Regulations

Rules of the Qbana Mama online store

Specifying rules of concluding sales contracts through the store, containing the most important information about the Seller, the store and Consumer's rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Execution of the contract
§ 7 The right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Claim
Appendix 1: A model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, except public holidays.
Account – the free Store function regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his individual Account in the Store.
Consumer – Consumer within the meaning of the Civil Code.
Buyer - every buyer entity in the store.
Regulations – these regulations.
Shop - Qbana Mama online store run by the Seller at the address https://qbanamama.pl.
Dealer - KATARZYNA MARIA KUBAN, entrepreneur running a business under the name Qbana Mama Katarzyna Kuban, entered into the Central Register and Information on Economic Activity conducted by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 9491972839, REGON 367435038, ul. Mstowska 2, 42-244 Cegielnia.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Mstowska 2, 42-244 Cegielnia
  2. E-mail adress: qbanamama@interia.pl
  3. Phone: 604906886

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store you need:
    • A device with Internet access
    • A web browser that supports JavaScript and cookies.
  2. To place an order in the store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 PURCHASES IN THE STORE

  1. The prices of goods visible in the Store are total prices for the goods, including VAT.
  2. The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the payment method for the order, and also provides the data necessary to complete the order.
  5. The order is placed when the content is confirmed and the Buyer accepts the Regulations.
  6. Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
  7. The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.
  8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing its data with every possible order.

§ 5 PAYMENT

  1. Za złożone zamówienie można zapłacić, w zależności od wyboru Kupującego:
    1. By ordinary transfer to the Seller's bank account.
    2. By using a payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    3. Through the payment platform:
      • Shoper payments
      • PayPal
    4. Cash on delivery, i.e. cash at the time of delivery to the Buyer.
    5. By card or cash at the time of collection of your personal item.
  2. If you choose to pay via the payment platform Shoper Payments, the provider of online payments is Blue Media SA.
  3. If the Buyer selects payment in advance, the order must be paid within 2 Business Days of placing the order.
  4. The Seller informs that in the case of some payment methods, due to their specificity, the payment of the order by this method is possible only directly after placing the order.

§ 6 EXECUTION OF THE CONTRACT

  1. The seller is obliged to deliver goods without defects.
  2. The term of the contract is indicated in the store.
  3. In the event that the Buyer chose payment in advance for the order, the Seller will proceed with the order after paying for it.
  4. In a situation where, as part of a single order, the Buyer purchased goods with different delivery dates, the order will be processed within the deadline for the goods with the longest term.
  5. Countries in the territory of which the delivery is carried out:
    • the Republic of Poland
    • United Kingdom
    • Germany
  6. Goods purchased in the Store are delivered depending on which delivery method the Buyer chose:
    1. Through a courier company
  7. The buyer can pick up the goods personally at the company's office during the opening hours.

    8. In the case of picking up a personal collection by the Buyer, the goods will be ready for collection at the indicated date of order fulfillment, and if the Seller indicated the date of dispatch of the goods - within this period.
9. Promotional discounts / discount codes do not combine. 

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract expires after 14 days from:
    1. In which the consumer came into possession of the goods or in which a third party other than the carrier and indicated by the consumer came into possession of the goods.
    2. In which the consumer came into possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last of the things in the case of an agreement requiring the transfer of ownership of many things that are delivered separately.
  3. In order for the Consumer to exercise his right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unambiguous statement (for example, a letter sent by mail or information sent by e-mail).
  4. The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.
  5. To keep the deadline for withdrawal from the contract, it is enough for the consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

    EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
  6. In the event of withdrawal from the contract, the Seller shall return to the Consumer all payments received from him, including delivery costs (except for additional costs resulting from the method chosen by the Consumer other than the cheapest method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Consumer's decision on exercising the right to withdraw from the contract.
  7. 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 agrees to a different solution, in each case the Consumer will not incur any fees in connection with this reimbursement.
  8. The seller may withhold reimbursement until receipt of the goods or until proof of his return is provided to him, whichever occurs first.
  9. The seller asks you to return the goods to the following address: ul. Mstowska 2, 42-244 Cegielnia immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
  10. The consumer bears the direct costs of returning the goods.
  11. The consumer is liable only for the reduction of the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  12. If, due to its nature, the goods can not be sent in normal mode by post, the consumer will also have to bear the direct cost of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.
  13. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the Buyer's payment card.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
    1. In which the object of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
    2. In which the subject of the service is an item subject to rapid deterioration or having a short shelf-life.
    3. In which the object of the service is an item delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
    4. In which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things.
    5. In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery.
    6. For delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
    7. In which price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract.
    8. For the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's explicit consent before the deadline for withdrawal and after informing the entrepreneur about the loss of the right to withdraw from the contract.
  2. The right to withdraw from a distance contract is not available to an entity other than the Consumer.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the opportunity to advertise the defective goods on the basis of the warranty or guarantee provided in the Civil Code, if the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and in the deadlines specified in the Civil Code:
    1. Submit a price reduction statement
    2. With a significant defect - submit a statement of withdrawal from the contract
    3. Demand for the replacement of things to be free of defects
    4. Request removal of the defect
  3. The Seller asks you to submit a complaint based on the warranty to the postal address or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that for the complaint to be processed, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's cost, to the address ul. Mstowska 2, 42-244 Cegielnia.
  5. If the product has been granted an additional warranty, information about it, as well as its terms, is available in the product description in the store.
  6. Complaints regarding the operation of the Store should be directed to the e-mail address indicated in § 2 of the Regulations.
  7. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAORDINARY METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
  8. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others with:
    1. Mediation conducted by the competent regional inspectorate of the Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance of a competent and permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration before arbitral tribunal should be submitted. As a rule, the proceedings are free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. Free help from the municipal or poviat Consumer Ombudsman.
    4. Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 RESERVATIONS

  1. The provision of unlawful content by the Buyer is prohibited.
  2. Each order placed in the Store is a separate sales contract and requires separate acceptance of the regulations. The contract is concluded on time and in order to fulfill the order.
  3. Contracts concluded on the basis of these Regulations shall be concluded in Polish.
  4. In the event of a possible dispute with a non-Consumer Buyer, the competent court will be the court competent for the Seller's registered office.
  5. None of the provisions of these Regulations exclude or limit the rights of the Consumer under the law.


Annex No. 1 to the Regulations

Below is a model withdrawal form from which the Consumer may or may not use:



MODEL FORM OF WITHDRAWING FROM THE AGREEMENT
(this form should be completed and sent back only if you wish to withdraw from the contract)

Qbana Mama Katarzyna Kuban
ul. Mstowska 2, 42-244 Cegielnia E-mail: qbanamama@interia.pl

- I ......................................................................... hereby I inform about my withdrawal from the sales contract of the following things:

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

....................................................................................................................................................................................................................................

- Date of receipt .........................................................................................................................................................................................................

- Name and surname of the Consumer (s) .....................................................................................................................................................................

- Consumer address (s) ......................................................................................................................................................................................

....................................................................................................................................................................................................................................

.............................................................................................
Signature of the Consumer
(only if the form is sent in a paper version)


Date ............................................

(*) Delete as applicable.

Account regulations

Account regulations in the Qbana Mama store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Claim

§ 1 DEFINITIONS

Account – the unpaid Store function (service) regulated in these regulations, thanks to which the Buyer may set up his individual Account in the Store.
Buyer - every buyer entity in the store.
Shop – Qbana Mama online store run by the Seller at the address https://qbanamama.pl
Dealer - entrepreneur running a business under the name Qbana Mama Katarzyna Kuban, entered into the Central Register and Information on Economic Activity conducted by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 9491972839, REGON 367435038, ul. Mstowska 2, 42-244 Cegielnia.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Mstowska 2, 42-244 Cegielnia
  2. E-mail adress: qbanamama@interia.pl
  3. Phone: 604906886

§ 3 TECHNICAL REQUIREMENTS

  1. For proper functioning and setting up an Account, you need:
    • An active e-mail account
    • A device with Internet access
    • A web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and depends on the will of the Buyer.
  2. The Account gives the Buyer additional possibilities, such as: viewing the order history submitted by the Buyer in the Store, checking the order status or editing the Buyer's data.
  3. In order to create an Account, complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller in the scope of keeping the Account on the terms specified in the Regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to cancel your Account, you must send your resignation to the Seller at the following e-mail address: qbanamama@interia.pl, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

  1. Complaints regarding the operation of the Account should be directed to the e-mail address qbanamama@interia.pl.
  2. Consideration of the complaint by the Seller will take place within 14 days.

