ONLINE STORE REGULATIONS

§1 General Provisions

1. The online store: Endless Hugs, operating under the address: https://endlesshugs.com, is run by Campeoni Michał Polak, located at: ul. Roztoki 3/25, 43-316 Bielsko-Biała, operating under NIP: 5471991760.

2. These Online Store Regulations define the rules for making purchases in the online store: Endless Hugs, operating under the address: https://endlesshugs.com, particularly the rules and procedures for concluding distance sales contracts through the Store, as well as the complaint procedure and the procedure for withdrawal from the contract by the Consumer.

3. Regarding services provided electronically, these Regulations are the regulations mentioned in Article 9 of the Act on the Provision of Electronic Services of July 18, 2002 (i.e., Journal of Laws of 2020, item 344, as amended).

4. The Regulations are directed to all Customers of the Store. All Customers are obliged to read the provisions of the Regulations before making a purchase.

5. Every Customer is obliged to comply with the provisions of the Regulations. Sales are based on the version of the Regulations in force at the time of placing the order.

6. Every Customer can review the Regulations at any time by clicking on the "Store Regulations" hyperlink on the Store's website: https://endlesshugs.com. The Regulations can be downloaded and printed at any time.

7. All information contained on the Store's website: https://endlesshugs.com, referring to products (including prices), does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2023, item 1610, as amended), but an invitation to conclude a contract, in accordance with Article 71 of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2023, item 1610, as amended). By sending the Order Form, the Customer makes an offer to purchase and deliver the specified Goods for the price and under the conditions specified in the description.

§2 Definitions

Regulations - this set of rules organizing the principles of using the Store's Services by Customers.

Consumer - a natural person concluding a contract through the Store, not directly related to their business or professional activity.

Entrepreneur with Consumer Rights - a natural person concluding a civil law contract through the Store, directly related to their business activity, when the content of this contract indicates that it does not have a professional nature for this person, particularly arising from the subject of the business activity performed by them, provided based on the regulations on the Central Registration and Information on Business. For the purposes of these Regulations, if no distinction is made between the indicated two groups of entities, the Regulations apply to both Consumers and Entrepreneurs with Consumer Rights.

Customer - a natural person (including a Consumer) who is at least 13 years old (provided they have obtained the consent of their legal representative), a legal person, and an organizational unit without legal personality, to which specific provisions grant legal capacity, using the Services provided by the Store.

Order Form - a Service available on the Store's website, through which the Customer can make a purchase, particularly by adding Goods to the Cart and specifying certain conditions of the Sales Contract, including delivery and payment methods.

Cart - an element of the Store where the selected Goods by the Customer are visible, and where the Customer has the opportunity to determine and modify the Order data, including the quantity of Products purchased.

Store - the online service, owned by the Seller, available under the domain: https://endlesshugs.com, through which the Customer can purchase Goods from the Seller.

Seller - Campeoni Michał Polak, located at: ul. Roztoki 3/25, 43-316 Bielsko-Biała, NIP: 5471991760, who, conducting business or professional activities, offers sales through his website.

Goods - a movable item that is the subject of trade between the Store and the Customer, whose sales conditions are specified in the Order Form.

Goods with Digital Elements - goods containing digital content or a digital service or combined with them in such a way that the lack of digital content or service would prevent their proper functioning.

Product - any good or service, including real estate, digital services, and digital content, as well as rights and obligations.

Digital Environment - computer hardware, software, and network connections used by the Consumer to access or use digital content or services.

Integration - the combination of digital content or a digital service with elements of the Consumer's digital environment and their incorporation into these elements to ensure compatibility with the Contract for the supply of digital content or services.

Compatibility - the ability of digital content, digital services, or goods to interact with computer hardware or software typically used to use digital content, services, or goods of the same kind without the need for their conversion.

Functionality - the ability of digital content, digital services, or goods to perform their functions considering their purpose.

Interoperability - the ability of digital content, digital services, or goods to interact with computer hardware or software other than those typically used to use digital content, services, or goods of the same kind.

Online Trading Platform - a service using software, including a website, a part of a website, or an application, operated by or on behalf of an entrepreneur, which allows Consumers to conclude distance contracts with other entrepreneurs or natural persons not being entrepreneurs to conclude distance contracts with other natural persons not being entrepreneurs.

Online Trading Platform Provider - an entrepreneur who operates the online trading platform, provides entities with the online trading platform, or allows the use of this platform.

