§1 BASIC INFORMATION

The EGZOTIC-ROOM.COM online store, operating at www.egzotic-room.com, is run by EGZOTIC ROOM Sp. z o.o. with its registered office in Plewiska, ul. Grunwaldzka 482, 62-064 Plewiska, NIP: 7773340612, REGON: 38172967400000, entered into the National Court Register (KRS) under the number: 0000756322, referred to as the “Store” for the purposes of these Regulations. Below you will find information about all the conditions and rules that apply when you buy at EGZOTIC-ROOM.COM. The Regulations set out the rules for the provision of electronic services by the Store to customers, consisting in enabling them to conclude online contracts for the sale of goods in the Store’s assortment for the prices given on the relevant Store subpages and to create their Account.

The store offers the following types of Electronic Services:

1) The online store, operating through the website www.egzotic-room.com, under which the Customer concludes a distance sales contract, the parties are informed about the sale by means of automatically generated e-mail, and the performance of the contract (in particular the delivery of the Goods) takes place outside Internet;

2) Newsletter, consisting of sending by the Seller to the Customer’s e-mail address, electronic messages containing information about the Website, including new products or promotions in the Store;

3) Giving opinions (commenting), consisting in enabling the Seller to place on the Store’s website individual and subjective statements of the Customer, including those regarding service or Goods.

4) The Seller provides Electronic Services in accordance with the Regulations.

5) The technical condition of using the Store is the Customer’s possession of a computer or other devices enabling browsing the Internet, appropriate software (including a web browser), Internet access and a current and active e-mail account.

6) The Customer is prohibited from providing illegal content.

7) Using the Store may be associated with threats typical of Internet use, such as spam, viruses, hacker attacks. The seller undertakes actions to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, including antivirus and identity protection programs using the Internet.

8) Conclusion of the contract for the provision of Electronic Services takes place via the Store via the Internet. The Customer may at any time terminate the use of Electronic Services by leaving the Store or by deleting the Customer’s account. In this case, the contract for the provision of Electronic Services terminates automatically without the need to submit additional statements by the parties.

9)  It is not possible to use the Store anonymously or using a nickname.

§2 PRICES

The price given next to the Good at the time the Customer places the order is binding on the Parties. All prices of Goods posted on the EGZOTIC-ROOM.COM website are given in Polish zlotys and include value added tax (VAT).

§3 RULES FOR PAYMENT FOR GOODS

1) The Customer may choose the following payment methods for the ordered Goods:

a) Payment in cash upon receipt of the Good;

b) Payment via internet transfer to a bank account;

c) payment through the PayU service

2) If you choose to pay by bank transfer, the following data should be used for its implementation: EGZOTIC ROOM Sp. z o.o., ul. Grunwaldzka 482, 62-064 Plewiska, bank account number: 25105015201000009080463996 (ING BANK ŚLĄSKI). In the title of the transfer, please enter: name and surname or order number.

3) The possibility of paying for the ordered Goods by cash transfer or issuing a check is excluded. EGZOTIC ROOM Sp. z o.o. are not responsible for the loss of funds transferred by the Customer in the manner specified in the previous sentence.

4) Depending on the payment method chosen by the Customer:

a)  In the case of cash payment upon receipt of the Good, the amount due for the Good is collected during delivery of the Good;

b) In the case of payment by bank transfer to a bank account, the amount due for the Goods is collected as advance payment, which means that the ordered Goods are sent after receiving the payment; the maximum waiting time for payment is 7 days from the date of the Sale Agreement – after its expiry, the Store obtains the right to withdraw from the Sale Agreement, without having to set an additional deadline for making the payment by the Customer.

c) In the case of payment via the PayU service, the amount due for the Goods is collected as advance payment, which means that the ordered Goods are sent after receiving the payment; the maximum waiting time for payment is 7 days from the date of the Sale Agreement – after its expiry, the Store obtains the right to withdraw from the Sale Agreement, without having to set an additional deadline for making the payment by the Customer.

5) Until the Customer pays the full amount for the ordered Goods, he remains the property of the Store.

§4 CONCLUSION OF THE CONTRACT

1) The condition to start using the Store is to read these Regulations and accept them.

2) Orders from customers are accepted via the EGZOTIC-ROOM.COM website after completing the entire ordering process on the website. As part of the ordering procedure, the Customer performs, in particular:

a) Selection of ordered Goods;

b) Marking the delivery address and payment method;

c) Placing an order;

d) Payments for the order or the option of cash payment upon receipt of the Good.

3) When placing an order, the Customer has the option of checking, correcting and confirming all data (e.g. name, surname, address, form of payment, assortment and quantity of the Goods ordered) entered in the order form.

