Terms and conditions - Thai Bali Garden

I. Definitions

For the purposes of this document, the following definitions apply:

Store or Seller – refers to the online store Thai Spa Sp. Z o.o.
Website – refers to the website and subpages of the Store at www.thaibaligarden.pl
Terms – refers to these terms and conditions.
Customer – refers to an entity for whom the Store conducts a paid sale of goods or services, or delivers goods or services in any other manner than for payment, and an entity that has at least begun the Registration process.
Consumer – refers to a natural person making a purchase in the Store outside the context of any potential business or professional activity.
Customer Account – refers to an individually assigned account for the Customer on the Store’s portal created through appropriate Registration by the Customer via the Website, through which the Customer can make purchases in the Store, contact the Store, and use other functionalities.
Registration – refers to the factual act conducted by the Customer via the Website, resulting in the creation of a Customer Account on the Store’s portal.
Product – refers to an item containing digital content, not classified as an object under civil law or the VAT Act.
Service – refers to a service as defined by the VAT Act or other generally applicable laws.
Item – refers to a Service or Product.
Sales Agreement – refers to a sales agreement made by the Store for the benefit of the Customer by any means, either with or without using the Customer Account.
Business Day – a weekday from Monday to Friday, excluding public holidays.
Free Service – a service indicated in art. X sec. 1 of the Terms.
UPC – Consumer Rights Act of 30 May 2014.
Civil Code or CC – the Civil Code Act of 23 April 1964.

II. General Information

1. These Terms outline the general conditions and principles for sales conducted by the Store and specify the rules and conditions for the provision of free services by the Store electronically.

2. Store contact details:

Thai Spa Sp. Z o.o.

NIP: 6762560580

REGON: 382369580

KRS: 0000766974

Phone: +48 12 341 47 71

Email: recepcja@thaibaligarden.pl

Website: https://thaibaligarden.pl/sklep/

3. The Store conducts business in the form of selling Goods and Services visible on the Store’s website to Customers.

III. Registration

1. The Customer may create a Customer Account, which can be used in the purchasing process in the Store. Registration is not required to make a purchase in the Store.

2. To Register, the Customer must complete the registration form available on the Website and provide accurate data. The Customer is required to set a password for the Customer Account.

3. Creating a Customer Account requires accepting the Terms and Privacy Policy.

4. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes. The Customer will be informed of the purpose of collecting their data and the known or anticipated recipients of the data. This consent can be withdrawn at any time by submitting a statement to the Seller, including electronically via the Store’s email.

5. Upon completing and submitting the registration form, the Customer will promptly receive confirmation of Registration from the Store via email to the email address provided in the registration form. This moment marks the commencement of the agreement for the provision of the Customer Account service electronically. At this point, the Customer gains access to the Customer Account and the functionalities available therein. The Customer Account service is free of charge.

6. Starting the Registration process is equivalent to expressing consent for the provision of Free Services necessary to create a Customer Account.

IV. Prices

1. Product prices in the Store are expressed in Polish zloty (PLN).

2. Product prices are inclusive of VAT (gross prices), with the net Product price and/or the applicable VAT amount additionally specified.

3. The Product price is valid until the date indicated or until stock is depleted.

4. The period of validity of a given price will be specified alongside the price.

5. Information on the limited quantity of Products at a given price will be displayed alongside the Product price.

6. Product prices and descriptions on the Website do not constitute an offer as defined by the Civil Code but merely an invitation for the Customer to make an offer.

7. The Store reserves the right to change the prices and descriptions of Products displayed on the Website, to conduct promotions, and to revoke or modify them, which will not affect orders placed before the changes take effect.

V. Transaction Subject

1. The subject of the transaction is a Product available on the Website, selected and paid for by the Customer or a person acting on their behalf.

2. The Store declares that the Products it sells are free from defects.

3. Before accepting the Customer’s order for a Product, the Seller will verify whether the Product selected by the Customer is available in the Store. In the case of a lack of availability, the Store will promptly inform the Customer.

4. If the Customer has paid for an unavailable Product, the Store will immediately refund the purchase price to the Customer.

