Terms of use

TERMS AND CONDITIONS OF ONLINE SHOP WHISBEAR.COM

§1


General provisions
1. These regulations provide the legal basis which defines the Terms and Conditions of use of online shop Whisbear.com.
2. Your use of the Sites constitutes your agreement to follow and be bound by the Terms and Conditions.

§2


Definitions
The notions used in the Terms and Conditions mean as following:
1. Whisbear.com – online shop at www.whisbear.com address, managed and administered by Zuzanna Sielicka-Kalczyńska conducting business under the name Zuzanna Sielicka-Kalczyńska with registered office on the street Zielona 32 , 02-913 Warsaw, NIP 5222457599, REGON 146973324, cell number: 509097501, e-mail: zuzanna@whisbear.com, based on an entry to Central Registration and Information on Bussines/Centralna Ewidencja i Informacja o Działalności Gospodarczej (CEIDG) led by the Ministry of Economy;
2. Goods – the products, movable thing, which is the subject of Sale through Whisbear.com; All Products are intended for children above the age of three years, as far as the description of the Product contains no other information;
3. Buyer – a natural person who is 18 years old and has full capacity to perform acts in law, a legal person or an organizational unit without legal personality which might on its own behalf, acquire rights and incur obligations, making purchases in Whisbear.com. Buyer may be a person between 13 and 18 years of age to the extent that can acquire rights and incur obligations according to the provisions of applicable law;
4. Consumer – a Buyer who is a natural person making legal actions not directly related to his trade or profession;
5. Entrepreneur – a Buyer who is a natural person making purchases through Whisbear.com in relations to its trade or profession, a legal person or an organizational unit without legal personality which the law recognizes the legal capacity to acquire rights and incur obligations, leading its own behalf trade or profession;
6. Sales - the procedure leading to conclude the contract of sale Products between Buyer and Seller. Sales are made through the Internet on the terms set out in these Terms and Conditions;
7. Seller – Zuzanna Sielicka-Kalczyńska conducting business under the name Zuzanna Sielicka-Kalczyńska with registered office on the street Zielona 32, 02-913 Warsaw, NIP 5222457599, REGON 146973324, cell number: 509097501, e-mail: zuzanna@whisbear.com, based on an entry to Central Business Activity Registration and Information System (CEIDG) led by the Ministry of Economy, providing service of sharing of Whisbear.com's resources;
8. Rules - these regulations defining the Terms and Conditions of use of online shop Whisbear.com.

§3


Technical conditions for the use of Whisbear.com
1. Using Whisbear.com via the Internet is possible provided that the computerized system, which is used by the Buyer, fulfils the following minimum technical requirements:
a) Operating System: Windows, Linux (with console graphics) or Mac OS;
b) Hard Drive: 8.0 GB of free space;
c) Video Card: 256 MB of memory with screen resolution of 1024x768;
d) Internet connection of minimum 512 kbit /s for consultation and 128 kbit /s for sending information;
e) Web Browser: Internet Explorer - version not earlier than IE8, Mozilla Firefox – version not earlier than 22 Firefox, Google Chrome - version not earlier than Chrome 28; supporting JavaScript not older than 1.5;
f) Control: Keyboard, mouse, touchscreen.
2. Whisbear.com is not responsible for blocking transmission of messages by administrators of mail servers to the mail-address specified by the Buyer or removing and blocking e-mail by software installed on Buyers’ computer or other device used by the Buyer.

§4


Registration and conditions of use Whisbear.com
1. Whisbear.com works seven days a week, 24 hours a day (except for short interruptions due to maintenance).
2. It is required to have an active e-mail account to make purchases at Whisbear.com.
3. Ordering is possible once the user create an account by filling out the form on the page, which should include name and surname (optionally proper noun), mailing address, e-mail address, contact telephone number, as well as accept these Terms and Conditions. If you buy disposable, it is not necessary to establish a user account. The order form has to be filled correctly and included therein Terms and Conditions and delivery costs have to be accepted.
4. After completing the form, to the given e-mail address will be sent an activation e-mail, which should be received and opened by clicking the activation link, which confirms Buyer's registration.
5. Upon registration or filling the order form once Buyer is obliged to provide truthful and complete information.
6. The shipping address a Buyer provided during the establishment of a user account becomes the default address, that will be used to fulfil each order. The buyer will have the ability to specify a different delivery address. If work address is specified, it is necessary to specify the name of the company.
7. While making purchases using its own user account, the Buyer can always change its address data in order to update them. The Buyer obtains an insight into the history of their purchases. For non-registered users purchase history is not stored, because data aimed to fulfil the order are kept in Whisbear.com 's database only for the time of a particular order.
8. The Buyer has a prohibition of placing illegal contents while fulfilling the forms presented on Whisbear.com.
9. Buyer or any other person using Whisbear.com ensures itself on their own IT and telecommunication resources which enable access to Whisbear.com Whisbear.com, to acquire skills necessary to use the Internet and to obtain access to Whisbear.com and also bears the costs of access to the network and equipment generated by the use of the Internet and the website www.whisbear.com.
10. Whisbear.com does not agree to the use of any graphic elements belonging to Whisbear.com. Copyrights to the graphic elements Whisbear.com are entitled to Whisbear.com.