4) Submit an order:

a) It is possible after agreeing to the terms of the Regulations and after confirming that you have read the possibility of withdrawing from the Sales Agreement;

b) The customer selects goods in the store by selecting their quantity, and then clicking the “Add to basket” icon next to the goods. The goods in the basket are not yet ordered and the customer has the option of adding more goods to the basket, removing the goods there, as well as giving up shopping. Then the Customer should click “Go to checkout”.

c) At this stage, the customer should provide their address details, select the delivery method and the payment method associated with it. The summary will indicate information about the delivery method and the chosen payment method, as well as their cost. The amount to be paid (order value) will also be updated by adding the payment for selected forms of payment and delivery.

d) If the Customer does not have an Account, then he or she can create it by filling out the registration form and providing address details. This form constitutes the Seller’s offer addressed to the Customer regarding the conclusion of the Account creation agreement. It is forbidden to add illegal content in the form, in particular personal data of third parties who have not authorized the creation of an Account on their behalf.

e) Then confirm the order by clicking “Buy and Pay”. By clicking this button, the Customer accepts the Seller’s offer referred to in the above paragraph and results in the conclusion of the sales contract between the Customer and the Seller.

f) If you choose the payment method: Paypal, after clicking “Proceed to Paypal”, the customer will be redirected to the website of the entity making online payments. Payments are made on the basis of the regulations available on the website of the entity making online payments.

4) Immediately after placing the order by the Customer, an email containing the content of the order will be sent to the Customer’s mailbox.

5) To cancel an order, the Customer should contact the Store by telephone at (+48) 727 53 53 53 or by e-mail to the address – reklamacje@egzotic-room.com. If the Goods have not yet been prepared for shipment, the Store may agree to cancel the order.

6) The data provided by the Customer as part of the order is stored and processed by the Store, in accordance with the Personal Data Protection Act (until May 24, 2018), the Act on the provision of electronic services, as well as other provisions in force on the territory of the Republic of Poland regulating data processing , including Regulation (EU) 2016/679 of the EP and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (from 25 May 2018). Providing personal data by the Customer is voluntary, however, their processing is necessary to complete the order, including establishing, shaping the content, changing, terminating and settling the Sales Agreement. The customer is responsible for providing incorrect data. More information on the processing of personal data can be found in the Privacy Policy.

§5 AVAILABILITY

1) If you place an order before 12:00 on business days, shipments are usually delivered the next day in Poland. There are places in the country that couriers do not reach every day, in this case the delivery time may be longer.

2) In the case of shipments abroad, the delivery time may be from 2 to 6 days in Europe and up to 30 days in the case of shipment to Asia, USA, Australia.

3) Delivery times may vary for each ordered item. Check each product for approximate delivery time.

4) By default, the waiting time is given in business days, weekends and holidays are not carried out.

§6 DELIVERY

1) Delivery is carried out by courier. As a standard, deliveries are made to the destination and issued after presenting the ID card and checking the tracking number.

2) The store indicates that:

a) When the Goods are released to the Customer or the carrier, the Customer receives the benefits and burdens associated with the Goods as well as the risk of accidental loss or damage to the Goods. When selling to the Consumer, the risk of accidental loss or damage to the Good shall pass to the Consumer as soon as the Good is released to the Consumer. The release of the Goods is deemed to have been entrusted by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer;

b) Acceptance of a shipment with the Goods by the Customer without reservation shall result in the expiration of claims for loss or damage in transport, unless:

I) The damage was confirmed by protocol before accepting the parcel;

II) Such a statement was abandoned due to the fault of the carrier;

III) The loss or damage resulted from the willful misconduct or gross negligence of the carrier;

IV) The damage could not be seen from the outside, the authorized person found after accepting the parcel and within 7 days demanded to determine its condition and proved that the damage occurred in the time between accepting the parcel for transport and its release

3) THE STORE DOES NOT REALIZE LIVING ANIMAL SHIPMENTS. THIS DISCLAIMER APPLIES TO VERTEBRATE ANIMALS.

PICK UP ONLY PERSONAL at Plewiska ul. Grunwaldzka 482

4) Shipments of invertebrate animals are carried out only in accordance with applicable regulations.

§7 RIGHT TO WITHDRAW FROM THE CONTRACT

1) The provisions of this Section VII apply only to Customers who have the status of consumer, i.e. are natural persons who perform legal acts not directly related to their business or professional activity (the “Consumer”).

