Regulations

Regulations of the “QUSHEE” Online Store

§ 1.
General provisions

  1. These Regulations set out the rules for using the Online Store available at qushee.com, belonging to EXSQO Anna Pierz, and applies to all relations between the Service Provider and the Purchaser, resulting from the Purchaser placing an order for a product via the website.
  2. The Service Provider and Operator of the qushee.com website is EXSQO Anna Pierz based in Krakow at ul. Łużycka 44/35, 30-658 Kraków, NIP: 9930675010 .
  3. The qushee.com website aims to enable efficient communication between the Purchaser and the Service Provider, providing information related to products and placing an order.
  4. The Online Store conducts sales both within the European Union and to other countries outside of the European Union.
  5. Information about products in the Store, including descriptions and prices of Products, constitutes an invitation to submit an offer to conclude a Sales Agreement within the meaning of art. 71 of the Civil Code, in accordance with the terms of the Regulations.
  6. Photos and presentations of the offered Products are examples and serve the presentation of specific models.
  7. The electronic service provided by the Operator is granting the Purchaser access to the Internet space, where products offered by the Service Provider are presented and sold.
  8. The Purchaser accepts the Regulations at the moment of placing the order and confirming that they have read the Regulations and agree to their wording by checking the appropriate box.
  9. The Purchaser is entitled and obliged to use the electronic service and the qushee.com website in accordance with its purpose, in a manner consistent with the law and decency, with due regard to respect for personal rights as well as copyrights and intellectual property of the Service Provider as the Operator of qushee.com.
    10. The Store reserves the right to change the prices and quantity of Products in the Store’s offer, withdraw or introduce individual products to the Store’s offer, carry out and withdraw promotional campaigns on the Store’s website, as well as modify them.
  10. These Regulations set out the rules for using the Online Store available at qushee.com, belonging to EXSQO Anna Pierz, and applies to all relations between the Service Provider and the Purchaser, resulting from the Purchaser placing an order for a product via the website.

§2.
Regulations definitions

  1. Purchaser / Service Recipient: An entity that is a legal or natural person or an organizational unit without legal personality, which the law confers legal capacity; entity using the services provided by the Service Provider.
  2. Seller / Service Provider: An entity providing a service to the Purchaser.
  3. Consumer: A natural person making a legal transaction with the Seller not directly related to his business or professional activity.
  4. Registration Form: A form available in the Online Store that allows you to create an Account.
  5. Account: Electronic Service, marked with an individual name (login) and password provided by the Purchaser, a set of information in the Service Provider’s IT system in which the Purchaser’s data is collected, including information about orders placed.
  6. Newsletter: Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive the content of subsequent editions of the newsletter containing information about Products in the Online Store.
  7. Order Form: Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  8. Online Store / Store: Online Store operating at https://qushee.com.
  9. Product: The Product presented in the Online Store, which may be the subject of a Sales Agreement.
  10. Electronic Service / Sales: Service provided by the Operator via electronic means (pages qushee.com ) to the Purchaser on the terms set out in the Regulations.
  11. Sales Agreement: Product sales agreement concluded between the Purchaser and the Seller via the Online Store on the terms set out in the Regulations.
  12. Order: Declaration of intent of the Purchaser submitted using the Order Form and aiming directly at the conclusion of the Product Sales Agreement with the Seller.
  13. Provision of services by electronic means: Provision of services rendered without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing equipment, including digital compression, and data storage, which is entirely broadcast, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law.

§ 3.
Electronic services in the Online Store

  1. From the output panel, which presents key information about the functions of the qushee.com website, the Purchaser can go to the subpage that enables placing an order.
  2. The Operator is not liable for undesirable actions resulting from submitting by the Purchaser information inconsistent with the facts, resulting in a significant impediment to the implementation of the contract or the total impossibility of its implementation.

§ 4.
Seller rights and obligations

  1. The Service Provider undertakes to strive for continuous and secure access to the electronic service.
  2. The electronic Service Provider is not responsible for any interruptions, including interruptions, in the functioning of qushee.com caused by factors beyond the Service Provider’s control, including unauthorized actions of third parties or incompatibility of the website with the technical infrastructure of the Purchaser.
  3. The Service Provider shall not be liable for errors arising when placing the order or other non-compliance that arose as a result of providing incorrect data in the order form.
  4. The Service Provider is not responsible for transactions made by unauthorized third parties who have gained access to the account on qushee.com as a result of a lack of caution when using the login and password.

§ 5.
The Purchaser’s rights and obligations

  1. The Purchaser is responsible for destruction, damage, the introduction of technical or visual changes, as well as for any other damages other than those resulting from factory defects, concerning the Products transferred to him arising in the period from their receipt to the moment of possible return.
  2. The recipient is obliged to:
  • Use the content on the Store’s pages for personal use only;
  • Use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland and the provisions of the Regulations.

