Terms and Conditions

General Terms and Conditions

The following General Terms and Conditions (GTC) apply to all business relationships arising from the online shop between The LA Marta Kaliszewska-Haśka, ul. Dębowa 76/103, 05-100 Nowy Dwór Mazowiecki, Poland, tax number: PL5311631461, (hereinafter referred to as "Seller") and the customer for all services arising from the aforementioned business relationship.

§1

Definitions

Shop – the online shop located at feeriereve.com.

Seller – of The LA Marta Kaliszewska-Haśka with the registered office in Nowy Dwór Mazowiecki, ul. Dębowa 76/103, 05-100 Nowy Dwór Mazowiecki, tax number: PL5311631461, e-mail address: contact@feeriereve.com.

Customer – a natural person, a legal person or an organisational unit that is not a legal person but to which special regulations grant legal capacity, placing an Order at the Shop and making purchases through the Shop.

Consumer – a natural person concluding a Contract with the Seller, the subject of which is not directly related to his/her economic or professional activity.

Entrepreneur – a Customer who is not a Consumer, being a natural person, a legal person or an organizational unit, whose applicable regulations grant legal capacity, conducting business or professional activity on its own behalf, concluding a Sale Agreement with the Seller.

Account – Customer's Account created on the Shop's online platform, allowing access to purchased services and Goods.

Sales Contract – a Contract of distance sale of Goods concluded between the Seller and the Customer through the Shop.

Goods – the physical item that is the subject of sale in the Shop.

Seller's data – contact details of the Seller, in particular for complaints: FEERIE REVE, ul. Wyszyńskiego 3/U21, 05-101 Nowy Dwór Mazowiecki, e-mail address: contact@feeriereve.com.

User – Customer or recipient of services provided by the Seller.

§2

Preliminary provisions

These General Terms and Conditions set out the rules for the use of the Shop and the principles and procedure for the conclusion of distance sales Contracts through the Shop.
GTC are available in an uninterrupted manner on the Shop website in such a way as to enable its download, reproduction and recording of its content by printing or saving on a carrier at any time.
Making purchases from the Shop requires access to a computer or mobile device with access to the Internet, a standard operating system, access to a web browser that supports JavaScript and the necessary cookies, and email. In addition, in Order to make purchases, it is required to complete the Ordering process during which it is necessary to provide the data necessary to complete the Order.
If the Seller offers digital content or services and the use of these would require additional technical conditions, these conditions are indicated in the description of these products in the Shop.
If a price cut of the Goods is announced, the Seller shall announce the lowest price of the period of 30 days prior to the price reduction.
The specifics of each Good and its characteristics can be found in the descriptions of the Good in the Shop.
The transmission of unlawful content via the forms is forbidden.

§3

Making purchases from the Shop

The Customer may make purchases in the Shop after logging in to an Account or without registering.
The gross price of Goods including VAT is given on the Shop website. The prices of Goods do not include the cost of delivery, which is indicated in each case in the process of placing the Order.
The product descriptions contained in the Seller's online shop are not binding offers to conclude a Contract on the part of the Seller. They merely represent an invitation to the Customer to submit a binding offer.
After selecting the Goods, to make a purchase, the Customer should take the next steps in accordance with the messages displayed on the Shop website. If the Customer has a discount code, he/she can enter it in the shopping cart or during the Ordering process. The Customer can then recalculate the costs and proceed to payment.
In Order to place an Order, it is necessary for the customer to enter the data marked as mandatory in the forms. Until the customer clicks the button to finish the Order, the customer has the opportunity to modify the Order or the data provided.
In Order to finalise the Order, it is necessary for the Customer to place the Order by clicking the "Buy and pay" button on the Order summary page. In Order to place an Order, it is required to first add Goods to the shopping cart, complete the data and express the required consents, including acceptance of GTC.
Once the Order has been placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about the receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Contract between the Customer and the Seller is concluded.
A Sales Contract is concluded between the Customer and the Seller.
The content of the concluded Sales Contract is recorded, secured and made available to the Customer by making these General Terms and Conditions available on the Seller’s website and by sending an e-mail message to the Customer. The content of the Sales Contract is additionally recorded and secured in the Shop’s IT system.
The Seller reserves the right to suspend the execution of an Order in case of reasonable doubts as to the accuracy and reliability of the data entered by the Customer in the registration form. In such a situation, the shop will immediately contact the Customer.

