Terms and conditions of the online shop
www.sexdemon.pl
Clause 1
The Sex Demon online shop, available at www.sexdemon.pl, is run by the owner of the Sex Demon brand, PE Group Poland Limited Liability Company with its registered office in Warsaw, entered into the National Court Register by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under the number (KRS) 0000956099, with share capital of PLN 5,000, Tax Identification Number (NIP) 5252897417, Business Registry Number (REGON) 521343403.
These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and define the rules of using the Online Shop as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Shop.
Clause 2
Consumer – a natural person concluding an agreement with the Seller within the Shop, whose subject is not directly related to its business or professional activity.
Seller – PE Group Poland, a limited liability company with its registered office in Warsaw at ul. Długa 29, postal code 00-238, entered into the National Court Register by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under the number (KRS) 0000956099, with share capital of PLN 5,000 , Tax Identification Number (NIP) 5252897417, Business Registry Number (REGON) 521343403.
Customer – each entity making a purchase via the Shop.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, with legal capacity granted under a separate act, performing business activity on his own behalf, who uses the Shop.
Shop - an online shop run by the Seller on www.sexdemon.pl
Distance contract/agreement – a/an contract/agreement concluded with the Customer within the framework of an organized system of concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, including the time of conclusion.
Terms and Conditions – these Shop terms and conditions.
Order – declaration of the Customer's will submitted via the Order Form, with a direct purpose of concluding the Product Sales Agreement with the Seller.
Account – the customer's account at the Shop, it contains data provided by the Customer and information about orders placed by him/her at the shop.
Registration form – a form available at the Shop for setting up an Account.
Order form – an interactive form at the Shop for placing an Order, in particular by adding Products to the Shopping Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart – an element of the Shop's software, which shows the Products selected for purchase by the Customer, with the possibility to determine and modify the data of the Order , in particular the quantity of products.
Product – a movable item / service available at the Shop which is the subject of the Sales Agreement between the Customer and the Seller.
Sales Agreement - a Product sales agreement being concluded or concluded between the Customer and the Seller via the Online Shop. The Sales Agreement shall also mean – in accordance with the Product features – a contract for the provision of services and a mandate/specific work contract.
Clause 3
Seller's address: Długa 29; 00-238 Warsaw
Seller's e-mail address: biuro@sexdemon.pl
Seller's telephone number: + 48-664-328-300
Seller's fax number: None
Seller's bank account number: 46 1020 3176 0000 5402 0291 7722
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may communicate by phone with the Seller between 8.00 a.m. and 4.00 p.m. on working days.
Clause 4
The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Shop, caused by force majeure, unlawful actions of third parties or incompatibility of the Online Shop with the Customer's technical infrastructure.
Viewing the Shop's assortment does not require creating an Account. Placing orders by the Customer for Products in the Shop's assortment is possible either after creating an Account in accordance with the provisions of Clause 5 of the Terms and Conditions or by providing the necessary personal and address data enabling the Order to be processed without creating an Account.
The prices given at the Shop are given in Polish zlotys and are gross prices (including VAT).
The final (ultimate) 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 Shop's website when placing an Order, including the time of expressing the will to be bound by the Sales Agreement.
In the case of an Agreement covering a subscription or provision of services for an indefinite period, the final (ultimate) price is the total price including all payments for the settlement period.
When the nature of the subject of the Agreement does not allow, assessing reasonably, to calculate the final price in advance, the information on the manner in which the price will be calculated, as well as the charges for transport, delivery, postal services and other costs, will be given at the Shop as part of the Product description.
Clause 5
To set up an Account at the Shop, you must complete the Registration Form. It is necessary to provide the following data: name, surname, e-mail, contact details, shipping address
Creating an Account at the Shop is free of charge.
Logging in to the Account is done by entering the login and password set in the Registration Form.
Customer may at any time, without giving a reason and without incurring any fees, remove the Account by sending an appropriate request to the Seller, in particular via e -mail or in writing to the addresses provided in Clause 3.
