The online store is operated by Onsen Sp. z o.o. with its registered office in Toruń at ul. Marii Skłodowskiej-Curie 71G, registered in the National Court Register under the number 0000588698, with REGON number 363084435 and NIP number 9562314576, hereinafter referred to as the Administrator.
Mail order is carried out through the website operated at the URL https://onsen.eu/.
BASIC INFORMATION
This Regulation specifies the conditions and rules for placing orders in the Store and concluding sales contracts using the Store's website.
The minimum technical requirements necessary to use the Store are: Chrome, Firefox, Safari or another web browser with cookies and JavaScript enabled; screen resolution of 1024 x 768 pixels.
The Customer is prohibited from providing content that is illegal and from using the Store in a manner that disrupts its functioning and is inconvenient for other Customers.
All products presented in the Store are free from physical and legal defects, and their introduction to the market has been carried out in accordance with the law.
All names and trademarks displayed on the Store's website are trademarks reserved for their owners and have been used solely for identification purposes.
Information about products presented in the Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
A receipt or VAT invoice is issued for each purchase.
§2 PLACING ORDERS AND SALES CONTRACT PROCEDURE
To conclude a contract through the ONSEN® website, the Customer must select the goods, taking further actions based on the messages and information displayed to the Customer on the website, and fill in the order form.
The selection of ordered goods by the Customer is made by adding them to the Cart.
During the ordering procedure, the Customer selects the appropriate form of delivery and payment, and completes the data necessary to fulfill the order, in particular, the name, surname, address for proof of purchase, and delivery address.
To complete the ordering procedure, the Customer's acceptance of the Store's Regulations is necessary.
The order placement procedure ends when the button confirming the purchase is pressed. Until this moment, the Customer has the possibility to modify the entered data, as well as to make changes regarding the selection of goods.
Sending an order by the Customer constitutes a declaration of intent to conclude a sales contract with Onsen Sp. z o.o., and after its completion, the Customer will receive an email confirmation of the order. The sales contract is concluded upon its dispatch.
The essential provisions of the contract are recorded, secured, made available, and confirmed to the Customer by sending a confirmation of the order to the Customer's email address.
§3 ORDER FULFILLMENT
Approximately 95% of orders are fulfilled within 2 business days, unless otherwise stated in the product description. This time is counted from: the correct completion of payment in the case of payments using the PayU system; from the receipt of payment to the Store's bank account in the case of traditional bank transfer payments; from the moment of telephone confirmation of the order in the case of cash on delivery payments.
It is rare for an order to take longer than 2 business days to fulfill. In such a situation, the Customer will be offered a new delivery date or the option to cancel the contract.
The Store is closed on Saturdays, Sundays, and holidays. Additionally, it is closed every year from December 24th to January 2nd.
§4 DELIVERY
The delivery of goods is limited to the territory of the Republic of Poland, the European Union, and the European Economic Area. The list of countries to which shipment is made is available in the Cart each time.
The shipment of goods is carried out by courier companies, primarily Zadbano, DPD, and InPost.
The delivery costs are indicated to the Customer during the order placement.
Upon receiving the shipment, the Customer, who is a consumer within the meaning of Article 22
1 of the Civil Code, has the right to check whether the packaging has not been mechanically damaged and whether it is complete. In case of finding damage or incompleteness of the shipment, the Customer should draw up an appropriate protocol in the presence of a courier company employee. The protocol should then be prepared in two identical copies, signed by the Customer and the courier company employee.
Upon receiving the shipment, the Customer, who is not a consumer within the meaning of Article 22
1 of the Civil Code, is obliged to check whether the packaging has not been mechanically damaged and whether it is complete. In case of finding damage or incompleteness of the shipment, it is obligatory to draw up an appropriate protocol meeting the conditions described above. The Damage Protocol prepared upon receipt of the shipment is the basis for the complaint procedure.
§5 PAYMENTS
All prices of goods are expressed in Polish zlotys and include VAT. In the case of languages other than Polish, the website automatically shows the estimated prices in foreign currencies.
Information about the price of the goods is binding from the moment the Customer receives an email confirming the placed order.
The Customer can pay for the purchased goods in the following ways: cash on delivery - payable to the courier company employee; by bank transfer to the bank account provided on the ONSEN® website; using the electronic PayU system.
§6 CUSTOMER'S RIGHT OF WITHDRAWAL FROM THE CONTRACT
The customer, being a consumer within the meaning of Article 22¹ of the Civil Code, has the right to withdraw from the contract concluded with ONSEN® within 14 days without giving any reason.