Contract - a distance sales contract for Goods concluded by the Customer through the Store, usually via the Order Form.

§3 Acceptance and Execution of Orders

1. The condition for using the Store is to read these Regulations and accept them. By placing an order, the Customer accepts the content of the Regulations.

2. The main parameters that determine the ranking of offers presented to the Consumer as a result of a search, also presented in direct connection with the given offer, visibly, are as follows:

To organize search results, the Store uses multiple criteria, including purchase history, product popularity, current promotions, and stock availability.

1. The Store marks sponsored offers and paid advertisements. This information is presented in direct connection with the given search result, visibly, distinguishing it from the general interface.

2. The Seller applies individual price adjustments for proposed offers, based on automated decision-making.

3. The price indicated in the order constitutes the total amount the Customer is obliged to pay, including the applicable tax (gross price). The delivery cost is not included in the price, as it depends on the delivery method chosen by the Customer.

4. If the Consumer is obliged to pay an amount exceeding the agreed price described in the previous paragraph, the Store will promptly inform the Consumer of this fact, explaining the reason for the price difference. The Consumer will be charged additional costs only after obtaining explicit consent from the Consumer.

5. The Seller reserves the right to change prices listed in the Store, introduce new Products for sale, conduct and cancel promotional actions, or make changes to them, in accordance with applicable laws.

6. In the event of a promotion, the Store informs Customers about the lowest price of the Product in the last 30 days. If the Product has been on sale for less than 30 days, the pre-promotion price is the lowest price since the Product was introduced to the Store. This information is presented next to the promotional price of the Product.

7. Orders from Customers are accepted via the Order Form submitted through the website: https://endlesshugs.com 7 days a week, 24 hours a day.

8. The Product order is executed by selecting the Goods the Customer is interested in, clicking the "ADD TO CART" button located next to the Product description, and then, from the "CART" level, located in the Store's tab, filling out the Order Form, including selecting the delivery and payment methods, and then clicking the purchase confirmation.

9. Entrepreneurs with Consumer Rights should indicate, at the time of placing the order for Products, that the purchase is not of a professional nature for them.

10. After placing an order, the Customer receives an order confirmation to their email address provided in the Order Form.

11. Upon receiving the Customer's offer acceptance confirmation, the Seller begins processing the order after the payment for the placed order is credited to the Store's bank account.

12. Withdrawing a placed Order is only possible by email at contact.endlesshugs@gmail.com. The Customer cannot cancel an Order that has already been shipped (the Customer received a shipping notification). The above does not exclude the Consumer's right to withdraw from the contract described in Point 6 of the Regulations.

13. If the ordered goods are not available in the Store's warehouse, the Store will contact the Customer via email or phone and propose another delivery date for the Order in whole or in part. If the Customer does not agree to another delivery date, the Customer has the right to cancel the Order.

14. If it is impossible to fulfill the Order due to the lack of products in the warehouse, and the service provider is unable to contact the Customer within three (3) days, the Order will be canceled. If the Customer has already made a payment for the Order, the money will be refunded to the same bank account from which it was credited to the service provider's account. The Customer will be informed of the order cancellation by email.

15. Orders placed in the Store are processed during the Store's working hours (on business days, from Monday to Friday, from 9:00 to 14:00). Orders placed on business days after 14:00, on Saturdays, Sundays, or holidays, will be processed the next business day.

16. The Customer will receive a notification of the order acceptance for processing, which is understood as the Seller's declaration of accepting the offer. Upon receiving it by the Customer, the Sales Contract is concluded.

17. A VAT invoice confirming the purchase will be attached to the Order. The invoice may be attached to the shipment or sent electronically to the provided email address as an electronic image of settlement documents, particularly such as VAT invoices with attachments, VAT correcting invoices with attachments, and forms. The receipt will be attached to the shipment or sent by email. This consent also entitles the Seller to issue and send VAT invoices in electronic form, in accordance with Article 106n of the Act of March 11, 2004, on the tax on goods and services (Journal of Laws of 2011, No. 177, item 1054, as amended).

18. The available means of communication between the Customer and the Store are:

a) Email - contact.endlesshugs@gmail.com b) Address for contract withdrawal: ENDLESS HUGS ul. Stanisława Konarskiego 3, 62-020 Swarzędz

21. The Seller does not verify the authenticity of Customer reviews regarding the Products purchased in the Store.

§4 Delivery and Transport Costs

1. Delivery costs are not included in the price of the product purchased in our store and are added at the final stage of placing the order.