Clause 6
In order to place an Order :
log into the Shop, subject to Clause 4 para. 2,
select (a) Product(s) for Order, and click the "add to shopping cart" button;
log in or use the option of placing an Order without registration ;
if the option of placing an Order without registration has been selected - fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment ( method of delivery of the Product), enter the invoice details, if they are different than the data of the recipient of the Order,
click " "confirm the order"
choose one of the available payment methods and, depending on the method of payment, pay for the order within the specified period, subject to Clause 7 point 3.
Clause 7
The Customer may use the following methods of delivery or collection/receipt of the Product ordered:
Postal service, cash on delivery ,
cash on delivery courier service ,
Pickup in person available at: ul. Długa 29; 00-238 Warsaw
Customer may use the following payment methods :
Cash on delivery
Payment on delivery
Payment by bank transfer to the Seller's account
Electronic payments
Payment by credit card.
3. Detailed information on delivery methods and acceptable payment methods can be found on the Shop’s website.
Clause 8
The Sales Agreement between the Customer and the Seller is deemed concluded when the Customer has placed an Order using the Order Form at the Online Shop in accordance with Clause 6 of the Terms and Conditions.
Upon placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. The receipt of the Order and its acceptance for execution is confirmed by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order , which contains at least the Seller's declaration of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
If the customer selects:
payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within .... calendar days from the date of the Sale Agreement - otherwise the order will be cancelled.
payment on delivery, the Customer is obliged to make the payment upon delivery.
cash payment on personal pickup, the Customer is obliged to pay on pickup within 1 days following the date of information about the readiness of the shipment for collection.
If the Customer has selected a delivery method other than personal pickup, the Product will be shipped by the Seller within the time specified in its description (without prejudice to point 5 of this paragraph), in the manner selected by the Customer when placing the Order.
A If Products have been ordered with different delivery times, the delivery date is the latest date provided.
B If Products have been ordered with different delivery terms, the Customer may request delivery of the Product in parts or delivery of all Products after completing the entire order.
The beginning of the period for delivery of a Product to the Customer is determined as follows:
if the Customer selects bank transfer, electronic payment or credit card as the method of payment – from the date of crediting the Seller's bank account.
if the Customer selects payment/cash on delivery – from the date of the Sale Agreement.
6. If the Customer selects a personal pickup, the Product will be ready for collection by the Customer within the time specified in the Product description. The Customer will be additionally informed by the Seller about the readiness of the Product for collection via e-mail sent to the e-mail address provided by the Customer in the Order .
7. If (a) Product(s) is/are ordered with different terms of readiness for collection, the date of readiness for collection will be the latest date provided.
8. The beginning of the period of the Product's readiness for collection by the Customer is determined as follows :
If the Customer selects bank transfer, electronic payment or credit card as the method of payment – from the date of crediting the Seller's bank account.
If the Customer selects cash on personal pickup as the method of payment – from the date of the Sales Agreement.
9. The Product is delivered across Poland.
10. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated on the Online Shop website in the "Delivery costs" tab and when placing an Order, including when the Customer expresses his/her will to be bound by the Sales Agreement.
11. Personal pickup of the Product by the Customer is free of charge.
Clause 9
Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The time limit specified in point 1 begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.
If an Agreement covers many Products that are delivered separately, in batches or in parts, the time limit specified in point 1 begins with the delivery of the last item, batch or part.
If an Agreement covers regular delivery of Products for a specified term (subscription), the date specified in point 1 begins with taking possession of the first item.
Consumer may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, the Consumer will send a statement before the expiry of this period.
The declaration may be sent by post, fax or e-mail, by sending the declaration to the Seller's e-mail address or by submitting the declaration on the Seller's website - the Seller's contact details are specified in Clause 3. The declaration can also be submitted on the form whose template is attached as Appendix 1 to these Terms and Conditions and an attachment to the Act of 30 May 2014 on consumer rights, but it is not obligatory.