The deadline for withdrawing from the contract expires 14 days from the day on which the customer takes possession of the item or on which a third party other than the carrier and indicated by the customer acquires possession of the item.
To exercise the right of withdrawal from the contract, the customer must inform the store of their decision to withdraw by means of a declaration of intent. This can be done primarily by letter sent by electronic mail or by traditional mail.
To facilitate the return process, the store provides the customer with a withdrawal form. However, the customer is not obliged to use it. To meet the deadline for withdrawal from the contract, it is sufficient for the customer to send information regarding the exercise of the right of withdrawal from the contract before the withdrawal period expires.
In the event of withdrawal from the contract, the customer will be refunded the amount paid for the goods. This will be done within 14 days from the day the store receives the returned goods. The cost of transport is not subject to refund, with the reservation of Article 34(3) of the Consumer Rights Act.
The refund will be made using the same payment methods that were used by the customer in the initial transaction, unless the customer has expressly agreed to another solution. In any case, the customer will not incur any fees in connection with this refund.
The store may withhold the refund until the goods are received or until proof of return is provided, depending on which event occurs first.
The cost of packaging and returning the goods to the store is borne by the customer, with the reservation of Article 34(3) of the Consumer Rights Act.
The customer is liable for any diminished value of the returned goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
In accordance with Article 38(1) point 5 of the Consumer Rights Act, the right of withdrawal from the contract does not apply to the customer in the case of contracts, including goods delivered in sealed packaging which, once opened, cannot be returned for reasons of health protection or hygiene, if the packaging was opened after delivery. The products delivered by us, unless otherwise stated clearly in the offer description, do not fall under this provision. Both mattresses and orthopedic pillows must be tested in natural conditions, which excludes the possibility of testing them in packaging. Therefore, we respect the judgment of the Court of Justice of the European Union in case C-681/17.
In accordance with Article 8(1) point 3 of the Consumer Rights Act, the right of withdrawal from the contract does not apply to the purchase of non-prefabricated goods made to the consumer's specifications or serving to satisfy their individual needs. In our offer, this applies to mattresses of non-standard sizes, i.e., not available in the general offer. Each time, the conditions of purchasing such a mattress are directly negotiated between the parties.
Together with the return of the goods, the customer also returns the proof of purchase to the store.
§7 COMPLAINTS REGARDING GOODS
The store, as the seller, is responsible to customers for physical or legal defects of the sold goods under the warranty for defects, based on the principles specified primarily in the Civil Code.
Complaints should be submitted in writing (to the store's address or by email).
The complaint report should include the customer's data submitting the complaint, contact details, date of purchase of the goods, date of defect discovery and its description, and indication of the customer's request.
The store undertakes to consider each complaint containing the customer's request within 14 days from its submission.
The store does not accept shipments sent cash on delivery.
§8 QUALITY GUARANTEE
The store, as the seller of goods, provides its own warranty for them on general principles arising from the provisions of the Civil Code. The warranty conditions are available on the store's website.
§9 CHANGES, CONSTRUCTION IMPROVEMENTS
The store reserves the right to introduce improvements or design changes without prior notification. Changes are made due to changing medical knowledge and to improve the comfort of using the products.
§10 COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES
The store takes actions to ensure the correct operation of the website and undertakes to remove any justified irregularities reported by customers.
Customers are obliged to immediately notify the store in writing of any irregularities or interruptions in the operation of the store's service.
The store undertakes to consider each complaint within 14 days of its submission.
§11 PERSONAL DATA PROTECTION
Detailed rules for the protection of personal data by the store are set out in the document specifying the privacy policy available on the website.
§12 FINAL PROVISIONS
Disputes between the entity running the store and the Consumer are settled in accordance with Article 221 of the Civil Code. The court competent to settle them is the court competent territorially according to the provisions of the Code of Civil Procedure.
In the event of a dispute between the store and a Customer who is a consumer within the meaning of Article 22¹ of the Civil Code, the Customer may also use out-of-court, amicable methods of resolving complaints and pursuing claims.
The court competent to settle disputes between the entity running the store and the Customer who is not a consumer within the meaning of Article 221 of the Civil Code is the court competent due to the entity running the store.
In matters not regulated in these Regulations, the provisions of the Civil Code, the Act on the provision of electronic services, the Consumer Rights Act, and other relevant Polish laws shall apply.
