Terms and conditions

§1 Definitions

1. Postal address – first and last name or name of institution, location in the city/town (if the city/town is divided into streets: street, building number, flat or premises number; if the city/town is not divided into streets: name of the city/town and property number), postal code and city/town.

2. Complaint address:

PLAYROOM - LOGISTICS DEPARTMENT
Minerska 71, 04-506 Warszawa

3. Delivery price list – available in Terms of delivery list of available deliveries and related costs.

4. Contact details:

SECRET PLACE
e-mail: sklep@secretplace.pl
telephone: 501 933 332

5. Delivery – type of transportation service along with specification of a carrier and costs listed in the delivery price list, available on Terms of delivery.

6. Purchase proof – invoice, bill or receipt issued in accordance with the act on VAT (GST) dated 11 March 2004, as amended, and other relevant rules of law.

7. Product data sheet – a single subpage of the store which contains information on a single product.

8. Customer – a natural person of full legal age and able to perform acts in law, legal entity or organizational unit without legal personality but able to perform acts in law which makes a purchase at the Seller’s related directly to its business activities or professional activities.

9. Civil code – the civil code act dated 23 April 1964, as amended.

10. Code of good practice – code of conduct, and in particular ethical and work standards, referred to in art. 2 point 5 of the act on combating unfair business practices dated 23 August 2007, as amended.

11. Consumer – a natural person of full legal age and able to perform acts in law, who makes a purchase at the Seller’s unrelated directly to its business or professional activities.

12. Cart – list of products drawn up from the products for sale on the basis of Buyer’s choices.

13. Buyer – both Consumer and Customer.

14. Goods release place – postal address or collection point specified in the order by the Buyer.

15. Goods release time – time at which the Buyer or a third person authorized to collect the goods takes possession of the goods.

16. Payment – form of payment for the subject of the agreement and delivery.

17. Consumer law – Act dated 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827)

18. Product – minimum and indivisible quantity of items which may be subject of the order and which is given in the Seller’s store as the unit of measure when specifying its price (price/unit).

19. Subject of the agreement – products and delivery being the subject of the agreement.

20. Subject of contractual obligations – subject of the agreement.

21. Collection point – goods release place not being the postal address, specified in the list disclosed by the Seller in the store.

22. Item/good – tangible good/item which may be or which is the subject of the agreement.

23. Store – online store available on secretplace.pl, by means of which the Buyer may place an order.

24. Seller:

PLAYROOM SPÓŁKA Z O.O.
Prosta 2/14, 00-850 Warsaw, Poland
EU VAT: PL5272898555 , REGON [business ID]: 383865269
BANK ACCOUNT NUMBER:  VeloBank 31 1560 0013 2028 4649 4000 0001

24. System – group of cooperating IT devices and software which assure processing and storing as well as sending and receiving data through ICT networks with the use of a final device adapted to the kind of network used, colloquially referred to as the Internet.

25. Delivery date –number of hours or working days listed in the product data sheet.

26. Agreement –agreement concluded out of the entrepreneur’s premises or remotely pursuant to the act on consumer rights dated 30 May 2014 for Consumers and sales agreement pursuant to the art. 535 of the civil code act dated 23 April 1964 for Buyers.

27. Defect – both a physical and legal defect.

28. Physical defect – lack of compliance of the item sold with the agreement, and in particular if the item:

28.1. is devoid of properties which the item of this sort should have due to the purpose specified in the agreement or arising from circumstances or intended use;

28.2. is devoid of properties assured by the Seller,

28.3. is not fit for the purpose which the Consumer communicated to the Seller when concluding the agreement, and the Seller failed to raise any objections to such intended use;

28.4. was delivered to the Consumer as an incomplete product;

28.5. in the event of wrong assembly and activation, if these operations were performed by the Seller or third party which the Seller is responsible for, or by the Consumer who followed the guidelines provided by the Seller;

28.6. is devoid of properties assured by the manufacturer or its representative or a person who markets the item under its own business, or a person who by placing its name, trademark or other distinctive sign on the item acts as the manufacturer, unless the Seller knew these assurances, could not have known or they could not have had any impact on the Consumer’s decision on conclusion of the agreement, or when their content was clarified before the conclusion of the agreement.

29. Legal defect – a situation in which the item sold is the property of a third party or is encumbered with third party’s right, as well as if the limitation of use or management of the item arises from the decision or ruling of the relevant body.

30. Order – the Buyer’s declaration of will submitted through the store and specifying explicitly the following: type and quantity of products; kind of delivery; form of payment; items release place, Buyer’s data, with a view to concluding the agreement by and between the Buyer and Seller.

§2 General terms

1. The agreement is drawn up in Polish, in accordance with the law of Poland and these terms and conditions.

2. The goods release place must be located in the territory of the Republic of Poland.

3. The Seller is obligated to render services and deliver items free of defects.

4. All prices given by the Seller are expressed in Polish currency and are gross prices (are VAT-inclusive). The product prices do not include the delivery costs referred to in the delivery price list.