If the Consumer sends the declaration by e-mail, the Seller shall immediately send the Consumer to the e-mail address provided by the Consumer confirmation of receipt of the declaration of withdrawal from the Agreement.
Consequences of withdrawal from the Agreement:
In the event of withdrawal from a Distance Agreement, the Agreement shall be considered void.
In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer, not later than within 14 days following the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the Consumer's selected delivery method other than the cheapest usual delivery method offered by the Seller.
The reimbursement will be made by the Seller 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, which will not involve any costs for him.
The Seller may withhold the reimbursement until the Product is received back or until proof of its return is provided to him, whichever occurs first.
The Consumer should return the Product in its original packaging to the Seller's address provided in these Terms and Conditions immediately, no later than 14 days following the date on which s/he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product before the expiry of the 14-day period.
The Consumer bears the direct costs of returning the Product, including the costs of returning the Product, if, due to its nature, the Product cannot be returned by regular mail.
The Consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the costs of returning the Product, will be included in the Product description at the Shop.
10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Agreement:
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery,
in which the subject of the service is an item that deteriorates quickly or expires rapidly,
for the provision of service, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, s/he will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
in which the subject of the service are alcoholic beverages, whose price was agreed upon conclusion of the sales contract, and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market, over which the Seller has no control,
in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
on the delivery of newspapers, periodicals or magazines, excluding subscription contracts,
on digital content that is not recorded on a tangible medium, if the performance of the service began upon an express consent of the Consumer before the deadline of withdrawal from the contract and after informing the Seller about the loss of the right to withdraw from the Contract,
Clause 10
The Sales Agreement covers new Products.
The seller is obliged to provide the Customer with an item free from defects.
3. 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. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
5. Complaints should be reported in writing or electronically to the addresses of the Seller provided in these Terms and Conditions or using the electronic complaint form provided by the Seller on one of the Shop's subpages,
6. In the complaint form, it is recommended to include a brief description of the defect, the circumstances (including the date) of its occurrence, data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
7. The Seller accepts complaints about intimate underwear and erotic gadgets only in the case of a manufacturing defect.
8. The goods under complaint should be sent back to the Seller in their original packaging.
9. The Seller shall respond to the complaint immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint within 14 days, it shall mean that the Customer's request was considered justified.
10. Goods returned as part of the complaint procedure should be sent to the address given in Clause 3 of these Terms and Conditions.
11. If a guarantee has been granted for the Product, information about it, as well as its content, shall be included in the description of the Product at the Shop.
Clause 11
Detailed information on the possibility for the Consumer to use extrajudicial methods of handling complaints and pursuing claims as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include protection of consumers, Voivodship Inspectorates of the Trade Inspection and at the following online addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims:
consumer is entitled to apply to a 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 to settle a dispute arising from the Agreement concluded with the Seller.
consumer is entitled to apply to the provincial inspector of the Trade Inspection , pursuant 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 regarding the amicable settlement of the dispute between the Consumer and the Seller.
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 z o o., Association of Polish Consumers ).
Clause 12
Personal data in the Online Shop
The administrator of the Customers' personal data collected via the Online Shop is the Seller.
Personal data collected by the administrator via the Online Shop are collected for performance of the Sales Agreement, and also for marketing purposes if the Customer agrees thereto.
The recipients of the personal data of the Online Shop Customers may be:
With regard to the Customer who uses post or courier as the delivery method at the Online Shop, the Administrator makes the Customer's personal data available to the selected carrier or intermediary performing the shipment at the request of the Administrator.
With regard to the Customer who uses the method of electronic or card payment at the Online Shop, the Administrator makes the Customer's personal data available to the selected entity handling the above payments at the Online Shop.
4. The Customer has the right to access and correct their data.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude this contract.
Clause 13
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Terms and Conditions for legitimate reasons, i.e.: changes to the law, changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each amendment at least 7 days in advance.
3. To matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.
4. The Customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, s/he may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/ .