VI. Conclusion of the Sales Agreement

1. The information contained on the Website does not constitute an offer within the meaning of the Civil Code but an invitation for Customers to make offers to enter into a Sales Agreement.

2. Sales are conducted by the conclusion of a Sales Agreement between the Store and the Customer.

3. The Sales Agreement can be concluded between the Store and the Customer using the Customer Account or without using the Customer Account.

4. By placing an order in the Store, the Buyer makes an offer to purchase a specific Product from the Seller at the indicated price. The offer becomes binding upon acceptance by the Seller.

5. Orders in the store can be placed:
a. via the Website – 24/7,
b. by phone at the Store’s contact number on Business Days from 12:00 to 20:00, with phone order hours subject to temporary adjustment,
c. by mail by sending an order to the Store’s correspondence address.

6. In connection with placing an order and purchasing in the Store, the Customer is required to provide their correct personal and contact information, in particular:
a. name and surname,
b. address of residence,
c. email address,
d. phone number.

7. The Customer is responsible for providing incorrect data and any consequences arising from it.

8. If the Customer purchases a Product in connection with a business activity, in addition to the data specified in point 6 above, they are also required to provide:
a. company name and registered office,
b. NIP (tax identification number),
c. KRS number,
d. REGON number.

9. The data specified in the previous points are by default taken from the previously completed registration form and Customer Account. These data can be modified by the Customer.

10. Placing an order by the Customer will be confirmed by email or phone.

11. If the order cannot be fulfilled, the Store may refuse to process the order in whole or in part.

12. The Sales Agreement is considered concluded when the Store sends a confirmation of acceptance of the order for processing.

VII. Payments

1. The Customer or an entity acting on their behalf is obliged to pay for the order after receiving order confirmation.
2. Payments will be made only electronically using Payu or Przelewy24 services.
3. Order processing will begin upon the Store’s receipt of payment.
4. The Customer is required to make the payment no later than within three Business Days from the date of receiving order confirmation. After this period, the Store is entitled to withdraw from the Sales Agreement with the Customer.
5. The Store may set an additional deadline for the Customer to complete the Payment.
6. The Customer is obliged to pay the final price, which is the total price of the ordered Products.
7. In the case of a purchase made by an entity other than a Consumer, payments will be made in compliance with regulations concerning the split payment mechanism (MPP, split payment).

VIII. Sales Documentation

1. A VAT invoice and/or receipt will be issued for the Customer’s purchase.
2. The invoice may also be sent in electronic form.
3. The electronic invoice will be sent in PDF format to the email address provided by the Customer, unless the Customer requests a paper version. Corrective invoices and other transaction-related documents will be issued in the same manner.
4. Placing an order electronically (via the Website) constitutes consent to receive the invoice electronically. Lack of consent to receive the invoice electronically should be communicated by the Customer to the Seller electronically via email.
5. Paper invoices will be sent to the Customer by registered mail to the correspondence address provided.

IX. Order Shipping and Delivery

1. The Product will be shipped to the email address provided by the Customer.
2. The shipment will occur promptly after the Store receives payment from the Customer.

X. Complaints and Returns

1. The Store is obliged to deliver a Product free from defects. The Store’s liability for the Products sold is specified as follows:
a. for Consumers: UPC, in particular its Chapters 5a and 5b, and art. 556 et seq. CC
b. for others: art. 556 et seq. CC.
2. Any irregularities related to the order placement process by the Customer can be reported to the Seller via email or phone. Complaints regarding the use of free services provided electronically by the Seller may also be submitted in this way.
3. The Store will inform the Customer of how the submitted complaint is resolved within 14 days of receiving the complaint.
4. The Store is liable for any non-conformity of the Product with the Sales Agreement that existed at the time of its delivery and became apparent within two years from that moment.
5. If the complaint is not accepted, the Consumer may, among other options:
a. use out-of-court complaint resolution and claim settlement methods specified in the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes,
b. submit their complaint via the EU’s online ODR platform available at: http://ec.europa.eu/consumers/odr/,
c. refer the matter to a municipal or district consumer ombudsman,
d. seek information from the local Consumer Federation.
6. If the Customer or another person or entity believes that content published on the Website violates their rights, personal interests, or moral standards, principles of fair competition, social norms, etc., they may notify the Seller of a potential violation. The Store will take actions to verify and remove any such violations.

