TERMS AND CONDITIONS OF THE ONLINE STORE

Regulations valid from August 17, 2023.

Go to the regulations valid until August 16, 2023.

I. GENERAL PROVISIONS

These Terms and Conditions define the rules of use by Users, including Purchasers, of the Store operated by the Seller.
These Terms and Conditions are made available continuously on the Store’s Website in a manner enabling Users to obtain, reproduce and save their content.
In order to use the somebunny.pl Online Store, including browsing the assortment of the somebunny.pl Online Store and placing orders for products, the User need:
1. a terminal device with Internet access and Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, Microsoft Edge;
2. active e-mail account (e-mail).

II. DEFINITIONS

The terms used herein shall mean:

Seller – Litex HoReCa Sp. z o.o. with registered office in 63-400 Ostrów Wielkopolski ul. Staroprzygodzka 117, having Tax Identification Number (NIP): 6222844434, who while running business activity performs sale of goods or provision of services within the Shop.
Shop - a set of websites and IT tools (online service) managed by the Seller and allowing the Users to conclude Sale Agreements or Service Agreements, available in the domain: somebunny.pl.
Buyer (User) - an Internet user, using the Shop, purchasing or intending to purchase goods or services presented by the Seller.
Buyer Running Individual Activity - a Buyer being a natural person concluding the Agreement that is directly connected with their business activity if it results from the content of this Agreement that it does not have professional character for them, resulting in particular from the subject of the run business activity communicated on the basis of the provisions relating to the Central Registration and Information on Business Activity.
Consumer – a Buyer being a natural person performing a legal transaction not being directly connected with their business or professional activity with the Seller.
Sale Agreement - an agreement concluded in the Shop according to the principles resulting from the Regulations between the Seller and the Buyer, the subject of which is sale of objects to the Buyer.
Service Agreement - an agreement concluded in the Shop according to the principles resulting from the Regulations between the Seller and the Buyer, the subject of which is provision of services by the Seller to the Buyer.
Agreement - both the Sale Agreement and the Service Agreement.
Individual Commercial Terms & Conditions - the terms & conditions of sales or provision of services (inter alia in the field of prices of the offered goods, payment method, promotion or dates and other terms & conditions of order realisation) agreed upon between the Seller and the Buyer in the course of separate negotiations preceding the registration process in the Shop and confirmed in the User panel created for the Buyer, visible after logging in to the Shop.
Terms and Conditions - these Terms and Conditions of the Store.
Materials – information contained on the Store’s Website, including names and descriptions as well as photographs and graphic illustrations of the goods, marks of the producers of the goods.
Dreamcommerce S.A. – Dreamcommerce S.A. with its registered office in Kraków, (31-231 Kraków, ul. Bociania 22), entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Krakow 11th Commercial Division under KRS number 0000395171, with a share capital of PLN 2,811,500, Tax Identification Number (NIP): 9452156998.
User – Internet user, using the Store, purchasing or intending to purchase goods or services presented by the Seller in the Store.
PayU – PayU S.A. with its registered office in Poznań (60-166 Poznań, ul. Grunwaldzka 182), entered into the Register of Entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000274399, with the share capital of PLN 4,000,000 fully paid-up, Tax Identification Number (NIP): 7792308495 and REGON: 300523444.
Newsletter - a service provided by the Seller, consisting in sending by electronic means information, including commercial information, in particular concerning the Seller and its products, the electronic sales industry, novelties, promotions and commercial offers.
Blue Media S.A. – Blue Media S.A. with its registered office in Sopot, ul. Powstańców Warszawy 6, registered in the District Court of Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000320590, with the share capital of PLN 2,000,000 (fully paid-up), Tax Identification Number (NIP): 585-13-51-185; entered in the register of payment service providers under number IP17/2013, in the register of loan institutions under number RIP000109, in the register of credit intermediaries under number RPK002057, in the register of telecommunications entrepreneurs under number 11050.