§4

Delivery and payment

Delivery of the Goods is available within the European Union.
he Customer has a choice of the forms of delivery indicated in the Ordering process, i.e.:

courier,
cash on delivery parcel.

Delivery of the Goods to the Customer shall be chargeable where the Goods require physical shipment, unless otherwise specified in the Sales Contract. The costs of delivery of the Goods (including transport, delivery and postal fees) are provided to the Customer on the Shop’s pages under the information tab concerning delivery costs and during the Order placement. In justified cases, the Shop may send several separate shipments within one Order without incurring additional costs for the Customer.
The delivery time of the Goods to the Customer is up to 4 working days in the territory of the Republic of Poland and up to 7 working days in the territory of European Union countries unless a different time limit was specified in the description of the Goods or during the Order placement process. If the Ordered Goods have different delivery times, the time limit for the Goods with the longest delivery time shall apply.
The Shop accepts various forms of payment available during the Order placement process, including traditional transfer and electronic payment.
The Seller provides the Customer with the following methods of payment for the Sales Contract:

Transfer to the Seller's bank Account;
Payment by payment card;
Electronic payment via Google Pay, operated by Google Ireland Limited - you will find Google Pay regulations at: https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=PL.

If the Customer chooses to pay by bank transfer or electronic payment, the Customer is obliged to make payment within 5 working days of the conclusion of the Sales Contract. After this deadline, the Order may be cancelled.
The Customer agrees to send an invoice in electronic form.

§5

Non-compliance of the Goods with the Contract; complaints

The basis and scope of the Seller's liability towards the Customer in the event of a defect in the sold Goods are determined by generally applicable laws.
The Seller hereby informs about its liability for the conformity of the performance with the Contract, as stipulated by the law. The Consumer has the right to use the warranty, if applicable.
Before filing a complaint and sending the Goods to the Seller, the Customer is asked to contact the Seller via e-mail (contact@feeriereve.com) in Order to speed up the complaint procedure and solve the problem.
The address for the complaint is: FEERIE REVE, ul. Wyszyńskiego 3/U21, 05-101 Nowy Dwór Mazowiecki, contact@feeriereve.com.
The address for returning the Goods is: FEERIE REVE, ul. Wyszyńskiego 3/U21, 05-101 Nowy Dwór Mazowiecki, contact@feeriereve.com
Goods are in conformity with the Contract if, in particular, their description, type, quantity, quality, completeness and functionality remain in conformity with the Contract.
If the Goods are inconsistent with the Contract, the Consumer may request its repair or replacement.
The Seller may opt for a replacement when the Consumer demands a repair, or the Seller may choose to perform a repair when the Consumer demands a replacement if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require unreasonable costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract.
The Seller shall carry out the repair or replacement within a reasonable time from the time at which the Consumer is informed of the lack of conformity and without unreasonable inconvenience for the Consumer, considering the nature of the Goods and the purpose for which the Consumer acquired them. The costs of repair or replacement, including the costs of postage, carriage, labour and materials shall be borne by the Seller.
The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at their own expense. The Consumer shall not be obliged to pay for the usual use of the Goods that have been subsequently replaced.
In the cases defined by law, the Consumer may make a declaration to reduce the price or withdraw from the Contract. In particular, this applies if the Seller refused to bring the Goods into conformity with the Contract or failed to bring the Goods into conformity with the Contract.
The Seller shall reimburse the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days of receipt of the Consumer's statement on price reduction.
In the event of withdrawal from the Contract, the Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer immediately, no later than within 14 days of receipt of the Goods or proof of their return.
The Consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. The lack of conformity of the Goods with the Contract shall be presumed to be material.
A Seller shall be liable for any lack of conformity of the Goods with the Contract which existed at the time of delivery and which is discovered within two years from that time, unless the expiry date of the Goods, as determined by the Seller, his legal predecessors or persons acting on their behalf, is longer.
Any lack of conformity of the Goods with the Contract which becomes apparent before the expiry of two years after delivery of the Goods shall be presumed to have existed at the time of delivery unless the contrary is proven or the presumption cannot be reconciled with the nature of the Goods or the nature of the lack of conformity of the Goods with the Contract.
The Seller is obliged to respond to the Consumer's complaint within 14 days of its receipt.
If a guarantee has been granted for the Goods, the information about it, as well as its content, will be included in the description of the Goods in the Shop.
The rights for non-conformity of Goods with the Contract shall be vested in the Consumer.