XI. Withdrawal from the Sales Agreement

1. A Customer who is a Consumer may, without giving a reason, withdraw from the Sales Agreement or part thereof within 14 days from the date of receipt of the Product, unless otherwise stated in the Terms.
2. To withdraw from the Sales Agreement or part thereof, the Consumer must submit an unequivocal statement of intent to the Seller, in particular by:
a. sending an email with the relevant content to the Store’s email address,
b. by mail,
c. by completing the Sales Agreement withdrawal form.
3. If the Consumer withdraws electronically, the Store will promptly send confirmation of receipt of the withdrawal statement.
4. In case of withdrawal from the Sales Agreement or part thereof, the Store will refund all costs related to the purchase of the Product within the scope of the withdrawal. The refund will occur promptly, but no later than 14 days from the date the Store receives the withdrawal notice.
5. The refund will be made in the same way the payment was made unless agreed otherwise between the Store and the Customer. The Customer incurs no costs associated with the refund.
6. The returned Product in connection with the withdrawal from the Sales Agreement or part thereof must be shipped or delivered to the Store’s address within 14 days of notifying the Store of the intent to withdraw.
7. The Customer bears the shipping or delivery costs of Products returned as part of the withdrawal.
8. A Consumer does not have the right to withdraw from the Sales Agreement or part thereof in the cases specified in art. 38 of the Consumer Rights Act.
9. The right to withdraw from a distance agreement does not apply to the Consumer if the subject of the Sales Agreement is digital content not recorded on a physical medium once the Seller has performed the service.
10. The right to withdraw from the Sales Agreement or part thereof does not apply to Services if the Seller has fully performed the Service with the explicit consent of the Customer, who was informed that they would lose the right to withdraw from the Sales Agreement after the service was performed.

XII. Final Provisions

1. The principles of privacy and data security for Customers are described in the Privacy Policy available on the Website.
2. Placing an order in the Store implies acceptance of the Privacy Policy.
3. Placing an order in the Store also implies acceptance of these Terms.
4. The Terms are available on the Website or at the Seller’s premises.
5. The Store reserves the right to modify the Terms. Changes will be published on the Website in the form of a unified text (and also at the Store’s premises). Changes to the Terms take effect on the date indicated by the Store, but not earlier than 7 days from the publication of the modified Terms on the Website. Orders placed before the changes take effect will be processed in accordance with the Terms applicable prior to the changes.
6. Matters not regulated by the Terms are subject to the generally applicable laws.
7. In the event of a dispute, the parties will strive to resolve it amicably.
8. Polish law shall be the governing law for resolving any disputes between the parties.
9. These Terms are effective from 01.09.2023.

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I. Definitions

For the purposes of this document, the following definitions apply:

Store or Seller – refers to the online store Thai Spa Sp. Z o.o.
Website – refers to the website and subpages of the Store at www.thaibaligarden.pl
Terms – refers to these terms and conditions.
Customer – refers to an entity for whom the Store conducts a paid sale of goods or services, or delivers goods or services in any other manner than for payment, and an entity that has at least begun the Registration process.
Consumer – refers to a natural person making a purchase in the Store outside the context of any potential business or professional activity.
Customer Account – refers to an individually assigned account for the Customer on the Store’s portal created through appropriate Registration by the Customer via the Website, through which the Customer can make purchases in the Store, contact the Store, and use other functionalities.
Registration – refers to the factual act conducted by the Customer via the Website, resulting in the creation of a Customer Account on the Store’s portal.
Product – refers to an item containing digital content, not classified as an object under civil law or the VAT Act.
Service – refers to a service as defined by the VAT Act or other generally applicable laws.
Item – refers to a Service or Product.
Sales Agreement – refers to a sales agreement made by the Store for the benefit of the Customer by any means, either with or without using the Customer Account.
Business Day – a weekday from Monday to Friday, excluding public holidays.
Free Service – a service indicated in art. X sec. 1 of the Terms.
UPC – Consumer Rights Act of 30 May 2014.
Civil Code or CC – the Civil Code Act of 23 April 1964.