Terms and conditions

Translation of the Polish store terms effective from 1 January 2023. Polish text and archived terms applicable until 31 December 2022.

§ 1. General provisions

1. The www.smilesonic.com Store operates under these Terms.
2. These Terms define the conclusion and termination of Product Sales Agreements, complaints procedures, the types and scope of electronic services, the rules for providing them and the conclusion and termination of electronic services agreements.
3. Every Service Recipient must comply with these Terms when taking steps to use the Store’s Electronic Services.
4. Matters not covered are governed by the Polish Acts on the Provision of Electronic Services of 18 July 2002, Consumer Rights of 30 May 2014, Out-of-court Resolution of Consumer Disputes of 23 September 2016, the Civil Code of 23 April 1964 and other applicable Polish law.

§ 2. Definitions

1. TERMS: these Store terms and conditions.
2. STORE: the Service Provider’s online store at www.smilesonic.com.
3. ELECTRONIC SERVICE: a service provided electronically by the Service Provider to the Service Recipient through the Store.
4. REGISTRATION FORM: the website form for creating an Account.
5. ACCOUNT: resources in the Service Provider’s IT system identified by an individual login and password, containing the Service Recipient’s data and Order information.
6. ORDER FORM: the website form for placing an Order.
7. REVIEW SYSTEM: the Electronic Service allowing Customers to post Product reviews.

8. SELLER / SERVICE PROVIDER: Smilesonic Spółka z ograniczoną odpowiedzialnością, entered in the register of entrepreneurs by the District Court Szczecin-Centrum in Szczecin, XIII Commercial Division of the National Court Register, KRS 0000857918, share capital PLN 5,000, place of business: ul. Sienna 9, 70-542 Szczecin, correspondence address: ul. Łukasińskiego 110, 71-215 Szczecin, NIP 8513251527, REGON 386916949, email [email protected], telephone 516 446 370.

9. SERVICE RECIPIENT: a natural person, legal person or organisational unit without legal personality but with legal capacity granted by law, using an Electronic Service.
10. CUSTOMER: a Service Recipient intending to conclude or having concluded a Sales Agreement.
11. CONSUMER: a natural person entering a legal transaction with a trader that is not directly related to their business or professional activity.
12. ENTREPRENEUR: a natural person, legal person or organisational unit with legal capacity conducting business or professional activity in its own name.
13. PRODUCT: a movable item or service available in the Store and subject to a Sales Agreement.
14. SALES AGREEMENT: a Product sales contract concluded between Customer and Seller through the Store.
15. ORDER: the Customer’s declaration offering to conclude a Product Sales Agreement.
16. PRICE: the monetary value payable to the Seller for a Product.

§ 3. Products and ordering

1. The Store sells Products online.
2. Products are new, conform to the contract and have been lawfully placed on the Polish market.
3. Website information is not an offer within the meaning of law. An Order is the Customer’s offer to buy the specified Product on the terms in its description.
4. Displayed Prices are in Polish zloty (PLN), include all components including VAT, and exclude delivery.
5. The Price displayed when an Order is placed is binding and is not affected by later price changes.

6. The Seller clearly informs Customers about unit Prices, promotions and reductions. Alongside a reduction it shows the lowest Price in the preceding 30 days, or, if the Product has been offered for less than 30 days, the lowest Price since it was first offered until the reduction.

7. Orders may be placed through the Order Form at any time throughout the year, by email to [email protected] or by telephone at +48 516 446 370.
8. An Account is not required to order.
9. Customers must read and accept these Terms when ordering.
10. Orders are processed Monday–Friday during Store working hours, 09:00–17:00 on working days. Orders placed after 13:00 on working days or on Saturdays, Sundays or public holidays are considered on the next working day.
11. Promotional or clearance stock is limited; Orders are fulfilled in the order received until stock runs out.

§ 4. Conclusion of a Sales Agreement

1. The Customer must first place an Order by a method provided by the Seller, under § 3(7) and (9).
2. The Seller promptly confirms receipt.
3. That confirmation binds the Customer to the Order and is sent by email.
4. It contains confirmation of all essential Order elements, a withdrawal form and these Terms including withdrawal instructions.
5. The Sales Agreement is concluded when the Customer receives that email.
6. Each Sales Agreement is confirmed by proof of purchase enclosed with the Product and/or emailed to the address in the Order Form.

§ 5. Payment methods

1. The Seller offers bank transfer, electronic payment systems (PayPal.com, iMoje, Twisto, BLIK) and cash on delivery.
2. Bank transfers are payable to account 27 1050 1559 1000 0090 8102 9671, ING Bank Śląski S.A., Smilesonic Sp. z o.o., ul. Sienna 9, 70-542 Szczecin, NIP 8513251527. Enter “Zamówienie nr …” (Order no. …) as the reference.
3. Electronic payments are made before processing begins. The system supports credit cards or instant transfers from selected Polish and/or foreign banks.
4. Cash-on-delivery parcels are sent after address verification. The Customer must pay and accept delivery.
5. Payment is due within seven working days of concluding the agreement unless it provides otherwise.
6. With methods 1.1 (bank transfer) and 1.2 (electronic payment), shipment takes place only after payment.