§6

Right of withdrawal

You have the right to withdraw from this contract without giving any reason within 14 days from the day you take possession of the purchased Goods. The withdrawal period expires after 14 days from the day on which you take possession of the Goods or on which a third party, other than the carrier and indicated by you takes possession of the Goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this Contract by an unequivocal statement (for example, by completing the withdrawal form attached as Attachment 1 or by a letter sent by post or e-mail).
You may use the model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the costs of delivery of the Goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this Contract.
We will refund the payment using the same method as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with the refund.
We may withhold reimbursement until we have received the item or until you provide us with proof of return, whichever event occurs first.
Return of the Goods should be made to address of FEERIE REVE, ul. Wyszyńskiego 3/U21, 05-101 Nowy Dwór Mazowiecki, contact@feeriereve.com
Please send back or hand over the Goods to us immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiry of the 14-day period.
You will only have to bear the direct costs of returning the Goods.
You shall be liable for any diminution in the value of the item resulting from your use of the item other than what is necessary to establish the nature, characteristics and functioning of the item.
The right of withdrawal from the Sales Contract shall not be granted to the Consumer in relation to, incl. the Contract:

for the provision of services for which the Consumer is liable to pay the price, if the entrepreneur has performed the service in full with the express and prior consent of the Consumer. The Consumer should be informed before the provision of the service by the entrepreneur that, after the fulfillment of the service, they will lose the right to withdraw from the contract and should acknowledge this;
in which the price or remuneration depends on fluctuations in the financial market, which are not under the Seller's control and may occur before the end of the withdrawal period;
in which the object of the performance is a non-refabricated good made to the Consumer's specifications or intended to meet the Consumer's personalized needs;
in which the object of the performance is Goods that are perishable or have a short shelf life;
in which the subject of performance is Goods supplied in sealed packaging that cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
in which the subject matter of the performance is Goods that, after delivery, due to their nature, become inseparably connected with other things;
where the subject of the performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days, and the value of which depends on fluctuations in the market over which the Seller has no control;
in which the Consumer has specifically requested the Seller to visit him for the purpose of carrying out urgent repairs or maintenance. If the Seller provides services in addition to those requested by the Consumer or Goods other than replacement parts necessarily used in carrying out the repairs or maintenance, the Consumer has a right of withdrawal in respect of those additional services or Goods;
where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery;
for the supply of newspapers, periodicals, or magazines, except for a subscription contract;
concluded by means of a public auction.
for the provision of accommodation other than for residential purposes, carriage of Goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract stipulates the day or the period of performance of the service;
for the supply of digital content not supplied on a tangible medium, for which the Consumer is liable to pay the price. The Seller may commence performance with the express and prior consent of the Consumer, who has been informed before the commencement of the performance that they will lose their right of withdrawal after the Seller has provided the performance and has acknowledged it. The Seller must provide the Consumer with the confirmation defined by law.

The right of withdrawal from a distance contract is not granted to any entity other than the Consumer.
If any of the above provisions is less favourable than the laws in the Consumer's country of residence, the provisions more favourable to the Consumer shall apply.

§7

Provision of electronic services

The Seller shall take measures to ensure the fully correct operation of the Shop to the extent resulting from the current technical knowledge and undertakes to remove any irregularities reported by the Customers using the Seller's Data within a reasonable period.
Free services provided electronically by the Seller are:

the possibility of creating an Account in the Shop,
the possibility of concluding a Contract with the Seller electronically,
the option to receive a newsletter (if it is possible to subscribe to the newsletter on the Shop's website)

An Account may be created by filling in a registration form or, if such a possibility is made available, by marking an appropriate consent in the process of placing an Order. Upon successful registration of an Account with the Shop, a free-of-charge contract for the provision of electronic services is concluded for an indefinite period.
The Customer may at any time delete the Account in the Customer panel or send a request for deletion to the e-mail address of the Shop.
The customer's Account Shops information about the customer's data and Orders placed. In the case of deleting the Account, the Seller will Shop information about the Orders placed until the expiry of the statute of limitations for possible claims arising from a specific legal relationship or for the entire period of operation of the Shop - unless the Customer objects to the storage of this information and the Seller has no overriding legitimate interest in storing it.
Subscribing to the newsletter can be done by submitting a completed newsletter subscription form or indicating consent in the Ordering process. In the case of an effective newsletter subscription, the Seller provides an electronic service consisting in sending the Customer emails containing information about the Seller's products, promotions or services. The Customer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button included in the email message or by sending the resignation to the Shop's email address.
If the Customer wishes to make a complaint, he should provide his name, mailing address, type and date of occurrence of irregularities related to the functioning of the shop.
The Seller undertakes to consider any complaint about the operation of the Shop within 14 days. The customer is asked to send the complaint to the e-mail address of the Seller.
The contents of the newsletter are subject to copyright protection. It is prohibited to copy, record, distribute them without the consent of the Seller.
The Consumer may withdraw from the contract for the supply of digital content within 14 days from its conclusion, without giving any reason by informing the Seller. Notwithstanding this, the user may, at any time, make a declaration of resignation from the provided services.

