of data enabling the Seller to contact the Buyer, the Seller will provide all necessary clarifications after the Buyer has contacted them.
   
7. The Buyer declares that all data provided by him in the order form is true, but the Seller is not obliged to verify their truthfulness and correctness, although he has such right in accordance with paragraph 7 above.

§ 8 Offered delivery and payment methods

1. The available payment methods for the order are described on the Store's website and presented to the Buyer at the stage of placing the order.
   
2. Available delivery methods for physical products are described on the Store's website and presented to the Buyer during the ordering process. The Buyer is responsible for the delivery costs unless the Seller specifies otherwise on the Store's website.
   
3. For orders over PLN 399, delivery is free of charge.
   
4. Payments via the Przelewy24 system are processed by PayPro SA with its registered office in Poznań, 60-198 Poznań, at ul. Pastelowa 8, entered into the register of entrepreneurs maintained by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, Tax Identification Number (NIP) 7792369887.
   
5. The Store's payment methods do not incur any additional fees for the Seller. The Customer may only incur a transfer fee, if applicable, in accordance with the applicable tariff of the bank through which the payment is made.
   
6. The Product delivery costs (including transport, delivery and postal charges) and the available payment methods are indicated to the Customer when placing the Order, including when the Customer expresses his or her willingness to be bound by the Sales Agreement.

§ 9 Execution of the sales contract

1. 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 makes an offer to the Seller to conclude a Sales Agreement.
   
3. After placing the Order, the Order is immediately confirmed by sending an appropriate e-mail to the Customer to the e-mail address provided by him.
   
4. The Seller then sends an e-mail to the Customer, to the e-mail address provided by the Customer, in which the Customer is informed 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. Together with the confirmation of the Order, the Seller sends the Customer a sales document (receipt or invoice) in electronic form to the e-mail address indicated in the Order form.
   
7. 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.
   
8. The order is fulfilled by shipping the purchased products to the address provided by the Buyer.
   
9. The order processing time should not exceed 4 business days from the moment the order is placed and the payment is received.
   
10. The order is considered completed when the shipment is sent to the Buyer.

§ 10 The 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 January 1, 2021, the right to withdraw from the contract under the terms described in this section and under the Consumer Rights Act also applies to a natural person concluding a contract with the Seller directly related to their business activity, if the content of the contract indicates that it is not of a professional nature for that person, arising in particular from the subject of their business activity, made available under the provisions of the Central Register and Information on Business Activity. Therefore, when this section refers to the rights of the Consumer, from January 1, 2021, these rights also apply to a person meeting the above criteria.
   

3. To withdraw from the contract, the Consumer must inform the Seller of his decision to withdraw from the contract by means of an unequivocal statement – ​​for example, a letter sent by post, fax or e-mail.
   

4. The consumer may use the sample withdrawal form provided as an annex to these Terms and Conditions. However, using the form is only a recommendation to the consumer, and failure to use it in the withdrawal process does not invalidate the withdrawal.
   

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

6. The Consumer should return the Product to the Seller's address provided in these Terms and Conditions immediately, no later than 14 days from the date on which they informed the Seller of their withdrawal from the Sales Agreement. This deadline will be met if the Consumer returns the Product before the 14-day period expires.
   

7. The consumer bears the direct costs of returning the goods.
   

8. In the event of withdrawal from the contract, the Seller will refund all payments received from the Consumer, including the cheapest delivery cost available in the Store (if the Consumer covered the cost), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the exercise of the right to withdraw from the contract. The refund will be made using the same payment method that the Consumer used in the original transaction, unless the Consumer expressly agrees to a different solution. In any case, the Consumer will not incur any fees in connection with this refund method.
   

9. If the Seller has not offered to collect the goods from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until he receives the goods back or the Consumer provides proof of sending them back, whichever occurs first.
   

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

    Upon receiving the item, the consumer may take the necessary steps to examine and check it. This includes checking the quality of the product by touching it and verifying its condition by checking for any mechanical damage or defects. However, the consumer should handle the item with due care. To determine the nature, characteristics, and functioning of the product, the consumer should generally handle and inspect the product only in the same way as they would in a physical store.

11. The Consumer is liable for any diminished value of the product resulting from use of the product beyond what is necessary to establish the nature, characteristics, and functioning of the product. The Store may, at its discretion, either submit a declaration to the Consumer to offset the claim for compensation for diminished value of the product (for an amount equal to the cost of restoring the product to a resaleable condition) against the Consumer's claim for a refund of payments made by the Consumer, or refund all payments received from the Consumer and then file a claim for compensation against the Consumer.

