Terms and Conditions

Polish law has been used for these GTCs, however, pursuant to Article 6(2) of the Regulation (Eg) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) also the rights and claims against the seller, which are in the law of your country of origin.

1. General Provisions

1. Need Sleep’s online store, accessible at the Internet address www.needsleep.eu, is operated by ISOIS Sp z oo and is based in Warsaw (registered office and postal address: Nowogrodzka 31, 05-511 Warsaw, Poland); registered in the National Court Register by the District Court in Warsaw, XII Economic Division of the National Court Register under KRS number 0000767954 tax number PL7010903204 REGON 382378426
2. These general terms and conditions are addressed to consumers and contain the rules and procedure for concluding a distance contract with a consumer via the shop.

2. Definitions

1. Seller – ISOIS Sp z oo with its registered office in Warsaw Nowogrodzka 31, postal code 00-511, registered in the National Court Register by the District Court for Warsaw, XII. Commercial Division of the National Court Register under number KRS 0000767954 NIP PL7010903204, DE326816455 REGON 382378426
2. Customer –– (1) an individual possessing unrestricted legal capacity; (2) a legal entity; or (3) an organizational entity that is not a legal person but which the legal system recognizes as having legal capacity in its own right; – who has concluded or intends to conclude a purchase agreement with the seller.
3. Store – an online shop operated by the seller at the Internet address www.needsleep.eu.
4. Distance Contract – a contract concluded with a Customer within the framework of an organized system of distance sales (within the Store) without the simultaneous physical presence of the parties, using only one or more means of distance communication up to and including the conclusion of the contract.
5. Order – a declaration of intent by the Customer, which is submitted via the order form and the purpose of which is to conclude a purchase contract with the Seller.
6. Buyer Account – a Digital Service, a collection of data provided with an individual username (login) and protected with a password entered by the Customer, stored in the Service Provider’s digital data processing system and within which the personal data of the Customer and information about the orders placed by them in the online shop.
7. Registration Form – a form available in the Store that allows the Customer to create a Buyer Account.
8. Order Form – an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Purchase Agreement, including the method of delivery and payment.
9. Shopping Cart – an element of the Store’s software in which the Products selected by the Customer for purchase are visible and in which it is possible to determine and change the details of the Order, in particular the quantity of Products.
10. Product – movable goods are available through the Online Store, which are the subject of the Sales Agreement between the Customer and the Seller.
11. Sales Agreement – ​​a Product Purchase Agreement concluded between the Customer and the Seller through the Online Store.
12. Consumer Law, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827 with amendments)
13. Civil Code – the Polish Civil Code of 23 April 1964 (Journal of Laws 1964 No. 16, item 93 with amendments).

3. Contact

1. Seller’s address: Nowogrodzka 31, 00-511 Warsaw, Poland.
2. Seller’s email address: info@needsleep.eu
3. Seller’s account number DE35 8505 0100 0232 0778 94 Sparkasse Oberlausitz Niederschlesien, SWIFT-Adresse (BIC): WELADED1GRL
4. The customer can communicate with the seller via the addresses and telephone numbers mentioned in this paragraph.
5. Customer service is available from Monday to Friday between 7 a.m. and 3 p.m.

4. Prices

1. The prices in the online shop are given in Euros and are gross prices (including the VAT applicable in the country of delivery).
2. The shipping costs are not included in the purchase price. They are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
4. You have to bear the costs incurred for the money transfer (bank transfer or exchange rate fees) in cases where the delivery is made to an EU member state but the payment was made outside the European Union.

5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

5. Creation of a buyer account

1. It is not mandatory to create a buyer account.
2. To create a buyer account in the shop, you must fill out the registration form. The following data must be entered: your first name, last name, billing address and shipping address.
3. Logging into the buyer’s account is done by entering the login and password specified in the registration form.
4. You can terminate the buyer’s account at any time without giving a reason and without incurring any fees by sending a corresponding request to us (the seller), in particular by e-mail or in writing to the addresses mentioned in § 3.