§8

Provisions concerning entrepreneurs

The provisions of this paragraph apply to customers who are entrepreneurs.
The parties completely exclude liability under warranty for defects.
The Seller may terminate the agreement for the provision of electronic services for the maintenance of the Customer's Account with immediate effect and without indicating the reasons. This shall not result in any claims to the Seller on this Account.
The Seller has the right to withdraw from the contract without stating any reason within 14 days of its conclusion, by sending an appropriate statement to the entrepreneur. This does not result in any claims against the Seller.
The Customer is obliged to examine the consignment at the time and in the manner usual for a given type of shipment and should immediately take steps to determine the liability of the carrier. The Seller shall not be liable for any loss, damage to the Goods and for any delay in the carriage of the consignment occurring from the acceptance of the Goods for carriage to the delivery of the Goods to the entrepreneur.
The Seller has the right to limit the available payment methods and require the entrepreneur to make a prepayment in full or in part.
The total liability of the Seller in relation to the entrepreneur for non-performance or undue performance of the contract by the Seller, is limited to the amount of the price paid for the Goods and the cost of delivery. The Seller shall not be liable for lost profits in relation to the entrepreneur.
A court having local jurisdiction to resolve any disputes which may arise out of the Agreements or in relation to them is the court competent for the Seller's seat.
These Terms and Conditions as well as any Agreements executed based on them shall be governed by the Polish law.

§9

Reviews

The Seller may provide Customers with the option of posting reviews about the Shop, Seller or Goods – as part of the Shop or external Shops belonging to third parties. In such a case, the provisions of this paragraph shall apply to posting reviews.
Posting an review is possible after using the Shop, in particular after concluding the Agreement, and posting an review is possible at any time. The Seller will send the Customer an e-mail asking him to write an review in the form of a photo and text. The review will be automatically integrated into the Seller's website.
The Customer should formulate reviews in a reliable, honest and substantive manner, linguistically correct as far as possible and without using profanity or other words commonly considered offensive.
The Seller may at any time verify whether the reviews posted are compliant with the GTC, and in particular whether they come from Customer who actually used the Product or purchased the Good. In addition, in the event of any doubts of the Customer regarding the posted reviews, the Customer may submit the review to the Seller for verification. After receiving the notification from the Customer, the Seller will take actions appropriate to its capabilities, which will be aimed at verifying the review posted.
In the event of posting an review that does not meet the requirements provided for in the GTC, the Seller may refuse to publish the review or remove it.

§10

User Content

User Content is any content posted by or through the Shop by any User:

reviews or comments about the shop or products,
additional information in the customer's Account not required to place an Order, posted by or through the Shop.

The User may not publish content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or is otherwise contrary to the law, these Terms and Conditions or public decency, in particular:

content used to commit an offence or a criminal offence,
content violating personal rights or copyrights,
content of a spam nature,
content serving to conduct unfair competitive activity, including unauthorised marketing activities,
content which does not comply with the subject matter of the website to which it relates.

The Shop may verify, block, and remove illegal content, subject to objectivity and due diligence.
Notification of illegal content should include:

a sufficiently substantiated explanation of the reasons why the person or entity concerned alleges that the relevant information constitutes illegal content,
an indication, if possible, of the electronic location of the information, such as the URL, and additional information enabling the illegal content to be identified,
the name and e-mail address of the reporting person or entity, with the exception of a report regarding information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.