2. The shipment of orders in the Store is carried out via parcel lockers or courier services.

3. The shipping cost is provided in the order form after selecting the carrier.

4. After confirming your order, it will be shipped within 1-2 business days. We understand how important fast shipping is to you, which is why, statistically, most orders are dispatched on the next business day. During promotional periods and certain holiday seasons, the order processing time may be extended to up to 7 business days. After this time, the packed order is handed over to the courier. Please note that courier delivery time takes a minimum of 2 business days.
   

5. Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays, and holidays will be processed the next business day.

6. International orders are shipped via courier services.

7. The cost of international shipping varies (depending on the package size). The shipping cost is provided in the order form after selecting the carrier and the destination country.

8. In the case of international shipping, the delivery time may be extended.

9. The Seller is not responsible for delays caused by the carrier.

10. Upon receipt of the shipment delivered by the courier, the Customer should carefully check the content and completeness of the shipment, the condition of the external packaging, and the condition of the ordered Product in the presence of the courier. In the case of damage to the shipment, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.

11. In the event that the consumer fails to collect the cash-on-delivery shipment, the seller has the right to seek reimbursement from the customer for the shipping costs in both directions.

    a) Methods of claim enforcement:
    The seller may seek payment by contacting the customer and issuing a payment request or by initiating debt collection or legal proceedings in the event of non-payment.

12. If the Customer fails to collect a shipment, including shipments sent to a parcel locker, and the package is returned to the Store, the Customer will be charged the cost of return shipping. This fee amounts to 100% of the shipping cost selected during checkout. The fee is charged regardless of whether the order is resent or the contract is canceled.

§5 Payment Execution

1. Within the operation of the Store, the following payment methods are available:

a) Online payment via the Przelewy24 and Stripe systems. In case of any problems, please contact Przelewy24 and Stripe directly. The rules for making payments by Customers via the Przelewy24 and Stripe systems and the complaint procedure are available on the Przelewy24 and Stripe websites. Using online payment through the payment system is tantamount to accepting the regulations of these services by the Customer. The terms of these services are available on the Przelewy24 and Stripe websites. 2. A Customer who has chosen the option of bank transfer payment is obliged to make the payment for the placed order within three (3) business days from the order date. Otherwise, the Seller's offer is not binding, and the order is canceled. The Customer will be informed of the order cancellation by email.

§6 Complaint

1. The Seller is responsible for the Product's non-compliance with the Contract. For contracts obliging to transfer the ownership of Goods to the Consumer, including, in particular, sales contracts, the provisions of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2023, item 1610, as amended) regarding warranty for defects do not apply.

2. The Seller is responsible for the lack of conformity with the Contract of the Product, which exists at the time of its delivery and is revealed within one year from that time, unless the Product's usability term, specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Product with the Contract, revealed before the expiry of one year from the time of delivery of the Product, existed at the time of its delivery, unless proven otherwise or the presumption cannot be reconciled with the nature of the Product or the nature of the lack of conformity of the Product with the Contract.

3. If the Product is non-compliant with the Contract, the Consumer may request its repair or replacement. The Seller may replace the Product when the Consumer requests a repair, or the Seller may repair the Product when the Consumer requests a replacement if bringing the Product 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 excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Contract.

4. The Seller repairs or replaces the Product within a reasonable time from the moment the Consumer informed him of the non-compliance with the Contract, and without excessive inconvenience for the Consumer, considering the nature of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, particularly postal, transport, labor, and material costs, are borne by the Seller. For this purpose, the Consumer provides the Seller with the Product subject to repair or replacement. The Seller collects the Product from the Consumer at his own expense.

5. If the Product is non-compliant with the Contract, the Consumer may make a statement to reduce the price or withdraw from the Contract when:

a) The Seller has refused to bring the Product into conformity with the Contract; b) The Seller has not brought the Product into conformity with the Contract; c) The lack of conformity of the Product with the Contract continues, despite the Seller's attempt to bring the Product into conformity with the Contract; d) The lack of conformity of the Product with the Contract is so significant that it justifies a price reduction or withdrawal from the Contract without prior request for repair or replacement; e) From the Seller's statement or the circumstances, it is clear that he will not bring the Product into conformity with the Contract within a reasonable time or without excessive inconvenience for the Consumer. 6. The reduced price must be in such proportion to the price resulting from the Contract as the value of the non-compliant Product is to the value of the compliant Product. The Seller refunds the amounts due to the Consumer as a result of exercising the right to reduce the price immediately, no later than within fourteen (14) days from the day of receiving the Consumer's statement about the price reduction.