§5


Procedure for the conclusion of a contract of sale and ordering
1. Information about Products posted on Whisbear.com do not constitute an offer in the meaning of the Civil Code, but are an invitation to tender.
2. Sending an order of a Product via Whisbear.com is regarded as a Buyer's bid to conclude a sale agreement.
3. To place an order Buyer is obliged to choose:
a) ordered Products and its amounts;
b) method of delivery and its address, the address to which an invoice or a bill is to be issued;
c) method of payment.
4. Order confirmation posted by Whisbear.com to the given by the Buyer's e-mail address is a declaration of acceptance of the offer, referred above, leading to the conclusion of a contract of a sale between the Buyer and Whisbear.com
5. In the message, referred in paragraph 4, Whisbear.com will indicate a bank account number. Payment should be made on this account, if the choice of method of a payment was different than cash on delivery or in case of failure to pay electronically.
6. Amount of Products offered by Whisbear.com is variable and is constantly updated.
7. Orders are taken in order of their receiving until stocks last in the warehouse. In case of unavailability of the order in the warehouse, from Whisbear.com's suppliers or for other reasons and from the lack of feasibility of the Buyer's order, Whisbear.com notifies Buyer of this fact at the latest within fourteen (14) days from the date of conclusion of the contract and returns paid money. Notification will be sent to the e-mail address given by the Buyer in the order form.

§ 6

Rights and obligations of Buyer


1. When submitting an order, the Buyer declares to have full legal capacity in making obligations under these Regulations. Whisbear.com l has no obligation to verify Buyer's legal capacity and other visitors of Whisbear.com . Therefore, if the product is ordered by a person who do not have at least limited legal capacity, those who are responsible to it (especially parents or guardians), have full responsibility for its request and payment of a price.
2. Buyer is responsible for providing correct and full shipping address.
3. If the data given by the Buyer in the process of establishing a user account or filled out once form alter, the Buyer is obliged to update it immediately.
4. Seller declares to hold legal title to all Products offered by him through Whisbear.com and is entitled to dispose of them.
5. Seller bears full responsibility for the offered Products, their safety, compliance with applicable laws, descriptions, pictures, information, as well as all activities related to the sale at the Whisbear.com.
6. Seller sends ordered Products in accordance with the provisions of § 8 of the Regulations and is obliged to pack properly the Product guaranteeing safe delivery to the Buyer.

§ 7


Prices, payment and cancellation of contract
1. The total cost of the order consists of the price of the Product and the price of shipping (delivery cost). Product price indicated on Whisbear.com is binding upon an order by the Buyer.
2. Product prices published on the website Whisbear.com:
a) are in GBP,
b) include VAT,
c) does not include delivery costs.
3. The cost of delivery depends on method of delivery chosen by the Buyer of the Product.
4. Buyers can choose from the following methods of payment for ordered Products with delivery on Polish territory:
a) cash on delivery: implementation of the contract starts after the end of ordering process. Selecting this option is only possible if the Buyer is a Consumer;
b) bank transfer: performance of the contract begins after getting a receipt of payment to the Whisbear.com's bank account;
c) electronic payment via credit card or e-transfer: performance of the contract begins after getting a receipt by Whisbear.com from the operator payments that confirms the correct implementation of the operations.
5. In the case of payments referred in paragraph. 3 points. b) above, the Buyer is obliged to make a payment to the Whisbear.com's bank account which is sent to the Buyer in an e-mail as a confirmation of order, entitled "Order No. [●]". Payment has to be made 5 days from the date of receiving a confirmation of order from Whisbear.com.
6.If the Buyer fails to make a payment within the time specified in paragraph. 5 above, Whisbear.com sends Buyer an e-mail reminding of the need to pay the order. In this e-mail Whisbear.com appoints Buyer another five-day deadline, after which the order will be considered as canceled.
7. Settling credit card and e-transfer is carried out through:

