Terms and conditions

These Terms of Use set out the conditions of using the BUSYMONDAY Online Shop, placing orders for the products available in the Online Shop, shipping products to the Customer, making payments by the Customer, the Customer’s right to cancel an order or withdraw from the Purchase Agreement, and complaint procedures.

Before you purchase anything in our Shop, please read carefully the Terms of Use and our Privacy Policy.

GENERAL TERMS

1. The BUSYMONDAY online shop, available at www.busymondaylab.com, is operated by BumBumStudio Katarzyna Pokszan, with its registered office at ul. Boksytowa 4 91-360 Łódź, entered in the Register of Entrepreneurs under National Business Registry Number (REGON) 101006929 and Tax Identification Number (NIP) PL9471883647, and referred to hereafter as BUSYMONDAY.

2. The products offered on the BUSYMONDAY website can be made from natural materials, as a result of which their colors may be slightly different from the ones shown in the photos. At the same time, all the products have their characteristics, properties and materials described in detail.

3. The information on the products offered on the BUSYMONDAY website, including descriptions and prices, constitutes an invitation for users to enter into a purchase agreement according to the terms of Article 71 of the Civil Code and the Terms of Use.

4. Definitions:

4.1. ONLINE SHOP — the shop that sells goods via the Internet at: https://busymondaylab.com

4.2. CUSTOMER — a natural person, legal person or organizational unit without legal personality, but with the capacity to perform acts in law, who purchased a product in the Online Shop under the Terms of Use.

4.3. CONSUMER — a Customer who is a natural person and makes a purchase in the Online Shop under the Terms of Use for the purposes not directly related to his or her business or professional activity.

4.4. BUSINESS DAYS — the days of the week from Monday to Friday, excluding public holidays in the Republic of Poland.

4.5. PURCHASE OFFER — a proposal to enter into a Purchase Agreement submitted by the Customer on the completion of a purchase in the Online Shop.

4.6. ORDER — all the products specified by the Customer in the Purchase Offer and accepted by BUSYMONDAY for completion.

4.7. COMPLETION TIME — the time required by BUSYMONDAY to complete an Order and ship the product to the Customer.

4.8. TIME OF DELIVERY — the time needed by the Courier Company to deliver the Order to the address specified by the Customer after the product is properly shipped by BUSYMONDAY.

4.9. PRODUCT PRICE — the gross price (including VAT) of one unit of the product determined by BUSYMONDAY and specified on the product page.

4.10. FINAL PRICE — the gross price of one unit of the product minus the price discounts set by BUSYMONDAY for a particular period or for a particular Customer, presented in the purchase summary in the “Shopping Bag” section. The Final Price of the Product may not be higher than the Price of the Product specified on the product page.

4.11. TOTAL PRICE — the sum of the Final Prices of all the products included in the Purchase Offer or in the Order.

4.12. SHIPPING COSTS — the cost of shipping an order to the Customer to the given address, determined by BUSYMONDAY according to the chosen delivery method.

4.13. PURCHASE OFFER VALUE — the sum of the Total Price and the Shipping Costs for a particular Purchase Offer.

4.14. ORDER VALUE — the sum of the Total Price and the Shipping Costs of the products in a particular Order approved for completion.

4.15. COURIER COMPANY — a delivery service provider designated by BUSYMONDAY to meet its obligations related to the delivery of customer orders.

4.16. PROOF OF PURCHASE — any document confirming the purchase of a product in the BUSYMONDAY Online Shop. In particular, these include receipts, invoices, money transfer confirmations, order confirmations, or postal receipts.

PLACING ORDERS

5. Purchases can be made 24/7 via the Internet.

6. The Customer makes BUDYMONDAY an offer to enter into a Purchase Agreement to BUSYMONDAY by clicking the “place order” button in the “Shopping Bag” section.

7. The products indicated in the Purchase Offer are not reserved and may be purchased by other Customers.

8. In the Purchase Offer, the Customer specifies the following:

8.1. product or products which shall be included in the Purchase Agreement, and the characteristics and quantity thereof.

8.2. Correct shipping details:

I. Customer’s name and surname. II. Company’s name (if necessary). III. Detailed address (the company’s office and/or place of service), including the street name, street and suite number, postal code, town and country. IV. Customer’s active email address vi. Customer’s active phone number.

8.3. Payment method.

9. The Customer is solely responsible for the accuracy of the data specified and shall bear all the financial costs resulting from misstated address details (in particular the cost of sending a package to a wrong address and the cost of returning the package to the sender).

10. The Customer should contact BUSYMONDAY by email if he or she needs an invoice.

11. BUSYMONDAY sends automatic receipts of Purchase Offers to the email address specified in the Offer. The automatic receipt is not a confirmation of the order or the Purchase Agreement.