If, as a result of verification undertaken on our initiative or following a report, we determine that certain content is illegal, we may decide to block or remove that content.
Both the User who has reported content and does not agree with our decision and the User whose content we have determined to be illegal shall have the right to appeal against content decisions via the contact point indicated in point 13 below. The appeal should include your name, contact details and reasons for requesting a change in the decision.
Once an appeal has been submitted, we will immediately acknowledge receipt of the appeal and consider it within 14 days. Appeals will not be processed automatically. The reasons for our decision will be provided in accordance with any requirements under the Digital Services Act.
You have the right to appeal content decisions through the point of contact indicated in point 13 below. The appeal should include your name, contact details and the reasons for requesting a change to the decision.
In the case of blatant non-compliance with the provisions of this section and publication of illegal content, we reserve the right to temporarily suspend or delete your Account, as well as limit the functionality of your Account.
A decision regarding your Account is subject to objectivity and due diligence. There is a right of appeal against such a decision, which will not be processed automatically. The appeal will be dealt with within 14 days and you will be informed of the outcome immediately.
We shall not be liable for User Content if:

we do not have actual knowledge of the illegal activity or illegal content and, with regard to claims for damages, we are not aware of facts or circumstances which clearly demonstrate the illegal activity or illegal content;
we take appropriate action without delay to remove or prevent access to the illegal content when we have obtained such knowledge or knowledge.

Where we acquire any information giving rise to a suspicion that a criminal offence endangering the life or safety of a person or persons has been, is being or may be committed, we will immediately inform the law enforcement or judicial authorities of the Member State or Member States concerned of our suspicion and provide all available information on the matter.
We have established a point of contact for our Digital Services Act (DSA) obligations and through which the relevant authorities and Users can communicate with us: contact@feeriereve.com. Using the email address indicated, it is possible to report content that the User considers to be illegal.
None of the above provisions serve to limit the rights of the User and should not be interpreted in this way.

§11

Personal Data

The Controller of the Customer’s personal data collected through the Online Shop is the Seller.
The terms of processing personal data of their recipients and the rights of the Customer are contained in the Privacy Policy.

§12

Final provisions

All rights to the Shop and the offered Goods, including intellectual property rights, property and personal copyrights belong to the Seller. Without the Seller’s it is prohibited, among other things, to duplicate or modify the content offered by the Seller.
The Seller reserves the right to make changes to the Terms and Conditions for important reasons, such as, for example, change of the offer, change of legal regulations. The new Terms and Conditions shall come into force as of the date of publication. Registered Users will be informed about changes to the Terms and Conditions via e-mail.
The Seller reserves the right to change prices of Goods and promotions without prejudice to agreements concluded before these changes.
In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply.
None of the provisions of the Terms and Conditions is intended to limit the rights of the Consumer or entrepreneur on the rights of the Consumer, guaranteed by the laws of the Consumer's country of residence.
In the event of a dispute arising on the basis of the concluded sales contract, the parties will seek to resolve the matter amicably.
The Consumer has the possibility to use out-of-court ways of dealing with complaints and claims. The Consumer has the possibility, for example:

apply to a permanent amicable Consumer court to resolve the dispute,
apply to the regional inspector of the Commercial Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute,
use the assistance of a district (city) Consumer ombudsman or a social organisation whose statutory tasks include Consumer protection.

The Consumer may use the EU online ODR platform, available at: https://ec.europa.eu/Consumers/odr/.

Model statement of complaint and statement of withdrawal - the use of the following templates is not mandatory, but only recommended.

Attachment no. 1 to the General Terms and Conditions

Place, date

Name, surname

Consumer's address

Order no.

FEERIE REVE

ul.Wyszyńskiego 3/U21

05-101 Nowy Dwór Mazowiecki

Poland

DECLARATION OF WITHDRAWAL FROM AN AGREEMENT CONCLUDED AT A DISTANCE

I declare that I withdraw from the agreement no. ...................., concluded on .................... concerning the purchase of Goods ....................................................

I request a refund of the amount .................. to the bank Account no:

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

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

Consumer’s signature

Attachment no. 2 to the General Terms and Conditions

Place, date

Name, surname

Consumer's address

Order no.

FEERIE REVE

ul.Wyszyńskiego 3/U21

05-101 Nowy Dwór Mazowiecki

Poland

PRODUCT COMPLAINT FORM

I hereby notify you that the Goods purchased by me on ................ are not in conformity with the contract (the Goods are defective). The defect consists of ........................................................................................................................................................................................................................................................................................................

Order number (available after logging in or in the Order confirmation e-mail) ....................................................................................................................................................

The defect was detected on ............................. . Considering above:

I demand that the Goods be repaired (free of charge)
I request a replacement of the Goods with a new one

In the cases specified by law:

I make a declaration to reduce the price of the Goods by the amount of ........... (in words: .........) PLN
I make a declaration of withdrawal from the contract

please return the given amount to the Account .....................................................................

/postal order to my address ................................................................

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

Consumer's signature