    EXTRAORDINARY METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
  3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others, with:
    1. Mediation conducted by the competent regional inspectorate of the Trade Inspection, to which you should apply for mediation. As a rule, the proceedings are free. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. Assistance of a competent and permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration before arbitral tribunal should be submitted. As a rule, the proceedings are free. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. Internet ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

§ 7 RESERVATIONS

  1. The provision of unlawful content by the Buyer is prohibited.
  2. The Agreement regarding the keeping of the Account is concluded in Polish.
  3. In the event of important reasons referred to in paragraph 4, the Seller has the right to change these Account Regulations.
  4. Important reasons referred to in paragraph 3 are:
    1. the need to adapt the Store to the law applicable to the Store's activities
    2. improving the security of the service provided
    3. changing the functionality of the Account that requires modification of the Account regulations.
  5. The Buyer will be informed of the planned change in the Account Regulations at least 7 days before the change is implemented by means of an e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the e-mail address of the Seller qbanamama@interia.pl, which will result in the termination of the Account maintenance contract with the entry into force of the planned change or earlier if the Buyer makes such a request.
  7. In a situation where the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to terminate the contract in the future.
  8. In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the Seller's registered office.
  9. None of the provisions of these Regulations exclude or limit the rights of the Consumer under the law.





Newsletter regulations

Qbana Mama store

§ 1 DEFINITIONS

Newsletter – a free service provided electronically, thanks to which the Service Recipient can receive from the Service Provider electronically, previously ordered messages regarding the Store, including information on offers, promotions and new products in the Store.
Shop – Qbana Mama online store run by the Service Provider at https://qbanamama.pl
The service provider - entrepreneur running a business under the name Qbana Mama Katarzyna Kuban, entered into the Central Register and Information on Economic Activity conducted by the minister competent for the economy and keeping the Central Register and Information on Economic Activity, NIP 9491972839, REGON 367435038, ul. Mstowska 2, 42-244 Cegielnia.
The Client - every entity using the Newsletter service.

§ 2 Newsletter

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. To use the Newsletter service it is necessary to have a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
  3. E-mails sent as part of this service will be sent to the e-mail address provided by the Customer at the time of subscribing to the Newsletter.
  4. The Client, in order to conclude a contract and subscribe to the Newsletter service, in the first step gives his e-mail address in which he wishes to receive messages sent as part of the Newsletter. Then, to the e-mail address provided in the first step, the Service Provider will send the Client a message verifying the e-mail address, in which there will be a confirmation link by the Service Recipient to subscribe to the Newsletter. After the Client confirms his will to subscribe to the Newsletter, a contract for the provision of the service is concluded and the Service Provider will commence its provision to the Customer.
  5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  6. The Customer may unsubscribe from the Newsletter without giving any reason and bearing any costs, at any time, using the option referred to in paragraph. 5 or by sending a message to the e-mail address of the Service Provider: qbanamama@interia.pl.
  7. The use by the Customer of the link to unsubscribe from the Newsletter or sending a message requesting unsubscription from the Newsletter will result in the immediate termination of the contract in the provision of this service.

§ 3 Complaints

  1. Complaints about the Newsletter should be reported to the Service Provider at the following e-mail address: qbanamama@interia.pl.
  2. The Service Provider will respond to the complaint within 14 days of receipt of the complaint application.

§ 4 Personal data

  1. The administrator of personal data provided by the Customer while using the Newsletter is the Service Provider.
  2. The Customer's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (RODO). Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

§ 5 Final Provisions

  1. The Service Provider reserves the right to change these regulations only for important reasons. An important reason is the need to change the regulations caused by the modernization of the Newsletter service or change in the law, which affects the Service Provider's provision of services.
  2. Information about the planned change of the Regulations will be sent to the e-mail address of the Customer provided at the time of subscribing to the Newsletter at least 7 days before the changes are implemented.
  3. If the Service Recipient does not object to the planned changes until their entry into force, it is assumed that they accept them.
  4. In the absence of acceptance for planned changes, the Service Recipient should send information about it to the e-mail address of the Service Provider: qbanamama@interia.pl, which will result in the termination of the contract for the provision of the service upon the entry into force of the planned changes.
  5. The provision of unlawful content by the Client is prohibited.
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