1. The Consumer cannot withdraw from the Contract if the lack of conformity of the Product with the Contract is insignificant. It is presumed that the lack of conformity of the Product with the Contract is significant.

2. In the event of withdrawal from the Contract, the Consumer immediately returns the Product to the Seller at his expense. The Seller refunds the price to the Consumer immediately, no later than within fourteen (14) days from the day of receiving the Product or proof of its return, using the same payment method used by the Consumer unless the Consumer explicitly agrees to a different refund method, which does not involve any costs for him.

3. Complaints regarding Products may be submitted:

a) by email to the address: contact.endlesshugs@gmail.com. 10. The complaint should include:

a) The details of the person submitting the complaint (name, correspondence address, email address, and contact phone number); b) Indication of the reason for the complaint and the content of the request; c) Order number, as it appears in the order acceptance confirmation; d) A necessary attachment of a photo of the defective product; e) Original or copy of the proof of purchase (e.g., receipt or invoice). 11. The above provisions do not exclude the possibility of the Seller providing a warranty for the purchased Products.

1. If, as a result of changing the location of the product, the costs of delivering the defective product to the Service Provider are higher than if the product had remained in the country of original delivery of the product, the Customer has the right to receive a refund of the costs of delivering the defective product to the Service Provider up to the amount calculated according to the delivery rates applicable within the country of original delivery of the product.

2. If the complaint is considered unfounded, the product will be promptly returned to the Customer at his cost to the address specified in the complaint form.

§7 Right of Withdrawal

1. According to the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the Contract concerning Products purchased in the online store https://endlesshugs.com, without giving any reason, by submitting an appropriate statement in writing within thirty (30) days from the date of issuance of the Goods (i.e., from the date of receipt of the Goods by the Consumer delivered by the courier company or the date of collection of the package from the parcel locker). This deadline is considered met if the Consumer sends the statement before its expiry.

2. The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. The template statement constitutes Annex No. 1 to these Regulations. The template statement is available at https://endlesshugs.com/pages/returns-and-complaints

3. The statement of withdrawal from the Contract should be sent by email to the address: contact.endlesshugs@gmail.com.

4. The Consumer returns the Goods to the Seller within fourteen (14) days from the date of withdrawal from the Contract. The deadline is met if the Consumer sends the Goods before its expiry.

5. The cost of returning the returned Goods is entirely borne by the Consumer.

6. The return of the Goods should be made to the Seller's address: ENDLESS HUGS ul. Sarabandy 93H/2 02-868 Warsaw.

The package should be sent via any courier directly to the above address. We do not accept packages sent by cash on delivery, to a parcel locker, or a pick-up point. The return shipment should be appropriately secured against damage during transport.

1. The Seller will refund the Consumer the amount for the order within 14 days from the moment of delivery of the proof of purchase, return form, and products in an undamaged condition (time counted from the delivery of the last element).

2. The Seller will refund the payment using the same payment method used by the Consumer or by transfer to the account indicated by the Consumer in the return form.

3. The Consumer is responsible for reducing the value of the Product resulting from using it in a way that goes beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.

4. The right to withdraw from the Sales Contract does not apply to the Consumer concerning the Contract:

    11. The right to withdraw from a distance contract applies to both Consumers and Entrepreneurs with Consumer Rights.

    12. In the event that the consumer fails to collect the cash-on-delivery shipment, the seller has the right to seek reimbursement from the customer for the shipping costs in both directions.

a) Methods of claim enforcement:
The seller may seek payment by contacting the customer and issuing a payment request or by initiating debt collection or legal proceedings in the event of non-payment.

    13. If the Customer fails to collect a shipment, including shipments sent to a parcel locker, and the package is returned to the Store, the Customer will be charged the cost of return shipping. This fee amounts to 100% of the shipping cost selected during checkout. The fee is charged regardless of whether the order is resent or the contract is canceled.