§ 6.
Conclusion of the Sales Agreement

  1. The Purchaser may conclude a Sales Agreement by placing an order on the Store’s website. The Sales Agreement is concluded between the Purchaser and the Store.
  2. Orders can be placed 24 hours a day, on all days of the week. Orders placed on non-working days will be processed on the first business day from the day the order was placed.
  3. The condition of placing an order is to provide the Purchaser with the Purchaser’s data necessary for the delivery of the Purchaser’s Product and the generation of an Account on the Store’s website.
  4. To place an order, select Products from the available offer and their quantity by adding them to the “Basket”.
  5. Until the confirmation of product selection with the “Place Order” button, the Purchaser has the option of making changes and modifications to the Products in the order, as well as contact details for the delivery of Products and invoicing.
  6. Sending the order by the Purchaser (confirmation with the “Place Order” button after selecting the payment) constitutes the Buyer’s offer submitted to the Store in order to conclude a Sales Agreement, in accordance with the Regulations.
  7. After the Purchaser submits the order, confirmation of its receipt and acceptance for execution will be shown on the Store’s website, and a message will be sent to the e-mail address provided in the order containing information about the Products ordered the value of the order, the selected type of delivery and payment, and the contact details of the Purchaser. This message confirms that the Store has received an offer to purchase Products by the Purchaser.
  8. The conclusion of the Sales Agreement between the Purchaser and the Seller takes place after the Purchaser submits the order in the Online Store and after receiving confirmation of receipt of the order as a message sent to the Purchaser’s email address provided when placing the order.
  9. The Sales Agreement is concluded in accordance with these Regulations.
  10. The Purchaser has the right to cancel the order before receiving confirmation from the Store that the order has been accepted for processing. For this purpose, the Purchaser should immediately contact the Store via e-mail and inform the Store about the cancellation of the order.
  11. The Store reserves the right to refuse an order placed by the Purchaser in a case in which:

    – The contact details of the Purchaser are not true
    – There will be no payment authorization in the tpay.com or PayPal electronic payment system selected when ordering; or
    – Payment has not been made within the specified time
    – The Seller is not able to process the order.
       
  12. If the order is refused, the Purchaser will not receive confirmation and will be informed via the Store’s website or e-mail that the offer has not been accepted and the Sales Agreement has not been concluded.
  13. If the Seller is not able to process the order, the Seller reserves the right to refuse to process the order within 3 days of the conclusion of the Sales Agreement. The Seller undertakes to inform the Purchaser by e-mail about the impossibility of completing the order without giving a reason and to return the entire payment received from the Purchaser within 7 days from informing the Purchaser about the situation.

§ 7.
Withdrawal from the Agreement

  1. The Purchaser who is a Consumer has the right to withdraw from the Sales Agreement within 14 days by sending to the e-mail address support@qushee.com a completed declaration of the withdrawal form, available at qushee.com.
  2. If the Purchaser is the Entrepreneur, the right to withdraw from a distance contract is not entitled.

§8.
Delivery and pickup

  1. The ordered Products are delivered within the European Union and to other countries outside of the European Union via courier companies or parcel machines at the place indicated by the Purchaser. Ordered products whose dimensions exceed the possibility of picking up from parcel machines do not have the option of being delivered to a parcel machine.
  2. The date of receipt of the shipment is the time of order completion and delivery time. Order processing begins from the day the funds are credited to the Service Provider’s bank account.
  3. If the purchased Products are to be sent to a different address than the one indicated during registration, the Purchaser is required to indicate this shipping address in the Store panel.
  4. When collecting a parcel delivered by a courier, the Purchaser should carefully check the completeness of the contents of the parcel, the condition of the outer packaging and the condition of the ordered Product in his presence. In the event of damage to the parcel, the Purchaser should draw up a damage report with the courier, in two identical copies signed by the Purchaser and the courier.
  5. If the Purchaser fails to collect the package, he will be charged the cost of shipping the Product back to the Seller.

§9.
Sales, prices and payments

  1. The cost of delivery in Poland is covered by the Seller as a courtesy sign in relation to the Consumer. If the Employer is the Entrepreneur and the Product is not intended for personal use, the cost of delivery is covered by the Employer. The cost of delivery to other countries is covered by the Purchaser according to the rate displayed when placing the Order.
  2. The price of a given Product given on the Store’s website binds the parties from the moment the Purchaser receives the confirmation of accepting the order for execution. The price referred to in the previous sentence will not change regardless of its changes in the Store, which will occur after sending the Purchaser confirmation of order acceptance for execution.
  3. The prices of Products in the Store are gross prices and are expressed in the currency selected in the Store by the Purchaser. If the Purchaser has no choice, the prices are in PLN.
  4. The method of payment for the Products is chosen by the Purchaser. The store allows Purchaser to make electronic payments carried out in the Przelewy24 or PayPal payment system.
  5. The Store reserves the right to change the prices of Products in the Store, introduce new Products for sale, carry out and cancel promotional campaigns on the Store’s websites or make changes in accordance with the Civil Code and other laws. These changes will not infringe on the rights of Purchaser who have concluded the Sales Agreement of Products offered in the Store before the abovementioned changes.