5. All deadlines are counted in accordance with the art. 111 of the civil code, that is the deadline expressed in days ends upon expiration of the last day, and if the beginning of the deadline expressed in days is a certain event, the day on which the event occurred is not considered when calculating the deadline.

6. Confirming, disclosing, recording, securing all essential provisions of the agreement for the purposes of gaining access to this information in the future is possible in the following form:

6.1. confirmation of the order by sending the following to the e-mail address: order, pro forma invoice, information on the right to withdraw from the agreement, these terms and conditions in PDF, a template of form on withdrawal from the agreement in PDF, links to download the terms and conditions and template of withdrawal from the agreement;

6.2. attachment of the following hard copies to the order processed, sent to the specific items release place: purchase proof, information on the right to withdraw from the agreement, these terms and conditions, template of the form on withdrawal from the agreement.

7. The Seller informs about known guarantees granted by third parties for the products available in the store.

8. The Seller does not collect any charges/fees for communication with the Seller through remote means of communication, and the Buyer shall bear the costs as arises from the agreement concluded with the third party providing a service which allows remote communication to the benefit of the buyer.

9. The Seller assures to the Buyer who uses the system that the store works properly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with latest versions of JAVA and FLASH, on screens with the horizontal resolution of more than 1024px. The use of software of external companies which have an influence on operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store. For this reason, to use all functions of the store – secretplace.pl – all of them must be disabled.

10. The Buyer may take advantage of the possibility of remembering its data by the store in order to facilitate the order placement process. To do so, the Buyer should enter the login and password required to gain access to its account. The login and password are the series of characters arranged by the Buyer who is obligated to keep them secret and protect against undesired access of third parties. The Buyer may preview, correct, update the data as well as delete the store account at any moment.

11. The Seller adheres to the code of good practice.

§3 Conclusion and performance of the agreement

1. The orders can be placed 24 hours a day.

2. To place the order, the Buyer must undertake at least the following actions, some of which may be repeated many times:

2.1. add a product to the cart;

2.2. choose a type of delivery;

2.3. choose a form of payment;

2.4. choose the goods release place;

2.5. place the order in the store by using the key „I order and undertake to pay”.

3.The agreement with the Consumer is deemed concluded upon placement of the order.

4. Processing of the Consumer’s COD (cash on delivery) order is immediate, while the order paid by transfer or via electronic payment system is processed after the Consumer’s payment has been deposited into the Seller’s account.

5. The agreement with the Customer is deemed concluded upon acceptance of the order by the Seller who informs the Customer about it within 48 hours after placement of the order.

6. Processing of the Customer’s COD order takes place immediately after conclusion of the agreement, while the order paid by transfer or via electronic payment system after the conclusion of the agreement and after the Customer’s payment has been deposited into the Seller’s account.

7. Processing of the Customer’s order may be dependent upon complete or partial payment of the value of the order or trade credit at least with the value of the order or Seller’s approval to sending the order on a COD basis (cash on delivery).

8. The subject of the agreement is sent at the time specified in the product data sheet, and with regard to orders covering many products at the latest deadline specified in the product data sheets. The deadline commences upon processing of the order.

9. If the selected goods are available then the delivery time is from 1 to 7 working days and depends on the selected form of delivery.

10. The subject of the agreement purchased and the sales document selected by the Buyer are sent on the basis of the kind of delivery chosen by the Buyer to the goods release place specified by the Buyer in the order, along with attachments referred to in §2 point 6b.

§4 Right to withdraw from agreement

1. Based on the art. 27 of the consumer law, the Consumer is entitled to withdraw from the remote agreement for convenience and without bearing any costs, except for expenses listed in the art. 33, art. 34 of the consumer law.

2. The deadline for withdrawal from the remote agreement is 90 days upon items release, and to meet the deadline, the declaration must be sent before the expiration.

3. The declaration of withdrawal from the agreement may be filed by the Consumer in the form whose template has been included in the attachment no. 2 to the consumer law, in the form available on https://secretplace.pl/img/cms/formularz odstapienia od umowy Secret Place.pdf  or otherwise in writing in accordance with the consumer law.

4. The Seller excludes the possibility of filing the declaration of withdrawal from the agreement in any other form than in writing.

5. The Seller shall immediately send a confirmation message to the Consumer’s e-mail (entered when concluding the agreement and other if given in the declaration) stating it has received the declaration of withdrawal from the agreement.

6. In the event of withdrawal from the agreement, the agreement is deemed not concluded.

7. The Consumer is obligated to return the item to the Seller immediately, yet not later than within 14 days after the day on which it withdrew from the agreement. To meet the deadline, the item must be returned before the expiration.