2) The consumer may withdraw from the Purchase Agreement (concluded at a distance) without giving any reason within 14 (fourteen) days from the date of receipt of the Goods by the Consumer or indicated by the Consumer third party other than the carrier, in the case of the Sales Agreement, which includes a lot of goods that are delivered separately, in batches or in parts – within 14 (fourteen) days from the date of taking possession of the last Good, batch or part. To meet the deadline for withdrawing from the Sales Agreement, it is enough to send a statement before the 14-day deadline.

3) The right of withdrawal from the Sales Agreement is exercised by submitting a declaration of will to withdraw. This statement may be:

a)  Prepared in writing and sent to the following address: EGZOTIC ROOM Sp. z o.o., ul. Kasztanowa 11, 62-085 Skoki. At www.egzotic-room.com there is a Form of withdrawal statement;

b) Prepared in electronic form based on the statement form on Withdrawal Form from the Sales Agreement available on the website www.egzotic-room.com and sent to the email address: reklamacje@egzotic-room.com In the event of submitting a statement on withdrawal from the Sales Agreement in such way, the consumer will receive an email confirmation of receipt of this statement.

4) In the event of exercising the right to withdraw from the Sales Agreement, the Consumer is obliged to return the Goods to the following address: EGZOTIC ROOM Sp. z o.o., ul. Kasztanowa 11, 62-085 Skoki, no later than within 14 days from the day on which the Consumer withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods before the deadline, preferably with the note “Withdrawal from the contract”. The consumer bears the direct cost of returning such Good (shipping costs related to the return of Good).

5) The Store is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Sales Agreement, return to the Consumer payments for the Goods paid to the Consumer together with the costs of the cheapest offered method of delivery. The agent will refund the payment using the same method of payment that the Consumer used, unless the Consumer agrees to a different method of return that does not involve any costs for him.

6) The consumer is responsible for reducing the value of the Good as a result of using the Good in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.

§8 LIABILITY AND COMPLAINTS

 1) The customer has the right to expect that the Goods he receives have no physical or legal defects. It is the Customer’s responsibility to collect and pay for the Goods.

2) Customer has the right to lodge a complaint, if the product has a defect natural or legal person (warranty). These defects will be removed on the basis of art. 556 et seq. Of the Civil Code on liability under warranty for defects.

3) The complaint may be made in electronic form based on the complaint form and sent by e-mail to the address: reklamacje@egzotic-room.com or made in writing and sent to the following address: EGZOTIC ROOM Sp. z o.o., ul. Kasztanowa 1162-085 Skoki.

4) All questions regarding the complaint can be sent by e-mail to the following address: reklamacje@egzotic-room.com, in writing to the following address: EGZOTIC ROOM Sp. z o.o., ul. Kasztanowa 11 62-085 Skoki or by calling (+48) 691 54 03 57, from Monday to Friday between 10.00-16.00.

5) The customer who exercises the warranty rights is obliged to deliver the defective Goods to the Store to the following address: EGZOTIC ROOM Sp. z o.o., ul. Kaztanowa 11 62-085 Skoki with a description of the reason for the complaint. The costs related to sending the advertised Goods by the Customer shall be returned to the Customer immediately after the complaint has been accepted. When making a complaint, the Customer may use the complaint form available on the EGZOTIC-ROOM.COM website, stating in its content the reason for the complaint.

6) Complaints are considered within 14 (fourteen) business days from the date of receipt of the complaint by the Store, about which the Customer will be notified via e-mail to the e-mail address provided by the Customer.

7) Damages during transport: Visible damages or missing elements of the package should be reported directly to the courier at the time of receipt. If the damage is not visible at first glance, please send a complaint to EGZOTIC-ROOM.COM in writing, no later than 5 days after receiving the package.

§9 WARRANTY

1) We provide a standard one-month warranty on all products purchased from EGZOTIC-ROOM.COM, regardless of their condition, provided that no other information is provided during the purchase. This warranty covers manufacturing defects not disclosed at the time of purchase, only after documenting that the item bought from EGZOTIC-ROOM.COM was installed by specialized employees.

2) At any time covered by the warranty, we provide a replacement product of a comparable standard or refund purchase costs in the EGZOTIC-ROOM.COM store.

§9 NOT PICKED UP PACKAGES

Purchase of goods and ordering shipment with payment on delivery is equivalent to the conclusion of a civil contract. Knowingly not collecting a parcel in the light of the law and the Civil Code is a violation of the civil contract, which results in the application of Article 551 of the Civil Code and the initiation of proceedings to recover the amount due.

§10 PERSONAL DATA

1) The administrator of the personal data of the Store User is EGZOTIC ROOM Sp. z o.o. with its registered office in Plewiska in accordance with the General Data Protection Regulation of 27 April 2016 (“GDPR”).