§10.
Returns and complaints

  1. The store as a Seller is liable to the Purchaser who is a Consumer within the meaning of art. 221 of the Civil Code for non-compliance of the Product acquired by the Purchaser with the Sales Agreement, to the extent specified by the Act on special conditions of Consumer sales and amendment to the Civil Code of 27 July 2002.
  2. All Products offered in the Store are new. Product photos are illustrative. There may be slight differences in the appearance of the Products. Custom-made products; according to the Purchaser’s specifications or adapted in such a way that they serve to satisfy his individual needs are not subject to exchange and refund.
  3. A product bought in the Store can be returned in accordance with the relevant terms and conditions of the complaint if it has defects constituting its non-compliance with the Sales Agreement. In order to start the complaint process, please download and complete the reclamation form (Download reclamation form), which, together with the Product, should be returned to the address indicated in it. The Purchaser will receive information on how to handle the complaint within 14 days from the day the Store receives the courier package containing the claimed Product. In the event of a positive consideration of a complaint submitted by courier, the Store will send a repaired or new Product to the Purchaser within 20 business days, and if this proves impossible (e.g. out of stock), the Store will inform the Purchaser and after that will extend the period necessary to send the Product or will refund the full amount paid for the Product. If the complaint is not accepted, the Product will be sent back with the opinion that the complaint is unjustified.
  4. If the Purchaser finds that the Product has been damaged during transport, the Purchaser is obliged to draw up a damage report in the presence of the courier, in accordance with § 8. Complaints arising from damage to the Product during transport will be considered on the basis of the damage report drawn up by the Purchaser and the courier.
  5. The Purchaser has the right to withdraw from the Contract of Sale for any reason within 14 days of receipt of the Product. The condition for taking the refund into consideration is sending within 14 days of receipt of the Product to the Store’s correspondence address (ul. Koszykowa 14, 00-564 Warsaw) a declaration of withdrawal from the concluded Sales Agreement (Download the Form of the declaration of withdrawal from the Sales Agreement) and the purchased Product (from originally placed tags, unused, clean, odorless). The money will be sent to the account number provided by the Purchaser within a maximum of 14 days from the date of receipt of the Product by the Store. If the payment was made using a payment card, the refund will be made for the same penalty.
  6. The Purchaser is fully charged with the cost of returning the Product.
  7. The returned product will be accepted when it is returned complete, and the Product and accessories are intact and have no traces of use, indicating that the product is used other than for the purpose of checking it. The Purchaser is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functionalities of the Products.
  8. The Store has the right to refuse to accept a Product in cases of returning a damaged Product, a refund made after the expiry of the allowable period or delivery of a defective product, i.e. an incomplete product, to the Store.
  9. The Store does not accept Products sent as cash on delivery parcels or as a letter via Poczta Polska. Parcels of Poczta Polska and parcels sent by courier are accepted.
  10. The Purchaser may direct any complaints related to the quality of services provided by the Service Provider to the email address support@qushee.com. The complaint is dealt with within 14 business days, and the Purchaser is also informed of the result by e-mail at the address from which he sent the message with the complaint.

§ 11.
Final Provisions

  1. The Purchaser, by placing an order, agrees to use the Store in accordance with the provisions of these Regulations, on the day of placing the order. Lack of acceptance of the provisions of these Regulations prevents the purchase of Products offered by the Store.
  2. Purchasers’ personal data provided when placing an order in the Store are processed by the Store and partners (including courier companies) solely for the purpose of processing the order.
  3. The Service Provider is entitled at any time to unilaterally introduce changes or additions to these regulations; The Purchaser will be informed about changes by displaying a message on the main page qushee.com and by e-mail to the address indicated on the order form.
  4. The terms of cooperation are set out in the Regulations. All information or advertising materials regarding the services provided by the Service Provider are for information purposes only and are not legally binding.
  5. In matters not covered by these Regulations, the provisions of the Civil Code or other laws applicable to the operation and functioning of the Store shall apply accordingly.
  6. The common court competent to hear disputes arising from the regulations is the court competent for the seat of the Service Provider.
  7. All photos, graphics, logos, publications, and texts available in the Store are protected by the Act of February 4, 1994. on copyright and related rights (Journal of Laws 1994 No. 24 item 83). Unauthorized copying, reproduction or distribution of any content posted on the Store’s website is prohibited.
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