12. BUSYMONDAY may refuse to accept the Purchase Offer without giving any reason in its sole discretion. Purchase Offers may be rejected due to, e.g. product unavailability, shipping limitations, the inability to send the payment by the Customer, the Customer’s failure to meet the criteria set out in the Terms of Use.

13. BUSYMONDAY shall not be liable to the Customer or any third party for the failure to accept the Purchase Offer.

ORDER CANCELLATION BY THE CUSTOMER

14. After placing the Purchase Offer, the Customer may cancel it by sending a proper notice to BUSYMONDAY, provided that the notice of cancellation is sent before the Customer receives the confirmation of the Order.

PURCHASE AGREEMENT

15. The Purchase Agreement is concluded on the moment the confirmation of the Order is sent by BUSYMONDAY to the Customer’s email address.

16. If the Customer does not receive the confirmation of the order within two business days from the date on which the Purchase Offer is submitted, the Purchase Offer is rejected.

17. BUSYMONDAY may accept only some of the products specified in the Purchase Offer for completion. In this case, the Customer receives the confirmation of the Order being partly accepted for completion.

18. Pursuant to the Purchase Agreement, BUSYMONDAY agrees to transfer the ownership of the products to the Customer and to deliver them to the Customer in accordance with these Terms of Use, while the Customer agrees to pay BUSYMONDAY the Order Value and to take delivery of the Order.

Condition precedent

19. The Purchase Agreement is concluded under the condition precedent that the Customer shall pay BUSYMONDAY the Purchase Offer Value or the Order Value within 3 days from the date on which the Purchase Agreement is concluded. The moment of payment shall be the date of the confirmation of the money transfer order or, for direct payments, the date on which BUSYMONDAY’s bank account is credited with the payment.

20. Legal effects resulting from the Purchase Agreement arise once the condition precedent referred to in Clause 17 is met. The failure to do so (i.e. the failure to pay the Order Value) results in the termination of the Purchase Agreement.

21. The Parties may arrange a different way to pay for the ordered products individually and in writing (by email). In this case, the condition referred to in Clause 17 is deemed to be nonstipulated.

PRODUCT PRICES

22. The binding price of the product is the Final Price specified in the order summary in the “shopping bag” section.

23. All prices on the BUSYMONDAY website are given in Polish zlotys and euro.

24. The value of the Purchase Offer is presented in the order summary in the “shopping bag” section after specifying the shipping address and payment method.

25. BUSYMONDAY may change Product Prices on an ongoing basis and carry out various promotional actions and sales. Purchase Offers placed prior to the publication of such changes shall be processed under the terms binding at the moment the order is placed.

PAYMENT METHODS

26. Customer can pay by:

I. PAYPAL (also supports foreign transfers, credit cards) II. Money transfer via Przelewy24 III. COD in the territory of Poland IV. Credit card through the operators with whom BUSYMONDAY cooperates V. Direct money transfer to BUSYMONDAY’s bank account.

27. The Customer makes the payment for the Order in advance, no later than within 3 Business Days from the date on which he or she receives the confirmation of the Order from BUSYMONDAY. The confirmation mentioned above contains all the information necessary to complete the payment, including the Order Value.

28. The Purchase Offer Value may be paid before BUSYMONDAY accepts the Purchase Offer for completion. In this case, it shall be treated as an advance payment, to which the legal regulations on earnest money do not apply. If the Purchase Offer is rejected by BUSYMONDAY or only a part of the Purchase Offer is accepted for completion, the advance payment shall be refunded to the Customer or the difference between the payment value and the Value of the Order Value accepted for completion shall be refunded.

SHIPPING

29. BUSYMONDAY delivers products ordered via Polish Postal Service and Courier Company FedEx in accordance with the Courier Company’s terms of service [link do regulaminu] available on the Courier Company’s website.

30. Shipping costs are borne by the Customer. The list of the current shipping costs can be found on BUSYMONDAY’s website:(adres cennika).

32. If the Customer wants to place an order that is to be delivered outside Europe, the costs and terms of such a shipment need to be individually calculated. In this case, the Customer should contact BUSYMONDAY by email: (shop[at]busymondaylab.com) or phone (+48 609139934) to determine the terms of completion of such an Order individually.

33. When accepting the shipment from the Courier Company, please check the package and its contents carefully. If the shipment is damaged, the courier should prepare a shipping damage report in two copies, both signed by the courier and the Customer. The Customer should then contact BUSYMONDAY immediately by email: ( shop[at]busymondaylab.com ) confirming that the damage report has been completed and the shipment has not been accepted by the Customer. The Customer should also make a copy of the damage report for his or her records.

