Statute

General Terms and Conditions of Online Shop

Introduction

  1. The online shop at www.braceroom.com (hereinafter the Online Shop) is operated by ORTHODESIGN SP. Z o.o., at ul. Leszka Czarnego 1A, 35-615 Rzeszów, Poland, entered in the National Court Register under the number 0000178567, phone +48 531 255 069, www.braceroom.com, e-mail shop@braceroom.com, hereinafter the Company, which is also the personal data administrator.
  1. These General Terms and Conditions set out the rules on which services are provided in the Online Shop.

Registration and Logging in. Newsletter

  1. The Company provides online services to Customers to enable them to set up and use Customer Account on the Online Shop’s website at www.braceroom.com
  2. With the Customer Account service, Customers are able to use the Online Shop’s functionalities once they have logged in.
  3. Customer’s Account registration in the Online Shop is voluntary and free of charge.
  4. Customers may browse the products available in the Online Shop, place orders or make bookings without registering a Customer Account. However, Customers who registered their Customer Accounts in the Online Shop have the ability to: add products “to Favorites” and tell friends, view their order history, and track the status of their orders.
  5. Customers can register their Customer Account in the Online Shop by clicking the tab “Log in/ Registration” on the home page of the Online Shop at www.braceroom.com or they can register while placing their order or making a booking via the Online Shop.
  6. When registering a Customer Account in the Online Shop, Customers have to complete a registration form and give their e-mail address and password. To register a Customer Account, Customers have to read and accept these General Terms and Conditions, and give their consent to the processing of their personal data given during the registration process and marked as mandatory. Data marked as mandatory must be given in order to set up a Customer Account, process and handle orders or bookings placed in the Online Shop, and in order to ensure proper delivery of online services. Providing the data marked as mandatory is voluntary, however, it is necessary in order to set up a Customer Account. Providing the data that are not marked as mandatory is voluntary and it is not necessary to set up a Customer Account.
  7. Upon completing the registration form, click “Sign up”. The Company will then send an e-mail at the e-mail address given in the registration form to confirm that the Customer Account has been registered. The Agreement on the provision of online services and enabling the Customer to set up and use the Customer Account on the Online Shop’s website shall come into force as soon as the Customer receives the e-mail confirming that the Customer Account has been registered. The Customer Account service shall be provided free of charge for an unspecified period of time.
  8. To sign up for an e-mail newsletter from the Company with the latest products and promotions, Customers only need to give their e-mail address and consent to receive commercial information at that e-mail address. The Company will then sent a reply asking the Customer to their registration.Customers may change the designated e-mail address at which the newsletter is being sent or unsubscribe at any time, without the need to give a reason for their decision and without any costs, by clicking the newsletter link in the footnote of every newsletter, entering their e-mail address and selecting “Opt out/ unsubscribe”.
  9. Upon registering a Customer Account, Customers can log into the Online Shop by giving the e-mail address designated during the registration process and their password.
  10. Customers may terminate the Agreement on Customer Account Service Provision at any time, without the need to give a reason for their decision and without any costs by sending an e-mail to the Company at: shop@braceroom.com or by writing the Company at the Company’s address stated in the introduction to these General Terms and Conditions, and requesting the Company to remove the Customer Account and stating the e-mail address which is registered in the Online Shop.
  11. The Company may remove the Customer Account at any time if the Customer:

1)      violates the applicable laws when using the Online Shop,

2)      violates third party rights when using the Online Shop,

3)      disturbs the operation of the Online Shop when taking advantage of its services.