III. GENERAL

A User who is a natural person may use the Store provided that he/she has full legal capacity.
A User who is not a natural person may use the Store through persons authorized to act on his/ her behalf, subject to the provisions contained in the REGISTRATION IN THE Store, point 4.
The User may use the Store via devices connecting with the Internet (computer, telephone), using the Internet browser.
The User is obliged to provide accurate, current and complete data using the forms referred to in the REGISTRATION IN THE STORE, in points 2 and 3, and to act in accordance with the Terms and Conditions. The data provided by the User may not violate the provisions of the current law and the personal rights and rights of third parties.
The use by the User of the Seller’s name, Store’s logo, Materials and components of the Store other than Materials (including graphic elements of the Store and the layout and composition of the Store) is forbidden except for the situations expressly indicated in the Terms and Conditions, or when the use of the objects of copyright and industrial property indicated in this section is possible on the basis of an express written consent of the Seller or authorized third parties (including manufacturers or distributors of goods or services, Dreamcommerce S.A. or entities related to Dreamcommerce S.A.). The Seller informs that Dreamcommerce S.A. is entitled, with the prior written consent of the Seller, to the concept of the Store understood as a whole of functional solutions and visual elements. The User is not allowed to take any actions aimed at reconstructing the Store, including in particular on websites and in Internet domains linked to the User.
The User is obliged not to disclose his/her login and password used to log in to the Store to third parties.
The User, by making a purchase in the Store, accepts at the same time these Terms and Conditions together with the appendices constituting an integral part hereof.
By purchasing in the Shop, the User at the same time accepts these Regulations together with the Appendices constituting their integral part.

IV. REGISTRATION IN THE STORE

The User can:
1. use the Store, including concluding Agreements, without having to register, or
2. register in the Store using the User’s access data (login and password),
1. correctly completing the electronic online form available on the Store’s Website by providing the required data,
2. acceptance of the Terms and Conditions.
In order to register in the Store, all the following conditions must be met:
1. logging in to the Store using the login and password assigned to the account, using the appropriate online form available on the Store’s Website
2. acceptance of the Terms and Conditions.
In the case of a legal person and an organizational unit without legal personality, registration in the Store and all other activities of that entity in the Store may be performed only by a person who is authorized to perform on behalf of that entity all activities related to the use of the Store (including registration) and to exercise all rights and obligations of that entity as a User (including the Purchaser).
The Seller may demand that the User makes his/her data credible, including in the case of updating the User’s data, by sending the required documents to the Seller.
In case of any change in the User’s data provided during registration, the User is obliged to update it before concluding another Agreement, using the appropriate form available in the Store.
Once registered, a User account is created in the Store, which is a collection of resources, in which information about the User and his/her actions within the Store in connection with concluded Agreements is collected. The User has access to the history of his/her orders in the Store within his/her account.
The Trade Partner, under separate arrangements with the Seller, may obtain the Individual Commercial Terms and Conditions from the Seller before registration.

V. PLACING ORDERS IN THE STORE – CONCLUSION OF THE AGREEMENT

The User, while browsing through the Store’s pages, in particular those presenting goods, services and shipping costs, has the opportunity to get acquainted with their description, features, technical parameters, price and shipping cost and additional costs. The Seller undertakes to present clear and reliable information on the above pages to enable the User to get acquainted with its offer. Any uncertainties or additional information necessary for the User related to the concluded Agreement shall be clarified by the Seller immediately on the basis of correspondence sent to the Seller by e-mail sklep@somebunny.pl, fax +48 62 737 57 08 or by telephone at +48 600 092 428 or by mail sent to the address of the Seller’s company.
The Seller provides, for information and without limiting the right of warranty, and in relation to the Consumer or the Purchaser operating as a sole proprietor, the rights vested by virtue of non-conformity of the goods with the agreement, the Seller informs that the photos of the products placed in the Store are illustrative illustrations, so the ordered product may sometimes differ from the illustration of the product placed in the Store due to the natural and specific characteristics of the material or colouring agents.
All information about the products placed in the Store, in particular descriptions, technical and utility parameters, prices and quantities constitute an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code, according to the terms of these Terms and Conditions.
Before placing an order, the User places the goods or services he/she wishes to purchase in a virtual shopping cart. A virtual shopping cart is a tool enabling the User to aggregate selected goods/services before purchasing them, convert the value of goods/services stored in the cart and calculate the delivery costs. When selecting goods/services, the User can freely manage the content of the cart by adding other goods/services to the cart or removing them from the cart.
After the final choice of goods/services to be purchased, the User is directed to the online form used to place orders in the Store. The order form may consist of component forms used to determine:
1. the delivery address,
2. the delivery method,
3. the method of payment for the goods/services.
Placing an order constitutes an offer within the meaning of the Polish Civil Code, made by the User to the Seller. Placing an order by the User itself is not binding for the Seller, and the lack of confirmation of the acceptance of the Order does not mean a default acceptance of the Order by the Seller. After receiving the Order, the Seller verifies whether the Order was placed correctly (in accordance with the provisions of the Terms and Conditions). If the Seller finds out that the Order was placed incorrectly, the Seller shall inform the User about it.
After placing a correct order, the Seller shall immediately send the User information about the acceptance of the Order (acceptance of the offer) or inform about the discrepancies in the offer (which always requires additional acceptance by the User and sending, after such acceptance by the Seller, information about the acceptance of the Order) to the electronic mail address (e-mail) provided when placing the Order or during registration. The Agreement for a given good or service is concluded at the moment when the Seller sends the User information about accepting the Order.
Each of the Buyers shall be entitled to place orders solely for own purposes of the business activity run by them and undertakes not to provide the login and password to other non-authorised entities. In case when the order is performed by the Seller to the benefit of a third party provided with the login and password by the Buyer and the non-authorised Buyer has benefited from using them, the Buyer providing their login and password shall be obliged to compensate the Seller for the loss constituting the difference between the order value according to the prices being applicable in the Shop and the Individual Commercial Terms & Conditions granted to this Buyer.
W przypadku płatności w formie przedpłaty Zamówienie będzie zrealizowane po zarejestrowaniu przez Sprzedawcę zapłaty na podstawie proformy.
In the case of a Service Agreement, the Seller shall notify the Purchaser, before placing an order, of the minimum period for which the Agreement is to be concluded, if it concerns continuous or periodic performance.
On the basis of separate arrangements with the Seller before the registration, the Buyer may obtain Individual Commercial Terms & Conditions from the Seller.