ORDER COMPLETION

34. Completion of the Order is construed as selecting the products ordered and sending the Customer the shipment containing the products accepted for completion in the Order Confirmation.

35. Orders accepted for processing shall be completed immediately after receiving the confirmation of the payment to BUSYMONDAY’s account, but no later than within 2 (two) Business Days.

36. Products unavailable at the time the Purchase Offer is made or bespoke products shall be sent to the Customer at the time specified under individual email arrangements.

37. The Customer shall be sent the shipping receipt and shipping list number from BUSYMONDAY to his or her email address.

REPLACEMENT OF GOODS

COMPLAINTS

38. Complaints shall be submitted to BUSYMONDAY in writing via mail or email (the addresses are specified in Clause 1 of the Terms of Use) within two months from the moment the fault is discovered the fault not later than in two years from the delivery of the product.

39. Complaint procedure:

I. Take pictures of the product (particularly the fault) and send them with a description to BUSYMONDAY’s [ www.busymondaylab.com/office/form/complaint/Complaint-BUSYMONDAY-EN.pdf ] email address

II. BUSYMONDAY shall decide if the complaint is justified or unjustified within 14 days from the date on which the complaint is received III. If the complaint is accepted by BUSYMONDAY, the Customer should deliver the faulty product at the expense of BUSYMONDAY to the address specified in Clause 1 of the Terms of Use in the way described in the correspondence regarding the complaint. IV. BUSYMONDAY shall send the Customer a new unit of the product at its own expense or return the money, depending on the Customer’s wish – immediately, but not later than in 14 days from the delivery of the faulty product to BUSYMONDAY

THE RIGHT TO WITHDRAW FROM THE AGREEMENT

40. Pursuant to the Act on the protection of certain consumer rights and on the liability for the damage caused by a dangerous product (Dz. U. [Journal of Laws] No. 22 of 2000, item 271, as amended), the Consumer may withdraw from the agreement (resign from buying the product) without giving any reasons, within the period of 14 ( fourteen ) days from the delivery of the product.

41. In order to exercise the right mentioned in Clause 42 above, the Consumer should deliver a written statement on the withdrawal from the Purchase Agreement to BUSYMONDAY. For this purpose, the statement form available at [ www.busymondaylab.com/office/form/complaint/Complaint-BUSYMONDAY-EN.pdf ] can be used.

42. To meet the 14 day period requirement defined by the law, it is sufficient to send the statement within 14 days from the date of the delivery to the Consumer, also by email: Contact form

43. If the Consumer withdraws from the agreement using the abovedescribed method, he or she shall be obliged to return the purchased products to BUSYMONDAY (the address is specified in Clause 1 of the Terms of Use) in the original package and in nondeteriorated condition allowing BUSYMONDAY to determine without any doubt that it has not been used, in 14 (fourteen) days from the date of the withdrawal.

44. If the withdrawal comes into effect, BUSYMONDAY shall return the Total Order Value to the Consumer (including the costs of shipping the product to the Consumer)

PROCESSING OF PERSONAL DATA

45. By purchasing a product in the BUSYMONDAY Online Shop, the Customer agrees to have his or her personal data processed for the purpose of order completion.

46. Personal data is protected pursuant to Act of 29 August 1997 on personal data protection (consolidated text Dz. U. [Journal of Laws] of 2002 No. 101, item 926, as amended) to prevent access by third parties.

47. In accordance with the above law, Customers have the right to access their personal data, correct it and request it to be removed.

FINAL PROVISIONS

48. BUSYMONDAY may stop providing services, change the offer or withdraw the products offered at any time without giving any reason. Such changes shall not result in BUSYMONDAY being liable to the Customer or a third party in any way. These changes do not affect the performance under Purchase Agreements concluded before such changes are made.

49. The regulations of the Polish Law shall govern all issues not settled herein, in particular the Civil Code and the Act on specific terms and conditions of consumer sale and amendments to the Civil Code (Dz. U. [Journal of Laws] of 2002 No. 141, item 1176) and the Act on the protection of certain consumer rights and on the liability for the damage caused by a dangerous product (Dz. U. [Journal of Laws] No. 22 of 2000, item 271).

50. All names and designs of the products offered by BUSYMONDAY in the Online Shop are the property of BUSYMONDAY and may be under protection due to the Act on the Protection of Industrial Property or other relevant acts of law.

51. If the Terms of Use are changed, Purchase Agreements concluded prior to such changes are processed according to the rules in force at the moment the Purchase Agreement is concluded.

52. These Terms of Use have been in force since 25.12.2014

Busy Monday Team