Placing Orders

  1. Customers may purchase products offered by the Online Shop by placing an order. Orders may be placed twenty-four hours a day, seven days a week at the Online Shop’s website at www.braceroom.com
  2. The product prices at www.braceroom.com are stated in euros (EUR), British pounds (GBP) and US dollars (USD). The prices do not include the delivery costs.
  3. The product prices given on the Online Shop’s websites are only valid when placing orders and making bookings via the Online Shop. Product prices according to the relevant price list apply to products available for sale outside the Shop.
  4. Product prices presented on the Online Shop’s website may vary; a change in the product price shall not affect any order or booking placed before the effective date of the price change.
  5. To place an order, Customers must read and accept these General Terms and Conditions by ticking the right box before finalising the order. Customers who do not accept these General Terms and Conditions while placing an order will not be able to purchase the product via the Online Shop.
  6. While placing an order Customers also give their personal data marked as mandatory in the order form and give their consent to the processing of their personal data stated while placing the order so that the order placed in the Online Shop can be processed; such consent is given by ticking the relevant box before finalising the order. Providing the personal data marked as mandatory is voluntary, however, it is necessary in order to place an order. Providing the personal data that are not marked as mandatory is voluntary and it is not necessary to place an order.
  7. To place an order, Customers need to select the products, select the area of the product shipment, select the payment method, complete the order form, approve and send the order by clicking “Confirm purchase. Order with an obligation to pay”. By clicking “Confirm purchase. Order with an obligation to pay”, Customers place an order with an obligation to pay.
  8. Customers make their order by using the “Cart”. By clicking “Add to Cart”, Customers select products offered by the Online Shop when the order is placed, according to their description and price; Customers also select the size if products are offered in different sizes. Upon clicking “Proceed to Checkout”, Customers select the shipping area. Upon choosing the option “Online Purchase”, Customers select the payment method and complete the order form.
  9. The following details should be given in the order form:

4)      Customer’s name and surname and address,

5)      Customer’s phone number and e-mail address;

6)      recipient’s details and shipping address if different from the Customer’s address.

  1. Customers who registered their Customer Accounts in the Online Shop can place orders using their Customer Accounts once they have logged into the Online Shop.
  2. While placing the order, Customers have the ability to modify the order, especially the products selected, the shipment area, the payment method, the data stated in the order form until the Customer clicks “Confirm Purchase. Order with an obligation to pay”. To modify the selection in the order, Customers must press the button “Edit” which is visible on the Online Shop’s website while placing the order.
  3. An order is placed once all items have been selected, the Customer has selected the shipment area and the payment method, and completed the order form.
  4. The order is placed when the Customer clicks “Confirm Purchase. Order with an obligation to pay”. Orders placed via the Online Shop imply an obligation to pay.
  5. By placing an order, the Customer offers the Company to enter into a sales contract concerning the product which is the subject matter of the order.
  6. The sales contract is entered into by and between the Client and the Company.
  7. Should it turn out, after the Customer has placed an order concerning several products, that the delivery of a part of the order will not be possible within the time provided for the delivery of the order, the Company will immediately communicate that to the Customer by sending him/ her an e-mail at the e-mail address given in the order form or in the Customer Account if the Customer placed an order using the Customer Account. In such a case, the Customer may cancel the part of the order that cannot be delivered within the prescribed time, or the Customer may cancel the entire order by sending an e-mail to the Company at the following address: shop@braceroom.com or writing the Company at the postal address stated in the introduction to these General Terms and Conditions.
  8. Where the Customer made an upfront payment for the product ordered, as provided for in section 16, the Company shall promptly return the Customer the payment or a part thereof should the order be effected in part. The payment shall be returned to the Customer’s bank account stated in the return form which is enclosed herewith as Appendix no. 3 hereto, or to the bank account from which the payment was made. The Customer shall not be charged with any fees in relation to such a return.
  9. A Customer who placed his/ her orders shall have the right to cancel the order until the Company has sendt the package with the order to the Customer. The declaration of intent to cancel the order may be given by e-mail at the following address: shop@braceroom.com, or by phone of shop@braceroom.com, Monday to Friday, from 9:00am to 4:00pm (normal charges apply, in line with the phone tariff of the phone operator of the Customer).
  10. In the case of online sale, the material provisions of the agreement concluded are recorded, secured and made available in the form of a document confirming the purchase or order specification which is printed out and delivered to the Customer together with the shipment.