VI. PAYMENT OF PRICES

Buyer is obliged to pay the price for the goods/services ordered in the Store, including delivery costs, no later than within 7 days from the date of purchase, subject to payment on delivery. Failure to pay for the goods ordered contrary to the provisions of the previous sentence shall result in cancellation of the order.
The available forms of payments are: prepayment, bank transfer realised at the moment of order placement or payment on delivery.
All prices in the Store are gross prices including value-added tax (VAT) in the amount resulting from separate regulations. The costs of delivery of goods/services to the User are given separately on the “Time and cost of delivery” page. Before placing an order, the Purchaser shall choose the delivery method offered by the Seller.
The User purchases the goods and orders the service according to the prices and delivery costs valid at the time of order placement. The delivery costs depend on the delivery method chosen by the User.

VII. DELIVERY

Delivery is made to the address indicated by the Purchaser, with the reservation of products “on demand”, whose delivery time may be longer, of which the Customer is informed.
For deliveries made to Consumers, the place of performance related to the purchase of goods in the Store is the delivery address indicated by the Customer, with the reservation of goods collected in person by the Customer, where the place of performance is the personal collection point chosen by the Customer.
Delivery to Buyers other than the Consumer shall take place at their expense and risk and will be carried out through a carrier (courier) selected by the Seller.
If the Seller is unable to fulfil the obligation because the goods or service are not available, it shall immediately, but at the latest within thirty days from the conclusion of the Agreement, notify the Purchaser thereof and return the entire sum of money received from him/her, if any amount has already been paid.

VIII. NEWSLETTER

To use the Newsletter, the User needs a computer with Internet access, a standard Internet browser and active and correctly configured e-mail.
The Newsletter is a free service provided by the Store for Users and Purchasers consisting in informing Users about promotions, competitions, events, news by periodically sending content by e-mail.
In order to use the Newsletter, the User must:
1. fill in the Newsletter subscription form available on the Store’s Website and agree to receive commercial information electronically or
2. consent to the transmission of commercial information during registration in the Store.
Resignation from receiving information within the Newsletter is possible by filling in the Newsletter subscription form on the Store’s Website, as well as by clicking on the link available in the message sent in the Newsletter.
The User or Purchaser shall not pay any fees to the Seller for using the Newsletter. The User or Purchaser shall be obliged to bear the costs of data transmission through the Internet related to the use of the Newsletter.

IX. PERSONAL DATA PROTECTION

The personal data provided by the Users shall be collected and processed by the Seller in accordance with the applicable law and in accordance with the Privacy Policy contained in Appendix 1 to the Terms and Conditions.