- the PayPal online system, conducting operations at: www.paypal.com. T&C on customer’s payments via PayPal:


a. Payments via PayPal can be made only by a person authorized to use this payment tool
b. After approving the purchase form in the online shop and selecting PayPal as a payment method, the customer is automatically redirected to the PayPal website to complete the payment process
c. The Client who has been already registered with PayPal, obtains the possibility to place an order in the online shop with the use of an address data provided during the registration on the PayPal website which results in no need of filling of the delivery form in the Shop System (PayPal - Express Checkout)
Transaction security is provided and guaranteed by PayPal (Europe) S.à amp; & Cie, S.C.A. operating PayPal.

a. Payments via PayPal can be made only by a person authorized to use this payment tool

b. After approving the purchase form in the online shop and selecting PayPal as a payment method, the customer is automatically redirected to the PayPal website to complete the payment process 

c. The Client who has been already registered with PayPal, obtains the possibility to place an order in the online shop with the use of an address data provided during the registration on the PayPal website which results in no need of filling of the delivery form in the Shop System  (PayPal - Express Checkout)

Transaction security is provided and guaranteed by PayPal (Europe) S.à amp; & Cie, S.C.A. operating PayPal.

- the Settlement Centre PayU. Concerned services are provided by PayU S.A. located in Poznań, 60-166 Poznań, ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under the number KRS 0000274399, with the share capital in the amount of PLN 4,000,000, fully paid, having a tax identification number NIP: 779-23-08-495, REGON 300,523,444, in accordance with the Rules of services available at: http://www.payu.pl/pliki-to-pobrania/regulaminy-and-information.


8. An order can be canceled or modified upon Buyer's request, which should be sent before shipment of the Product by the Seller. The request should be sent to the e-mail contact@whisbear.com.
9. Whisbear.com sends purchased Product within 7 days from the date of conclusion of the contract, if the Buyer choose "cash on delivery" as a method of payment. In other cases, Product is sent within 7 days from the date of booking a payment on Whisbear.com's bank account. The term to deliver the shipment by the carrier depends in each case on the type of shipment and results from the conditions of provision of transport services used by the Polish Post SA, DHL and InPost.
10. Whisbear.com gives a fiscal receipt along with a purchased product as a proof purchased Product. Whisbear.com issues a VAT invoice upon Buyer's request, after Buyer's indication the invoicing details and NIP.

§ 8

The Consumer may use the following extrajudicial methods of examining the complaints and claims.

To attempt an amicable settlement of a dispute regarding a purchase at our website www.whisbear.pl - Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) - the Consumer may file their complaint e.g. via the EU ODR website, available at http://ec.europa.eu/consumers/odr/, or via mediation (more information is available at https://uokik.gov.pl/wazne_adresy.php#faq595).

§ 9

Delivery

1. The ordered Products are delivered in by Royal Mail “Signed for” in United Kingdom (excluding Northern Ireland) and by Royal Mail International Service Internationally (including Northern Ireland)

2. Delivery cost depends on destination of the consignment and are as follows:

a) UK Shipping (excluding Northern Ireland) £ 5

b) International shipping (Europe Including Northern Ireland), £ 15
c) International shipping (North America, South America, Asia, Africa) £ 20 

d) International shipping (Australia and Oceania) £ 20


3. Detailed rules of delivery are defined by the conditions of transport services applied by the Royal Mail
4. The Seller notifies the Buyer of sending the Product via e-mail.
5. Times of delivery may vary depending on the destination

6. The Buyer notifies Whisbear.co.uk about the fact of non-delivery shipping via e-mail sent to whisbear@ardega.co.uk no earlier than 6 working days after placing an order for domestic deliveries and no earlier than 21 days for international deliveries
7. All delivers are handled by Whisbear’s UK Distributor Ardega Ltd.
8. Whisbear and Ardega will take all reasonable care to deliver to the address given. However Neither Whisbear nor Ardega will be liable for non-delivery or mis-delivery as a result of incorrect data entry provided by the Buyer during the purchase process.
7. If the complaint will be considered positively by the supplier, then Whisbear.com returns immediately the entire amount the Buyer had paid. The relevant provisions contain in § 9. section 6-8 of the Terms and Conditions.