Payment for Products

 

  1. When placing their orders, Customers may select the following types of payment for the product and delivery:

1)  payment by electronic transfer

2)  online payment using a credit card or debit card

3)  PayPal payment

 

  1. The payment cards accepted by the Company include but are not limited to the following: Visa Classic, Visa Electron, EuroCard/MasterCard, Diners Club, PBK, and JCB American Express. Customers may also be required to provide their personal data (including address data, the number, expiry date and CVV number/ CVC code of their debit- or credit card), and take other actions required to make a payment with a debit card or a credit card, and also to make a statement of consent to the processing of their personal data, in keeping with the applicable regulations implemented by institutions which deal with such transactions.
  2. Customers shall pay the price and the delivery costs within 24 hours from the receipt of an e-mail from the Company confirming the receipt and acceptance of the order.
  3. Payment via an electronic transfer shall be made to the bank account stated when the order is finalised or via the online payment service Przelewy24 offered by DialCom24 Spółka z ograniczoną odpowiedzialnością with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań, National Court Register: KRS 0000306513, in accordance with the general terms and conditions available at their website at: http://www.przelewy24.pl/regulamin.html.

 

 

Delivery

  1. The order lead date stated in the online shop’s order summary is the most likely time of getting the products ready for shipment to the Customer.
  2. The total order lead time is as follows:
  • within the European Union – not more than 14 days
  • outside the European Union – the delivery time is agreed on individually
  1. The Company agrees to send the number of the bill of lading to the Customer at his/ her e-mail address so that the Customer is able to track the shipment status.
  2. The fees for the product delivery are stated in the tab “Delivery”.

Right to Withdraw from Agreement

  1. Customers who are Consumers and who entered into a remote agreement via the Online Shop shall have the right to withdraw from the agreement within 30 days without stating the reason for their decision. The instruction on the right to withdraw from the agreement, including in particular the information concerning the procedure and the deadline for exercising the right to withdraw from the agreement and the costs of returning the item in the event of such a withdrawal which shall be borne by the Customer, is enclosed herewith as Appendix no. 1.
  2. The deadline for withdrawing from the agreement shall start on the day on which the Customer or a third party designated by the Customer other than the carrier came into possession of the item. In the case of an agreement concerning a number of items which are shipped separately, in batches or in parts, the deadline for withdrawing from the agreement shall start on the day on which the Customer or a third party designated by the Customer other than the carrier came into possession of the last item, batch or part.
  3. The Customer may withdraw from the agreement by notifying the Company of his/ her decision by way of an explicit statement, e.g. by way of a letter sent by e-mail at: shop@braceroom.com or in writing at the address stated in the introduction hereto with the annotation “Return”. Such notice of withdrawal from the agreement may but does not need to be submitted on the template form of notice of withdrawal from the agreement which is enclosed herewith as Appendix no. 2. Together with the notice of withdrawal, Customers may also send the product return form which shall specify in particular their bank account number and reasons for the withdrawal from the agreement.
  4. To keep the deadline for the withdrawal from the agreement, the notice of exercising the right to withdraw from the agreement needs to be sent before the expiry of the deadline for the withdrawal from the agreement.
  5. Upon withdrawal from the agreement, it is considered that the agreement had never been concluded. If the Customer filed the notice of withdrawal from the Agreement before the Company accepted its offer, the offer will cease to be binding.
  6. In the event the Customer withdraws from the agreement, the Customer is required to return the product immediately, in no event later than within 14 days from the day on which notice of withdrawal from the agreement was given to the Company. To keep the deadline, the Customer shall send the product before the expiry of the 14-day deadline at the address stated in the introduction to these General Terms and Conditions with the annotation “Return”.
  7. The Customer shall cover the costs of the product return.
  8. In the event of withdrawal from the agreement, the Company shall promptly, in no event later than within 14 days as of receiving the Customer’s notice of withdrawal from the agreement, return all payments received from the Customer, including the costs of the product delivery, except for additional costs due to the fact that the Customer selected a shipment method other than the cheapest shipment method offered by the Company.
  9. The payments shall be returned by the Company using the same payment methods as the initial ones used by the Customer, unless the Customer explicitly consent to another solution; in any event, the Customer shall not be charged with any fees in relation to that return.
  10. The Company may suspend the return of the payments until the Company receives the product or is provided with a document proving it has been sent back, whichever comes first.
  11. The Customer shall be liable for the decrease in the item’s value caused by using the item in a manner other than to determine the item’s nature, feature or functioning.
  12. Under consumer law, Customers shall not have the right to withdraw from the agreement concluded via remote channels in the case of the following agreements:

1)      an agreement on service provision if the economic operator has completed the service in full upon explicit consent of the customer who had been notified prior to the begin of the service that he/ she shall lose the right to withdraw from the agreement once the economic operator has completed the service;

2)      an agreement concerning a non-prefabricated item, an item manufactured or turned around according to the consumer’s specification or used for satisfying the consumer’s individual needs;

3)      an agreement concerning perishables or items with short use-by date;

4)      an agreement concerning an item delivered in a sealed packaging which may not be returned after unsealing for health protection reasons or for hygienic reasons if the packaging was opened after delivery;

5)      an agreement concerning items which, by their nature, are inseparably mixed with other items after delivery.

 

Complaints

  1. The Company is required to provide Customers with products free from any physical or legal defects. The Company is liable to the Customers for any defects of the products.
  2. Customers may file complaints in writing at the Company’s address stated in the introduction hereto.
  3. A complaint should contain the following details in particular: name and surname, mailing address, e-mail address at which response should be sent if the Customer wishes to receive a response to the complaint by e-mail, the date of purchasing the products, the type of products complained about, the exact description of the defect and the date of finding the defect, the Customer’s demand, as well as the preferred manner of informing the Customer of the complaint handling process outcome. A proof of purchase should be submitted together with the complaint. A proof of purchase may be submitted in the form of a copy of the receipt or a copy of the invoice, or a printout from the bank account.
  4. The complaint may be filed using the complaint form which is available in the “Complaints” tab on the Online Shop’s website at www.braceroom.com. It is only a sample complaint form and Customers are not required to use or follow it.
  5. A Customer who exercises his/ her rights under the statutory warranty for defects (Polish: rękojmia) is required to deliver the faulty product to the Company at the address stated in the introduction hereto.
  6. The Company shall review and process the complaint without undue delay, however not later than within 14 days of their receipt. The Customer shall be notified of the complaint handling process outcome in accordance with the data submitted in the complaint.
  7. Complaints concerning the newsletter service or other online services, including irregularities in the operations of the Online Shop, may be sent by e-mail at: shop@braceroom.com, or reported by phone at +48 531 255 069, Monday to Friday, from 9:00am to 4:00pm (normal charges apply, in line with the phone tariff of the phone operator of the Customer). Complaints shall be reviewed and response shall be given within fourteen days as of the receipt of the complaint by the Company. The Customer shall be notified of the complaint handling process outcome in accordance with the data submitted in the complaint.
  8. On the website http://ec.europa.eu/consumers/odr there is available an online platform that aim is to solve disputies between consumers and entrepreneurs at the European level (ODR platform). ODR platform is the interactive and multilingual website with the professional service for both consumers and entrepreneurs who would like to solve the dispute involving their mutual commitments out of court.