X. COMPLAINT PROCEDURE

The Purchaser may submit complaints to the Seller concerning the purchased goods, the Seller’s operation and use of the Store.
A complaint can be submitted in an electronic form using the contact form available in the Store on the “Company or contact details” page, on the e-mails sklep@somebunny.pl or in writing to the address of the Seller given in the upper part of the Terms and Conditions. The complaint should contain at least:
1. first name, surname, address, the e-mail address of the Purchaser,
2. the date of conclusion of the Agreement constituting the basis for the complaint,
3. subject of the complaint, indicating the Purchaser’s request,
4. any circumstances and evidence supporting the complaint,
After receiving the complaint, the Seller shall inform, depending on the defects or the subject of the complaint, about the further procedure related to the complaint handling.
The Purchaser shall be informed about the settlement of the complaint by e-mail or by post.
The Shop responds to the complaint within 14 days from the date of its receipt in its correct form.
If the purchased goods are covered by the guarantee of e.g. the manufacturer, importer, Seller, etc., the scope of which is confirmed by the guarantee document issued together with the goods, regardless of other rights of a complaint, the Purchaser may make a complaint, referring to the scope of the granted guarantee.
In accordance with the provisions of Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013, below we provide an electronic link to the ODR platform: ec.europa.eu/odr. The ODR platform is a source of information on forms of out-of-court dispute resolution that may arise between businesses and consumers. Independently, we would like to remind you that the e-mail address you can contact us at is: sklep@somebunny.pl.

XI. WITHDRAWAL FROM THE AGREEMENT, TERMINATION OF THE AGREEMENT

Pursuant to the Act of 30 May 2014 on Consumer Rights, a Purchaser who is a consumer may, under the conditions specified in this section, withdraw from the Agreement without giving reasons within 14 days of receipt of the goods (personal collection from the registered office of the Seller or the moment of delivery by the carrier), and if the Agreement concerned a service - within 14 days from the date of conclusion of the Agreement for the provision of services, subject to point 7 below.
In order to meet the withdrawal time limit, it is sufficient to send a written declaration of withdrawal in the form of a letter sent from the confirmation of sending to the address of the Seller or by e-mail to sklep@somebunny.pl. For this purpose, the Consumer may use the template of the declaration made available as Appendix 2 to these Terms and Conditions. Immediately after receiving the declaration, the Seller shall send a letter or an e-mail to the Consumer on a durable medium confirming receipt of the declaration of withdrawal from the Agreement. The return of the goods to which the declaration of withdrawal from the Agreement applies shall be sent to the address of the Seller immediately not later than within 14 days from the date of withdrawal from the Agreement.
In the event of withdrawal from the Agreement, the Agreement shall be deemed not concluded. Subject to paragraph 5, what the parties have provided shall be returned unchanged unless the change was necessary within the limits of ordinary management. The return shall be made immediately, not later than within fourteen days from the submission of the declaration of withdrawal from the Agreement, with the proviso that the Seller shall withhold the reimbursement of the payment until it receives the confirmation of sending the returned goods or receiving the goods back, depending on which event occurred earlier.
We shall reimburse payments using the same payment methods as those used in the original transaction unless the Consumer expressly agrees otherwise; in any event, the Consumer shall not incur any fees in connection with the reimbursement.
In connection with the withdrawal from the Agreement, the Seller shall reimburse the Consumer for the original costs of delivery of the Goods to the Consumer in the amount of the cheapest offered method of delivery of the Goods (costs constituting the difference between the cheapest offered form of delivery and the costs related to the form of delivery chosen by the Consumer shall not be reimbursed). Moreover, the Consumer always bears the direct costs of returning the Goods to the Seller. The estimated cost of returning the goods shall not exceed PLN 100 net.
The Consumer shall be liable for any reduction in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
Withdrawal from the Agreement by the Consumer is not possible in cases where services and goods which, in accordance with the applicable law, cannot be returned, e.g.
1. the provision of services if the trader had performed the service in full with the express consent of the Consumer, who was informed before the performance began that he/she would lose the right of withdrawal once the trader has performed;
2. the subject of the service is the items manufactured to the Consumer’s specifications or to meet his/her personalized needs;
3. the subject of the service is items which, by their nature, are inseparably connected with other items after delivery;
If the duration of the Service Agreement is not specified, either party may terminate it without giving reasons, subject to one month’s notice, unless the parties have agreed on a shorter notice period.