12. For hygiene and sanitary reasons, the Store does not sell used products. If the Consumer uses the product beyond what is necessary to establish the nature, characteristics, and functioning of the product, and if such use renders the product unfit for resale, the Consumer may be charged the full price of the product.

13. Pursuant to Article 38, point 3 of the Act of 30 May 2014 on Consumer Rights, the right of withdrawal does not apply to contracts where the subject of the contract is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet their individual needs. Any products manufactured according to the specifications provided by the Customer (e.g., dimensions or weight) are non-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 Seller's addresses provided in § 3 of the Regulations.
   
   
4. The Buyer may use the complaint form attached to the Regulations, but this is not obligatory.
   
   
5. The Seller will respond to the complaint request immediately, no later than within 14 days from the date of delivery of the complaint via the means of communication used to submit the complaint.
   
   
6. Starting from 01/01/2021, the provisions regarding the Seller's warranty for defects in sold goods concerning Consumers also apply to a natural person concluding a contract with the Seller directly related to his/her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
   
   
7. If an incomplete complaint is received, the Seller will request the Customer to complete it, otherwise the complaint will not be considered.
   
   
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 it is returned to the sender, the Seller reserves the right to withdraw from the Sales Agreement without setting an additional deadline for the Customer to complete it.
   
2. Withdrawal from the Sales Agreement may be made by the Seller within 14 days from the date of return of the shipment uncollected by the Customer to the Seller, by submitting a declaration 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. If the Seller withdraws from the Sales Agreement in the manner specified in this paragraph, the Seller shall return to the Customer the payments received from the Customer for the Product immediately, and in any case no 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 declaration of offsetting the claim for compensation for losses incurred by the Seller in connection with the costs of shipping to the Customer and the costs of return shipping against the Customer's claim for reimbursement of payments made by him, or;
   2. refund the payments received from the Client and then file a claim for compensation for the losses referred to in point 1 above.
   
5. Refunds to the Customer will be made using the same payment method that was used by the Customer in the initial transaction.

§ 13 Extrajudicial methods of handling complaints and pursuing claims 

1. Detailed information on the possibility for the Consumer to use extrajudicial methods of complaint handling and redress as well as the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites 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 examples of possibilities to use out-of-court complaint and redress procedures:
1. The Consumer is entitled to apply to a permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection, with a request to resolve a dispute arising from the Agreement concluded with the Seller.
2. The consumer is entitled to turn to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on
   Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the Consumer and the Seller.
3. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).
   
3. Customers have the right to use out-of-court complaint and redress mechanisms. To do this, they can 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 are processed for the purpose of:
1. performance of the Sales Agreement - pursuant to Article 6 paragraph 1 letter b) of the GDPR,
2. fulfilling the Seller's obligations under the law – pursuant to Article 6 paragraph 1 letter c) of the GDPR,
3. to answer a question asked via the contact form - - pursuant to Article 6 paragraph 1 letter f) of the GDPR
   
3. The recipients of the personal data of the Store Customers may be:
1. in the case of a Customer who uses the Store's delivery method by post or courier, the Administrator provides the collected data
   the Customer's personal data to the selected carrier or intermediary carrying out shipments on behalf of the Administrator,
2. in the case of a Customer who uses electronic payments or a payment card in the Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling 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 tax law, whichever comes later, or until the Customer objects to the processing of his or her personal data based on the legitimate interest of the Controller.
   
5. The customer has the right to:
1. access and rectification of personal data;
2. deletion or restriction of processing of personal data;
3. transfer of personal data in the case of processing on the basis of Article 6(1)(b) of the GDPR;
4. object to the processing of data, in the case of processing on the basis of Article 6(1)(f) of the GDPR;
5. lodging a complaint with the supervisory authority, which is the President of the Personal Data Protection Office.
6. Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations and required to conclude the Sales Agreement will result in the inability to conclude the agreement.

§15 Final provisions

1. The Seller reserves the right to introduce and withdraw 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 was made.
   
2. The Seller reserves the right to make changes to the Terms and Conditions. Agreements concluded before the amendment to the Terms and Conditions will be governed by the Terms and Conditions in force on the date the agreement was concluded.
   
3. These Regulations are effective from the date of publication on the Store's website.
   
4. These Terms and Conditions have been prepared in accordance with Polish law. In matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply, including the Civil Code, the Consumer Rights Act, and other laws applicable to the operation and functioning of online stores in force in the Republic of Poland.
   
5. Sales Agreements concluded through the Store are concluded in Polish.