Privacy Policy

  1. Personal data given by the Customer during the registration process, order placement or booking shall be processed by ORTHODESIGN SP. Z O.O., at ul. Leszka Czarnego 1A, 35-615 Rzeszów, entered into the Register of Businesses of the National Court Register kept by the District Court in Rzeszów, the 12th Commercial Division of the National Court Register under the number: KRS 0000178567, tax identification number: NIP 7922027531, business statistical number: REGON 651539278, which is the personal data administrator.
  2. To complete the registration procedure, order placement or booking procedure, the Customer must give his/ her personal data marked as mandatory and his/ her consent to the processing of his/ her personal data given during the registration, order placement or booking. Providing the personal data marked as mandatory is voluntary, however, it is necessary in order to register, place an order or make a booking, as well as process and service the order or booking. Providing the personal data that are not marked as mandatory is voluntary.
  3. Where the Customer has given his/ her consent to an online service concerning free delivery newsletter, the e-mail address given by the Customer is added to the e-mailing list and is used for marketing purposes to send the Customer commercial information in the form of an electronic newsletter.
  4. The Customer gives his/ her consent to the processing of his/ her personal data by ticking the relevant box during the registration process, order placement or booking.
  5. Personal data collated shall not be disclosed to third parties, except to the entity that participates in the order completion and delivery of the products to the Customer, i.e. the shipping company. Where the payment for the product is made upfront, the data are also provided to the entity which settles the transaction. The quantity and the type of data to be submitted has been limited to an absolute minimum required.
  6. Customers shall have access to and the right to rectify their personal data. To do so, the Customer shall contact the Company at the address stated in the introduction to these General Terms and Conditions or by e-mail at: shop@braceroom.com.
  7. The Customer shall have the right to be informed whether or not his/ her personal data are being processed and to what an extent, as well as the information concerning the purpose and scope of processing his/her personal data. To obtain such information, the Customer shall contact the Company in line with the procedure set out in item 6 above.
  8. As the personal data administrator, the Company may outsource personal data processing to another entity by way of a written agreement.
  9. The Company uses cookie files, or small text- and numerical files which are stored by the ICT system in the User’s ICT system (on the User’s computer, phone or any other device used for connecting to the Service), while viewing the Service, including the “Online Shop” sub-website; they help identify the User should the User connect to the Service again using the device (such as a computer or phone) on which they were stored.
  10. Cookies are used to gather data concerning the use of the Service by the User, including the “Online Shop” sub-website, and their main purpose is to facilitate the use of the Service for the User, adapt the Service website to the needs and expectations of a given User (personalisation of the Service sub-websites), and measure the users’ traffic within the Service.
  11. Cookies are used in the Service upon the User’s consent. Consent may be given by the User by the proper setting of the software, and in particular of the Internet browser installed on the web-enabled device used by the User to view the contents of the Service. The Service User may also restrict or disable, at any time, the cookies in his/ her browser by setting it in such a way that it shall block the cookies or warn the User that the cookies will be stored on the device the User uses to view the contents of the Service. It may happen in such a case, however, that the use of the Service, including the “Online Shop” is less effective, the User will not have access to certain contents, and in extreme cases the proper display of the Service’s website, including the “Online Shop” sub-website, may be completely blocked.
  12. Detailed terms and conditions concerning personal data protection and policy privacy are found in the Privacy and Cookie Policy which is available on the website of the Online Shop.