§ 6. Delivery costs, times and methods

1. Delivery costs borne by the Customer are determined during ordering and depend on the chosen payment and delivery methods.
2. Delivery time comprises preparation and carriage:
2.1. preparation takes one to two working days from crediting the Seller’s account, successful electronic payment authorisation or acceptance for processing of a cash-on-delivery Order;
2.2. carriage takes the period declared by the carrier, namely one to two working days from dispatch, excluding Saturdays, Sundays and public holidays.
3. Products are sent by Poczta Polska or InPost parcel lockers.

§ 7. Product complaints

1. Manufacturer’s warranty

1.1. All Products have a manufacturer’s warranty valid in Poland.
1.2. The warranty lasts 24 months from delivery.
1.3. A warranty card or proof of purchase establishes entitlement.
1.4. The warranty card supplied with the Product or available on the Store website identifies the guarantor, covered goods, duration, conditions and Customer rights.
1.5. The warranty does not exclude statutory Consumer rights or those of persons under § 10 concerning non-conformity under the Consumer Rights Act.

2. Complaints

2.1. The Seller’s liability for non-conformity towards Consumers and persons under § 10 is governed by the Consumer Rights Act of 30 May 2014.
2.2. Statutory defect liability towards Entrepreneurs under § 9 is governed by the Civil Code of 23 April 1964.
2.3. The Seller is liable to Consumers and persons under § 10 for non-conformity existing at delivery and revealed within two years, unless a longer shelf life was specified by the Seller or persons acting on its behalf.
2.4. Notify non-conformity and the requested remedy by email to [email protected] or in writing to ul. Łukasińskiego 110, 71-215 Szczecin.
2.5. Include as much information as possible, especially the type and date of the problem and contact details, to facilitate assessment.
2.6. The Consumer or person under § 10 must make the Product available for assessment; the Seller collects it at its own expense.
2.7. The Seller responds promptly, no later than 14 days after receipt.
2.8. Failure to respond to a Consumer or person under § 10 within 14 days is deemed acceptance.

2.9. The Customer may initially request replacement or repair. A reduction or withdrawal is available only in the cases specified by the Consumer Rights Act, including significant non-conformity, refusal to bring goods into conformity or continuing non-conformity despite an attempt to remedy it.

2.10. For a justified complaint from a Consumer or person under § 10, the Seller, as applicable: covers replacement and redelivery costs; covers repair and redelivery costs; reduces the Price proportionately to the value of conforming versus non-conforming goods and refunds the reduction within 14 days of receiving a valid declaration; or, upon valid withdrawal, refunds the Price within 14 days of receiving the goods or proof of return. In the latter case the goods must be returned promptly at the Seller’s expense.
2.11. The response is supplied on paper or another durable medium, such as email or SMS.

§ 8. Right of withdrawal

1. Subject to point 10, a Consumer or person under § 10 may withdraw from a distance contract without a reason within 14 days by sending the appropriate declaration; sending the Store’s withdrawal form within that period is sufficient.
2. The agreement is then treated as not concluded. The Product must be returned promptly, no later than 14 days after withdrawal, to the Seller or its authorised recipient unless the Seller offers collection. Dispatch before the deadline is sufficient.
3. Return to ul. Łukasińskiego 110, 71-215 Szczecin.
4. The Consumer or person under § 10 is liable for diminished value caused by handling beyond that necessary to establish the Product’s nature, characteristics and operation, unless the Seller failed to provide withdrawal instructions, the deadline and model form. Products should be handled and examined as they could be in a physical shop.

5. Subject to points 6 and 8, the Seller refunds the Product Price and delivery costs using the original payment method unless another cost-free method is expressly agreed. Subject to point 7, the refund is made promptly and within 14 days of receiving the withdrawal declaration.
6. Costs above the Store’s least expensive ordinary delivery method need not be reimbursed.
7. Unless collection was offered, the Seller may withhold reimbursement until receipt of the goods or evidence of their return, whichever occurs first.
8. The withdrawing Consumer or person under § 10 bears only the cost of returning the Product.

9. The 14-day period begins:
9.1. for a Product ownership-transfer contract, when the Consumer, person under § 10 or their designated third party other than the carrier receives it;
9.2. for separate Products, lots or parts, upon receipt of the last one;
9.3. for regular deliveries over a fixed period, upon receipt of the first Product;
9.4. for other contracts, on conclusion.

10. There is no right of withdrawal for:
10.1. non-prefabricated goods made to the Consumer’s specifications or individual needs;
10.2. sealed goods unsuitable for return for health or hygiene reasons if unsealed after delivery;
10.3. goods inseparably mixed with other items after delivery because of their nature;
10.4. paid services fully performed with the Consumer’s express prior consent and acknowledgment that the right would be lost after full performance;
10.5. goods liable to deteriorate rapidly or with a short expiry date.
11. Both Seller and Customer may withdraw if the other party fails to perform within a strictly specified deadline.