8. The Consumer returns the items being the subject of the agreement from which it withdrew at its own cost and risk.

9. The Consumer shall not bear any costs related to delivery of digital contents which have not been recorded on the physical carrier, if it failed to given consent to fulfill the obligation before the deadline for withdrawal from the agreement or was not informed on the loss of its right to withdraw from the agreement upon declaration of such consent or the entrepreneur failed to deliver the confirmation in accordance with the art. 15 para. 1 and art. 21 para 1. of the consumer law.

10. The Consumer is responsible for reducing the value of items being the subject of the agreement and resulting from using it at variance with the method required to identify the nature, features and functions of the item.

11. The Seller shall return all payments made by the Consumer, including the costs of items delivery immediately and not later than within 14 days after receiving the declaration of withdrawal from the agreement filed by the Consumer, and if the Consumer chose the type of delivery other than the least expensive form of delivery provided by the Seller, the Seller shall not return the additional costs to the Consumer, pursuant to the art. 33 consumer law.

12. The Seller shall return the payment in the same way as made by the Consumer, unless the Consumer explicitly accepted other form of payment which does not entail any costs.

13. The Seller may refrain from returning the payment made by the Consumer until the items have been returned or until the Consumer has delivered the return proof, depending on which occurs earlier.

14. Pursuant to the art. 38 of the consumer law, the Consumer shall not be entitled to withdraw from the agreement:

14.1. when the price or remuneration depends on fluctuations on the financial market, which the Seller cannot control and which may occur before the deadline for withdrawal from the agreement;

14.2. when the subject of the service is a non-prefabricated item, manufactured in accordance with the consumer’s specification or serving to satisfy its own needs;

14.3. when the subject of the service is an item with a short shelf-life date or short use-by date;

14.4. when the subject of the service is an item delivered in a sealed packaging and which cannot be returned after opening the package due to health protection or for hygienic reasons, if the packaging has been opened after delivery;

14.5. when the subject of the service is an item which due to its nature is combined integrally with other items, after delivery;

14.6. when the subject of the service is sound recordings or visual recordings or PC software delivered in the sealed packaging, if the packaging has been opened after delivery;

14.7. on delivery of digital contents which are not saved on the physical carrier of the service performance commenced upon explicit approval of the Consumer before the deadline on withdrawal from the agreement and after informing it by the entrepreneur on loss of right to withdraw from the agreement;

14.8. on delivery of daily papers, periodical papers or magazines, except for subscription agreement.

§5 Warranty

1. Pursuant to the art. 558§1 of the civil code, the Seller completely excludes the liability towards Customers 1. on account of physical and legal defects (warranty).

2. The Seller shall be held responsible towards the Consumer on the terms specified in the art. 556 of the civil code and further for defects (warranty).

2.1. file a declaration of demand for price reduction;

2.2. file a declaration of withdrawal from the agreement;

3. In the case of the agreement with the Consumer, if the physical defect is detected within the year after the items have been released, it is acknowledged that it occurred at the moment when the danger was transferred into the Consumer.

4. If the item sold is defective, the Consumer may do the following:

4.1. file a declaration of demand for price reduction;

4.2. file a declaration of withdrawal from the agreement;

unless the Seller, immediately and without excessive inconvenience for the Consumer, can replace the defective item with the item free from defects or remove the defect. If the item has already been replaced or repaired by the Seller or the Seller fulfilled the requirements related to replacement of the item into defect-free item or removal of defect, it shall not be entitled to replace the item or remove the defect.

5. Instead of removal of defect suggested by the Seller, the Consumer may demand replacement of the item into the item free from defects or instead of replacement may demand removal of the defect, unless it is impossible to restore the condition of the item so that it complies with the agreement in the way specified by the Consumer or when it would require extensive costs when compared to the way suggested by the Seller; however when assessing the extensiveness of costs, it is necessary to take into account the value of defect-free item, type and significance of the defect, as well as inconveniences which would harm the Consumer in case of other type of compensation.

6. The Consumer may not withdraw from the agreement if the defect is insignificant.

7. If the item sold is defective, the Consumer may also do the following:

7.1. demand replacement of the item with a defect-free item;

7.2. demand removal of the defect.

8. The Seller is obligated to replace the defective item with a defect-free item or remove the defect at a reasonable time without extensive inconvenience for the Consumer.

9. The Seller may refuse to fulfill the Consumer’s demand if it is impossible to restore compliance of the defective item with the agreement in the way chosen by the buyer or in comparison to the second potential way of restoring compliance with the agreement would entail excessive costs.

10. If the defective item has been assembled, the Consumer may require the Seller to disassemble it and assemble again after the item has been replaced with a defect-free item or after the defect has been removed, yet it is obligated to incur part of related costs exceeding the price of the item sold or may require the Seller to pay part of the costs related to disassembly and another assembly, to the value of the item sold. In the event of a failure to fulfill the obligation by the Seller, the Consumer shall be entitled to perform these operations at the Seller’s cost and risk.