8. If it turns out that the Product was damaged in transport, the Buyer notifies Whisbear and Ardega about this fact via e-mail sent to the address of whisbear@ardega.co.uk. E-mail should include protocol of damage, if the Buyer has made one and possibly pictures of a damaged good.

9. In order to improve consideration of the complaint regarding damage of packing of the Product's in transport, the Buyer draws up a protocol of damage via courier or postal worker while collecting the shipment of the ordered Product,

10. Immediately after receiving the protocol of damage or the notification of damage Whisbear.co.uk begins the process of complaint against the company delivering the product.

11. If the supplier will positively consider the complaint, then Whisbear.co.uk returns the entire amount the Buyer had paid within 7 working days of the decision. For the relevant rates see § 9. section 6-8 of this Terms and Conditions.

§ 10


Withdrawal from the contract

1. The provisions of this § 9 will be applied in case a Buyer is a Consumer, unless other provisions of the Terms and Conditions provide otherwise.
2. The consumer can withdraw the contract of sale without giving any reason within 14 days from the date of receiving the package which contains the Product. In case of exercising the right of withdrawal, agreement is regarded as not concluded. What the both parties testified, undergoes unchanged, unless a change was necessary in the ordinary management.
3. Statement of withdrawal from the contract should be made in writing and sent to the address indicated by Whisbear.com herein. A pattern statement of withdrawal from the contract is attached as Appendix 1 to the Terms and Conditions.
4. The returned Product has to be returned to the address Whisbear.com within 14 days from the date of submission of a statement of withdrawal from the contract. The returned Product may be sent back together with a statement of withdrawal from the contract.
5. The Customer's fulfilled benefit will be returned to the Customer by Whisbear.com within 14 days of receiving the statement of withdrawal from the contract.
6. If the Buyer makes a payment by credit card or electronic transfer, refund of benefits occurs appropriately to the card or bank account from which the payment was made. In case of payment by bank transfer or traditional payment on delivery, the provision will be returned to the bank account indicated by the Buyer in the statement of withdrawal or by postal order, depending on the wishes of the Buyer.
7. Whisbear.com is not responsible for failure or delay in reimbursement of the refund period, if the Consumer, despite a request sent to his e-mail, does not indicate the number of the bank account, to which payment is expected, or if Whisbear.com does not get all necessary data from the Consumer.
8. Whisbear.com is not responsible for failure to reimbursement or its delay, if this occurs because of that the Buyer has given incorrect personal data (name, address) or incorrect bank account number.
9. The provision referred in paragraph 5 above, deemed to be fulfilled by the Purchaser, through payment of the price for the purchased Product, as well as Buyer's payment of shipping with the proviso that shipping costs paid in connection with the return of the Product to Whisbear.com charges the Buyer.
10. The right to withdraw from the contract specified in this § 9, in accordance with Art. 11 paragraph. 3 of the Act of 02.03.2000. on Protection of certain consumer rights and liability for damage caused by a dangerous product is not being granted for:
a) individual orders, ie. those whose properties have been determined by the Consumer in his order, or closely associated with his person,
b) concerning audiovisual and visual recordings and recordings stored on data carriers after removing their original packaging by Consumer,
c) the provision of services commenced, with the Consumer agreement, before the expiry of 14 days from the date of conclusion of the contract,
d) contracts for services, for which the price or remuneration depends solely on price movements in the financial market
e) benefits, which because of their nature can not be returned or are subject to rapid deterioration,
f) delivery of press,
g) services relating to gambling.

§ 11

Privacy Policy

1.The administrator of Buyers' personal data is Zuzanna Sielicka-Kalczyńska conducting business under the name Zuzanna Sielicka-Kalczyńska with registered office on the street Zielona 32 , 02-913 Warsaw, NIP 5222457599, REGON 146973324, cell number: 509097501, e-mail: zuzanna@whisbear.com.
2. Personal data are protected in accordance with the Act of 29.08.1997. on Protection of Personal Data (Journal of Laws No. 101 of 2002., Pos. 926 as amended.) to prevent access by third parties.
3. The personal data are processed at Whisbear.com accordance with the Act of 29 August 1997. on Protection of Personal Data and Art. 16-22 of the Act of 18 July 2002. on Provision of services by electronic means, for the purposes of running a retail and service.
4. Creating a user account or placing a disposable order a Buyer agrees to place its personal data in the Whisbear.com's database and to process it for the purposes of the contract of sale of Products. Providing personal data by the Buyer is voluntary, but the lack of the consent to the processing prevents the completion of the contract.
5. Personal data of Buyers may be transferred to authorized entities to receive them under the applicable laws or in the case of non-payment of entitlements to the Whisbear.com, to entities conducting on its behalf of the proceedings relating to debt collection.
6. In the case the Buyer expresses an additional consent, its personal data will be processed by Whisbear.com to inform about new goods, promotions and services.
7. Buyers have the right at any time to inspect their personal data at any time, to rectify them and to demand their removal.