Other Provisions

  1. The agreement shall be concluded in Polish or English, at the choice of the Customer.
  2. The Company reserves the right to amend these General Terms and Conditions for legal or organisational reasons. A notice of amendments to the General Terms and Conditions shall be posted at the Online Shop’s website to advise all Customers thereof. In addition, Customers who registered their Customer Accounts in the Online Shop shall receive a notice specifying the amendments to the General Terms and Conditions at their e-mail address stated in the registration form. Notice of the amendments to the General Terms and Conditions shall be given not later than 14 calendar days prior to the effective date of the amended General Terms and Conditions. The amendments to the General Terms and Conditions shall come into force at the date provided together with the notice of the amendments to the General Terms and Conditions; however, not earlier than after 14 calendar days as of the notice of the amendments to the General Terms and Conditions. The amended General Terms and Conditions shall be binding on Customers who registered their Customer Accounts in the Online Shop, unless the Customers do not accept the amendments to the General Terms and Conditions and notify the Company, within 14 calendar days as of being notified of the amendments to the General Terms and Conditions, of withdrawing from the agreement on the Customer Account service provision in the manner set out in the Section “Registration and Logging in. Newsletter” hereof.
  3. In the event of amendments to these General Terms and Conditions, all contracts, orders and bookings made prior to the effective date of the amended General Terms and Conditions shall be performed in keeping with the General Terms and Conditions effective on the conclusion date of the contract, order or booking by the Customer.
  4. These General Terms and Conditions shall come into force as of 1 January 2016.

 

 

 

 

 

- Appendix no. 1 to the General Terms and Conditions -

 

INSTRUCTION

ON THE RIGHT TO WITHDRAW FROM THE AGREEMENT

 

 

§1

Right to Withdraw from the Agreement

 

  1. Customers shall have the right to withdraw from this Agreement within 30 days without stating the reason for their decision.
  2. The right to withdraw from the agreement shall expire after 30 days as of the day:

1)      on which the Customer or a third party designated by the Customer other than the carrier came into possession of the item – in the case of an agreement providing for the transfer of an ownership title to an item,

2)      on which the Customer or a third party designated by the Customer other than the carrier came into possession of the last item – in the case of an agreement providing for the transfer of ownership title to a number of items which are delivered separately,

3)      on which the Customer or a third party designated by the Customer other than the carrier came into possession of the last batch or item – in the case of an agreement providing for the transfer of ownership title to items which are delivered in batches or in parts,

4)      of the agreement conclusion – in the case of service provision agreement.

 

  1. In order to exercise the right to withdraw from the agreement, the Customer must inform the Company of his/ her decision to withdraw from the agreement by way of an explicit statement, e.g. by way of a letter sent by e-mail at: shop@braceroom.com or in writing at the address stated in the introduction hereto with the annotation “Return”.
  2. Customers may, but are not required to, use the template form of notice of withdrawal from the agreement.
  3. Together with the notice of withdrawal, Customers may also send the product return form which shall specify in particular their bank account number and reasons for the withdrawal from the agreement.
  4. To keep the deadline for the withdrawal from the agreement, the Customer needs to give notice of exercising his/ her right to withdraw from the agreement before the expiry of the deadline for the withdrawal from the agreement.
  5. Effects of withdrawal from the agreement:

 

  1. In the event of withdrawal from the agreement, we shall promptly return all payments received from the Customer, including the costs of the item delivery (except for additional costs due to the fact that the Customer selected a shipment method other than the cheapest shipment method we offer); in any event, the payments shall be returned not later than within 14 days as of the day on which the Company was notified of the decision to exercise the right to withdraw from the agreement. The payments shall be returned using the same payment methods as the initial ones, unless the Customer explicitly consents to another solution; in any event, the Customer shall not be charged with any fees in relation to that return. The Company may suspend the return of the payments until it receives the item or is provided with a document proving it has been sent back, whichever comes first.
  2. The item shall be sent back to the Company promptly, and in any event not later than within 14 days as of the day on which the Company was notified of the withdrawal from the agreement.
  3. The deadline is kept if the item is returned at the Company’s address stated in the introduction hereto with an annotation “Return” before the expiry of 14 days.
  4. The Customer shall bear any direct costs of the return.
  5. The Customer shall be liable for the decrease in the item’s value caused by using the item in a manner other than to determine the item’s nature, feature or functioning.

 

 

- Appendix no. 2 to the General Terms and Conditions -

 

TEMPLATE WITHDRAWAL FROM THE AGREEMENT FORM

To download and complete the withdrawal form, click here.

 

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