11. The Consumer who exercises rights arising from warranty is obligated to deliver the defective item to the complaint address at the Seller’s cost, and if due to the nature of the item or method of assembly the delivery of the item by the Consumer is highly hindered, the Consumer is obligated to hand over the item to the Seller in the place in which the item is stored. In the event of a failure to fulfill the obligation by the Seller, the Consumer shall be entitled to return the items at the Seller’s cost and risk.

12. The costs related to replacement or repair shall be incurred by the Seller, except for the situation referred to in §5 point 10.

13. The Seller is obligated to take over the defective item from the Consumer in case of replacement of the item into defect-free item or withdrawal from the agreement.

14. Within the period of fourteen days, the Seller shall address the following:

14.1. declaration of price reduction demand;

14.2. declaration of withdrawal from the agreement;

14.3. demand for replacement of the item with a defect-free item;

14.4. demand for removal of defect.

Otherwise, it is deemed that it has acknowledged the Consumer’s declaration or demand as justified.

15. The Seller is held responsible on accounts of warranty if the physical defect is detected within two years after the item has been released to the Consumer, and if the subject of the sale is the second-hand item – within a year after the item has been released to the Consumer.

16. The Consumer’s claim for removal of the defect of replacement of the item sold with a defect-free item comes under a one-year statute of limitations counting from the detection of the defect, yet not earlier than within two years after the item has been released to the Consumer; if the subject of the sale is the second-hand item – within a year after the item has been released to the Consumer.

17. When the item’s use-by date, specified by the Seller or manufacturer, is two years after the item has been released to the Consumer, the Seller shall be held responsible on accounts of the warranty for physical defects of this item identified before this period expires.

18. Following the deadlines stipulated in §5 point 15-17, the Consumer may file a declaration of withdrawal from the agreement or reduction of the price due to the physical defect of the item sold, and if the Consumer demanded replacement of the item with a defect-free item or removal of the defect, the time limit for declaration of the withdrawal from the agreement or reduction of the price runs from the moment of ineffective expiry of the term of item replacement or removal of defect.

19. If one of the rights arising from warranty is pursued in court or arbitration court, the deadline for other rights assigned to the Consumer shall be suspended until the final termination of the proceedings. It is necessary to adhere to the mediation proceedings too, yet the deadline for other rights arising from warranty assigned to the Consumer shall start running from the day of withdrawal by the court of approval of the agreement concluded before the arbitrator or ineffective termination of mediation.

20. To exercise rights arising from the warranty for legal defects of the item sold, §5 point 15-16 shall apply, yet the deadline starts running on the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect as a result of the third party’s action, from the day on which the ruling issued in the dispute with the third party became final and binding.

21. If the Consumer filed a declaration of withdrawal from the agreement or reduction of price due to defect of the item, it may demand compensation for damage incurred due to conclusion of the agreement, not knowing about the existence of defect, although the damage resulted from circumstances which the Seller was not responsible for, and in particular may demand return of the agreement costs, collection costs, transportation costs, storage costs and insurance costs, return of the expenses in the respect in which it gained no benefits or received any return from the third party and proceeding costs return, without prejudice to regulations on obligation to redress a damage on general terms.

22. Expiry of any term for identification of defect does not exclude the rights on accounts of warranty if the Seller hid the defect deceitfully.

23. As long as it is obligated to provide services or financial services to the benefit of the Consumer, the Seller shall act without undue delay, not later than until the deadline stipulated by law.

§6 Privacy policy and cookis policy

§7 Final provisions

1. None of the provisions of these terms and conditions aims at violating the Buyer’s rights. It can neither be interpreted in this way because in case of non-compliance of any part of the terms and conditions with the applicable law, the Seller declares to abide by and follow this law completely in place of the questioned provision of the terms and conditions.

2. Any changes to the terms and conditions and their scope will be communicated to Buyers by electronic means (to the e-mail specified when registering or ordering). The notification will be sent at least 30 days before the new terms and conditions come into force. The changes will be made in order to adjust the terms and conditions to the applicable rules of law.

3. A current version of the terms and conditions is always available for the Buyer in the tab – terms and conditions. When the order is processed and throughout the after-sale service period, the Buyer shall be bound by the terms and conditions accepted by the Buyer when placing the order. Except for the situation in which the Consumer finds it less beneficial from the current variant and informs the Seller about choosing the current version as the applicable.

4. To all matters not settled herein, the applicable rules of law shall apply. Any disputes, if the Consumer wishes to, shall be resolved by way of mediation or arbitration court. If the dispute cannot be settled in the aforesaid ways, the competent court of proper type and venue shall resolve the case.

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Update January 10, 2020