§ 12


Cookie policy
1. Whisbear.com uses cookies.
2. Cookies are computer data, especially text files that are stored in the terminal equipment of the Buyer or any other person using www.whisbear.com. Cookies contain among others the name of the website from which they come or their storage time on a terminal device or a unique number.
3. Using Whisbear.com the Buyer agrees to use cookies in accordance with the current browser settings.
4. Cookies are used to:
a) adapt Whisbear.com 's website content to Buyer's preferences and optimize the use of websites; in particular, these files allow you to recognize Buyer's device and accordingly display a web page tailored to its individual needs;
b) create statistics that help to understand how users use the web pages, which allows improving the quality of Whisbear.com;
c) maintain Buyer's session or any other person using the website www.whisbear.com (after logging in), so they do not have re-enter login and password on every subpage of the portal;
5. As part of Whisbear.com, there are two kinds of cookies: session cookies and persistent cookies. Session cookies are temporary files that are stored in Buyer's terminal equipment until logout, leaving the website or disconnection of the software (web browser). Persistent cookies are stored in Buyer's terminal equipment for the time specified in the parameters of cookies or until their removal by the Buyer.
6. As part of Whisbear.com the following types of cookies are used:
a) "essential" cookies enabling the use of the services available within the Whisbear.com, for example cookies used for services that require authentication within Whisbear.com;
b) "functional" cookies to enabling the Buyer or any other person using the website www.whisbear.com " memorization" chosen setting and personalization of the interface, for example in the range of language or region of origin of the person using the site www.whisbear.com, font size, website appearance, etc.;
c) "performance" cookies enabling collection of information about how users use the website Whisbear.com for forming statistics for Whisbear.com ;
d) "advertising" cookies enabling delivery of advertising content to people who use the site www.whisbear.com, more tailored to their interests.
7. In many cases, software used for browsing the web (browser) allows by default to store cookies in the terminal equipment of the Buyer or any other person using the site www.whisbear.com. Buyers may change the settings for cookies at any time. These settings can be modified in particular, in such a way to block the automatic handling of cookies in web browser or inform every time about its placing in the device of Buyer or any other person using the site www.whisbear.com. Detailed information about the possibilities and ways of handling cookies are available in the software settings (browser): Internet Explorer, Firefox, Opera, Chrome. Failure to change the settings on settings that block store of cookies on your web browser, is equivalent to consent to their saving.
8. Limiting the use of cookies may affect some features available on Whisbear.com.

§ 13


Final provisions
1. Any disputes that may arise between the Buyer and Whisbear.com will be resolved by the competent court in accordance with the provisions of the Act of 17 November 1964. - Code of Civil Procedure (Journal. Laws No. 43, item. 296 as amended).
2. In matters not covered by these Terms and Conditions shall apply generally applicable provisions of Polish law, in particular:
a) the Act of 23 April 1964. - Civil Code;
b) the Act of 27 July 2002. on specific conditions of consumer sale and amending the Civil Code;
c) the Act of 2 March 2000. on protection of certain consumer rights and liability for damage caused by a dangerous product;
d) the Act of 18 July 2002. on provision of services by electronic means;
e) the Act of 29 August 1997. on protection of personal data.
3. These Terms and Conditions are effective as from 14th April 2014.
4. Whisbear.com reserves the right to amend the Regulations. Updated Terms and Conditions, Whisbear.com makes available on the http://www.whisbear.com at least 7 days before the date of its entry into force. Any changes to the Rules shall enter into force on the date specified by Whisbear.com, but not less than seven days from the date of making them available on the http://www.whisbear.com. Orders placed before the date of entry into force of amendments to the Regulations will be implemented under the provisions in force at the date of their submission.
5.    Updated Terms binds the Buyer, if the requirements set out in Art. 384 of the Civil Code have been preserved, ie. Buyer has been duly notified about the changes and has not terminated the electronic service provision agreement that is continuous, provided by Whisbear.com within 14 days of notification.

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