2) Personal data of Store Users are processed, among others in the following scope:

a) In order to perform the contracts for the sale of goods from the Store concluded with the User – the basis for data processing will in this case be the contract concluded with the Administrator by accepting the rules of the Store;

b) In order to keep a Store User’s account – the basis for data processing will in this case be the contract concluded with the Administrator by creating an account and accepting the Store’s regulations;

c) In order to carry out complaint processes – in this case, the basis for processing is the Administrator’s obligation arising from the law regarding warranty for defects of goods sold.

If the User gives separate consent to this, the User’s e-mail address or telephone number may be sent commercial information regarding goods offered for sale in the Store, including promotional offers – in this case, the User’s data processing is based on his consent, which it is not obligatory and can be withdrawn at any time;

d) to direct personalized marketing messages to the User on the Store’s website, e.g. in the form of suggestions for purchasing goods using profiling. Messages will be prepared based on the analysis of purchases made by the User – the basis for processing User’s data in this case will be the Administrator’s legitimate interest in marketing goods offered in the Store;

e) For marketing purposes – to the delivery address provided by the User, the Administrator from time to time send information about the offer of the EGZOTIC-ROOM.COM store or the offer of its trading partners – the basis for the processing of User’s personal data in this regard will be the legitimate interest of the Administrator or his partners consisting in marketing of goods indicated in the offer; The User may at any time object to the processing of his personal data in the above scope by contacting the Store;

f)  for statistical purposes for the internal needs of the Administrator – in this case, the basis for processing will be the legitimate interest of the Administrator consisting in the collection of information enabling the development of business and adapting services to the needs of Store Users;

g) In order to confirm the Administrator’s performance of his duties and assert claims or defend against claims that may be directed against the Administrator, prevent or detect fraud – the basis for processing User’s data in this case will be the Administrator’s legitimate interest in protecting rights, confirming performance of obligations and obtaining due remuneration from Administrator’s customers;

3) When making purchases in the Store, the User provides certain personal data necessary to perform the sales contract. Refusal to provide the data necessary to complete the order results in the inability of the Store to perform the sales contract. It is not obligatory for the User to agree to receive commercial information to the e-mail address or phone number provided for the implementation of the concluded Contract for the Sale of Goods. If consent is given, it can be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of the processing prior to withdrawal.

4) The administrator will provide the User’s personal data to entities that cooperate with us in the performance of the contract of sale of goods purchased by the User, including the receipt of payment for purchased goods, as well as the delivery of goods.

5) The personal data provided by the User will be processed during the period necessary for the performance of the sales contract, as well as complaint claims, as well as confirmation of the Administrator’s obligations and assertion of claims or defense against claims that may be directed against the Administrator – but no longer than 10 years from the date of transfer Administrator’s data by the User.

6) The administrator applies IT and organizational security measures to minimize the risk of data leakage, destruction, disintegration, such as: firewall system, anti-virus and anti-spam security systems, internal access procedures, data processing and emergency recovery, as well as a backup system operating at many levels .

7) Under the rules set out in the GDPR, the User has the following rights in relation to the processing of his personal data by the Administrator in connection with the operation of the Store: the right to access data, update them, the right to request data transfer, their removal, objecting to data processing and the right to request restriction their processing.

8) The User has the right to lodge a complaint to the President of the Office for Personal Data Protection in relation to the processing of User’s personal data by the Administrator.

9) Providing personal data in each of the situations indicated in point 2. it is voluntary, but necessary to achieve the purpose for which the data was provided by the Customer.

10) Customers’ personal data are used by the Seller only for the purpose for which they were provided by the Customer: for the purposes of contact (for the period of contacting the Customer), and / or performance of the sales contract (until the Account is deleted but not earlier than until the expiry of liability Seller under the warranty) and / or sending commercial information, or a survey about satisfaction with the purchase made (until the consent is withdrawn).

§11 COOKIES

1) To use the Store, it is not necessary to meet specific technical conditions by a computer or other device of the Customer. Sufficient is: Internet access, having an email address and a standard operating system and web browser.

2) For proper use of the Account, as well as placing an order, it is required to enable cookies in your web browser. Cookies are used to maintain the client’s session after logging into the account and to maintain the ordering process. It is then possible to delete them through the appropriate options available in the web browser or using other software. Detailed information on cookies is contained in the provisions of the Privacy Policy.

§12 FINAL PROVISIONS

In matters not regulated on the EGZOTIC-ROOM.COM Store website, the provisions of Polish law shall apply, in particular the Act on consumer rights and the provisions of the Civil Code. The version of the regulations applies from May 1, 2018.