§ 9. Provisions for business Customers (B2B)

1. This section applies only to Entrepreneurs not protected under § 10.
2. The Seller may withdraw from an agreement with a non-Consumer within 14 working days of conclusion, without a reason and without creating claims against the Seller.
3. The Seller may restrict payment methods for non-Consumers and require partial or full prepayment regardless of the method chosen or prior conclusion of the agreement.
4. Benefits, burdens and the risk of accidental loss or damage pass to the non-Consumer when the Seller hands the Product to the carrier. The Seller is not liable for loss, shortage, damage during carriage or delay.
5. Non-Consumers must inspect the shipment in the customary manner and time and take the steps needed to establish carrier liability if loss or damage is found.
6. The Service Provider may terminate an Electronic Service agreement with a non-Consumer immediately and without a reason by sending a termination declaration.

§ 10. Entrepreneurs with Consumer rights

1. A sole trader (not a commercial company) is protected under the Consumer Rights Act if the agreement relates directly to their business but is not professional in nature for them, particularly in view of the business activity they conduct.
2. Protection covers only unfair terms, liability for Product non-conformity, distance-contract withdrawal and rules for digital content or services.
3. Protection does not apply to a professional agreement, assessed using the trader’s entry in Poland’s Central Register and Information on Economic Activity, particularly its activity classification codes.
4. These traders do not receive institutional Consumer protection from district consumer ombudsmen or the President of UOKiK.

§ 11. Types and scope of Electronic Services

1. The Store enables Product Sales Agreements, Accounts and the Review System.
2. Services are provided under these Terms.
3. Advertising may be placed on the website and forms an integral part of the Store and its materials.

§ 12. Electronic Service conditions and agreements

1. The services in § 11(1) are free of charge.
2. Duration:
2.1. the ordering service lasts until the Order is placed or abandoned;
2.2. an Account agreement is indefinite and begins when the completed Registration Form is submitted;
2.3. a Review System agreement lasts until the review is posted or the service is abandoned.
3. Requirements: an internet-connected computer or mobile device, email access, a browser, and enabled cookies and JavaScript.
4. Users must act lawfully and in accordance with good practice, respecting third-party personal and intellectual property rights.
5. Information supplied must be accurate.
6. Unlawful content is prohibited.

§ 13. Electronic Service complaints

1. Send complaints to [email protected].
2. Include as much relevant information as possible, particularly the type and date of the problem and contact details, to facilitate assessment.
3. Complaints are considered promptly and within 14 days of submission.
4. The response is sent to the supplied email or by another method specified by the user.

§ 14. Termination of Electronic Service agreements

1.1. An ongoing indefinite agreement (Account) may be terminated.
1.2. The user may terminate immediately without a reason by emailing [email protected] or deleting the Account.
1.3. The Service Provider may terminate for breach, particularly unlawful content, after an unsuccessful request to stop within a reasonable deadline. The agreement ends seven days after the termination declaration.
1.4. Termination ends the relationship prospectively.
2. The parties may terminate by mutual agreement at any time.

§ 15. Intellectual property

1. Website content is copyright-protected and, subject to point 3 and user content used under licence, copyright transfer or permitted use, belongs to Smilesonic Spółka z ograniczoną odpowiedzialnością, registered by the District Court Szczecin-Centrum in Szczecin, XIII Commercial Division of the National Court Register, KRS 0000857918, share capital PLN 5,000, ul. Sienna 9, 70-542 Szczecin, correspondence: ul. Łukasińskiego 110, 71-215 Szczecin, NIP 8513251527, REGON 386916949. Users are fully liable for damage resulting from unauthorised use.
2. Use of any website element without express written permission infringes the Service Provider’s copyright and entails civil and criminal liability.
3. Trade names, Product names, company names and logos belong to their owners, are used for identification and may be registered trademarks. Materials, descriptions and photographs are provided for information.

§ 16. Final provisions

1. Store contracts are concluded under Polish law.
2. If any provision conflicts with applicable law, the relevant Polish law applies instead.
3. Disputes are first addressed through negotiations aiming at amicable resolution, taking the Act on Out-of-court Resolution of Consumer Disputes into account. If this is impossible or unsatisfactory, the competent ordinary court decides under point 4.
4.1. Consumer disputes and those involving persons under § 10 go to courts competent under the Code of Civil Procedure of 17 November 1964.
4.2. Disputes with non-Consumers under § 9 go to the court competent for the Service Provider’s registered office.

5. Consumers may seek out-of-court resolution after the complaint procedure, particularly mediation or arbitration. The source Terms refer to the application at http://www.uokik.gov.pl/download.php?plik=6223 and the list of permanent consumer arbitration courts at http://www.uokik.gov.pl/wazne_adresy.php#faq596. Free assistance is also available from a district or municipal consumer ombudsman or a consumer-protection organisation. Out-of-court pursuit of claims after the complaint procedure is free.
6. The source Terms also refer to the ODR platform at http://ec.europa.eu/consumers/odr/ for amicable dispute resolution.