XII. TECHNICAL INTERRUPTIONS

The Seller is not liable for the lack of possibility to use the Store by the Users due to force majeure.
The Seller reserves the right to interrupt access to the Store due to its technical maintenance service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that these interruptions take place during the night hours and last as short as possible.

XIII. SPECIFIC PROVISIONS RELATED TO SANCTIONS REGULATIONS ISSUED IN CONNECTION WITH THE WAR IN UKRAINE.

By placing the order, the Ordering Party shall be obliged to comply with the sanctions regulations issued by the United Nations, the European Union, Member States of the European Union and the European Economic Area, the United States of America and other countries in connection with the aggression of Russia and Belarus in Ukraine (hereinafter referred to as “sanctions regulations”) and, in particular, declares that:

the Ordering Party is not subject to any sanctions regulations or other restrictive measures imposed under the sanctions regulations, and the sanctions regulations with respect to the Ordering Party as well as the subject matter of the transaction do not prohibit the transaction (hereinafter referred to as “Sanctioned Entity”);
The Ordering Party is not directly or indirectly owned or controlled by legal or natural persons that are Sanctioned Entities.
Any goods or services to which it is entitled under its contract with the Seller will not be directly or indirectly available to the Sanctioned Entity or will not be used for the purpose of obtaining an advantage for the Sanctioned Entity to the extent that such action is prohibited under the Sanctions Regulations;
The Ordering Party shall promptly inform the Seller of changes in the coverage of the Ordering Party or the Ordering Party's actual beneficiary by the measures referred to above.
Violation of the sanctions regulations will result in the Ordering Party's liability to the Seller for any damages, and, moreover, may result in the suspension of performance and, further, if the restriction lasts for more than a month, the cancellation of the order performance (regardless of its stage of performance) and without any liability of the Seller.
The Seller may withhold from the amounts already paid by the Ordering Party an amount equivalent to the costs it incurred in connection with an order that was not completed as a result of the restrictions, including the cost of storage of the finished goods.
Non-performance or improper performance of the Seller obligations, including non-performance of a service or failure to deliver an order on time, shall not be considered a breach of the cooperation of the Parties if it is caused by prohibitions or restrictions imposed under sanctions regulations of an international or national nature.

XIV. FINAL PROVISIONS

The Seller reserves the right to amend the provisions of the Terms and Conditions, with the understanding that orders placed before the implementation of these changes will be fulfilled under the previous terms.
Any changes to the Terms and Conditions will come into effect within a period indicated by the Seller, not less than 7 days from the moment of their publication on the website.
In all matters not regulated by these Terms and Conditions, the provisions of generally applicable Polish law shall apply, however, with respect to purchases made by Consumers residing outside of Poland, if the provisions applicable in the Consumer’s country are more favourable to the Consumer and are generally applicable (they cannot be changed by agreement, the so-called mandatory provisions), then these provisions shall apply in the Agreement concluded with the Seller. In matters concerning the use of PayU services in connection with the use of the Store, the relevant provisions of the Terms and Conditions of providing PayU services shall apply. In matters concerning the use of Blue Media S.A. services in connection with the use of the Store, the relevant provisions of the Terms and Conditions of providing the Blue Media S.A. services shall apply.
Any disputes related to the services provided by the Seller under the Store shall be settled by the competent Polish common courts.
Users who are consumers have the right to seek out-of-court complaint handling and claim settlements before the Permanent Consumer Arbitration Court at the Provincial Commercial Inspectorate. Information on how to access the above mentioned dispute resolution procedures and procedures can be found at the following address: www.uokik.gov.pl, under the “Consumer dispute resolution” tab.
Provisions of the GCTC constituting Appendix 3 to these Regulations shall be applicable to sales performed to the benefit of other Buyers than a Buyer Running Individual Activity and Consumer in the cases not governed herein.
All rights granted to the Consumer by these regulations, except for the rights from:
1. par. VII.2. (delivery takes place in accordance with paragraph VII.3),
2. par. X.7. regarding the ODR platform,
3. par. XIV.6. concerning the settlement of consumer disputes,
are vested in the Purchaser acting as a sole trader.
The provisions of these Terms and Conditions shall be effective from the 17th of August 2023 and shall apply to agreements concluded no earlier than this date.

APPENDICES TO THE TERMS AND CONDITIONS

Appendix 1. General Commercial Terms and Conditions
Appendix 2. Privacy policy
Appendix 3. Template of the declaration of withdrawal from a remote agreement

Go to the regulations valid until August 16, 2023.