§8 Out-of-Court Dispute Resolution

1. If the complaint procedure does not bring the expected result for the Consumer, the Consumer may use, among others:

a) Mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which one should apply for mediation. In principle, the procedure is free. A list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595. b) The assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which one should apply for the case to be heard before the arbitration court. In principle, the procedure is free. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596. c) Free assistance from the municipal or county consumer ombudsman. d) The Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/. 2. This chapter entitled "Out-of-Court Dispute Resolution" does not apply to Entrepreneurs with Consumer Rights.

§9 Personal Data Protection

1. By placing an order, the Customer consents to the processing of the personal data provided by him, to execute and service the order by the Seller, who is also the data controller within the meaning of Article 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, May 4, 2016, pp. 1–88.

2. The administrator of personal data provided by the Customer while using the Store is the Seller.

3. Personal data in the Seller's database is not transferred to entities not involved in the execution of the Contract.

4. The Customer, in accordance with Article 15 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, May 4, 2016, pp. 1–88, has the right to access their personal data and may request their correction or deletion. The Seller ensures each Customer the right to control the processed personal data.

5. Providing personal data is voluntary; however, the lack of consent to process personal data prevents the Customer's order from being processed.

6. Detailed information on personal data and privacy protection is included in the "Privacy Policy" section on the Store's website.

7. To fulfill the contract, the following Customer data must be provided: name and surname, shipping address, email address, and contact phone number.

8. The personal data of Customers is also processed for the direct marketing of the Service Provider's own products and services. The Customer has the right to object to the processing of their data for marketing purposes. The Buyer may opt-out of receiving commercial information from the Service Provider or its partners at any time by email.

9. To resolve a complaint, the Customer should provide at least the following personal data: name, surname, street, house number, apartment number, contact phone number, and email address.

10. To deliver the Order - personal data necessary for addressing and delivering the shipment is transferred to companies professionally involved in the delivery of shipments together with the entrustment of the shipment for delivery and in the case of using direct online payment systems - to the administrator of the payment system.

11. The Seller also processes operational data regarding the Customer's IP address for technical and statistical purposes.

12. Personal data is processed with technical and organizational measures ensuring the protection of processed data in accordance with the requirements specified in personal data protection regulations, including the regulation of the Minister of Internal Affairs and Administration of April 29, 2004, on personal data processing documentation and the technical and organizational conditions to be met by devices and IT systems used for personal data processing (Journal of Laws No. 100, item 1024).

§10 Final Provisions

1. The Regulations define the rules for concluding and performing Sales Contracts for Products available on the Store's website.

2. The Sales Contract is concluded between the Customer and the Seller.

3. The Regulations are available to all Customers electronically on the Store's website: https://endlesshugs.com, in the "Store Regulations" section.

4. To use the Store's Services, it is necessary to have devices allowing access to the internet and a web browser enabling the display of web pages, as well as providing an email address to send information regarding the order execution.

5. All persons, including Customers, are prohibited from posting illegal content on the Store's website.

6. Matters not regulated by these Regulations are governed by the relevant provisions of generally applicable law.

7. The Regulations do not exclude or limit any rights of the Customer being a Consumer, which they are entitled to under mandatory provisions of law. In case of any conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, the provisions of law take precedence.

8. Provisions of the Regulations less favorable to the Consumer than the provisions of the Act of May 30, 2014, on consumer rights (i.e., Journal of Laws of 2020, item 287, as amended) are invalid, and the provisions of the Act apply instead.

9. If any provision of these Regulations is or becomes invalid or ineffective, the validity of the remaining provisions of the Regulations remains unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another that best reflects the intended economic purpose. This also applies to any gaps in the Regulations.

10. All photos posted on the Website are protected under the Act of February 4, 1994, on copyright and related rights (Journal of Laws 1994 No. 24 item 83, as amended) and have a creative and individual character. They cannot be copied without the administrator's consent.

11. The Service Provider reserves the right to temporary breaks in the Website's operation without affecting the execution of confirmed Orders.

12. The Customer declares that the data provided to the Service Provider, including personal and business data, delivery and correspondence addresses, are true and complete. In the event of a change in data, the Customer is obliged to notify the Service Provider by updating the data in the account created during Registration.

13. The Service Provider may amend the Regulations, subject to the following sentences. The amendment takes effect 14 days from the day the information about the change in the Regulations is posted on the Website and the notification of Customers who have registered of the change via email. Using the Account by the Consumer signifies acceptance of the amended Regulations. The change in the Regulations does not apply to Orders placed with the Service Provider before its effective date.