6. Placing an order

1. To place an order:
   1. Select a product and then click the “Add to Cart” button.
   2. Log in or use the option to place an order without registering;
   3. If the option of sending the order without registration was chosen – fill out the order form by entering the data of the recipient of the order and the address to which the product should be delivered, choose the method of delivery (Method of delivery of the product), enter the data for the invoice if they differ from the data of the recipient of the order,
   4. Click the “Order and Pay” button.
   5. Select one of the available payment methods and please pay for the order within 7 days.
   6. Orders not paid within 7 days will be automatically cancelled.

7. Terms of payment

1. The customer can use the following means of payment:

1. 1. Prepayment – We ask you to transfer the invoice amount to our bank account within 7 days of the payment request. Orders not paid within 7 days will be automatically cancelled.
   2. PayPal – You pay directly through your PayPal account. After submitting your order, you will be forwarded to PayPal and release the order value there. When the goods are shipped, your PayPal account will be debited with the actual invoice amount after deducting any discounts, gift vouchers, etc.

8. Terms of Delivery

1. Delivery is by General Logistics Systems (GLS).
2. The GLS courier makes up to two delivery attempts. If the courier cannot reach you personally, he will leave the package with your neighbor. If the courier does not find anyone after the second attempt, the parcel will be stored in the nearest ParcelShop. You then have 10 working days before the package is returned to us.
3. The shipping costs are not included in the purchase price. They are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
4. Detailed information about the shipping costs per country can also be found in the “Shipping costs” section on the shop’s website.
5. Some of our products (e.g., cots) are made to order and delivery can take up to 10 days. You can find information about the extended delivery date on the product page.

9. Conclusion of the contract

1. The conclusion of the purchase contract between the customer and the seller takes place after the customer has placed an order via the order form in the online shop in accordance with § 6 of the GTC.
2. After placing the order, the seller immediately confirms its receipt and at the same time accepts the order for execution. The confirmation of receipt of the order and its acceptance for execution takes place by sending the customer a corresponding e-mail to the e-mail address provided by the customer when ordering, which at least contains the seller’s declaration of receipt of the order and its Acceptance contains the implementation and confirmation of the conclusion of the purchase contract. After receipt of the above email by the customer, a sales contract is concluded between the customer and the seller.
3. If the customer chooses:
   1. Payment by bank transfer, electronic payment or payment by credit card, the customer is obliged to make the payment within 7 calendar days from the date of the purchase contract – otherwise the order will be cancelled.
   2. The product will be shipped by the seller within the period specified in the product description.
4. When ordering products with different delivery dates, the delivery date is the longest specified date. The beginning of the period for delivery of the product to the customer is calculated as follows:
   1. If the Customer chooses the payment method by bank transfer, electronic payment or payment card – from the date of crediting to the Seller’s bank account.

10. Right of Withdrawal

1. You have the right to withdraw from this contract within fourteen days without giving any reason.
2. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
3. In order to exercise your right of withdrawal, you must inform us (ISOIS Sp. z oo Nowogrodzka 31, 00511 Warsaw, Poland, e-mail: info@needsleep.eu ) by means of a clear written statement (e.g., a letter sent by post or e -Mail) about your decision to revoke this contract.
4. As soon as we have received notification of your cancellation of this contract, you will receive a free return slip from us.
5. We will bear the costs of returning the goods.

11. Consequences of revocation

1. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
2. If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
3. For reimbursement, we will use the same payment method that you used in the original transaction, unless otherwise agreed with you. You will not be charged any fees for this refund.
4. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
5. The consumer should return the product using the free GLS return label provided by the seller.
6. Please note that a returned item must be in the same condition that you received it. This means that the item must not show any signs of assembly/wearing and must be returned to us in a suitable box. If a returned item is not in this condition, the refund may be reduced.

12. Complaints and Guarantee

1. The sales contract applies to new products.
2. The seller is obliged to deliver a defect-free item to the customer.
3. In the event of a defect in the goods purchased from the seller, the customer has the right to make a complaint based on the warranty provisions of the Civil Code.
4. Please write an e-mail to info@needsleep.eu with the subject “Complaint for order number: _____________”.
5. In this e-mail we need pictures of the damage and a short description of the problem. In the event of transport damage, the customer can expect replacement parts to be sent. However, please check the packages and write a damage report with the courier, which will facilitate the whole claim process.
6. The seller must respond to the complaint request immediately, at the latest within 5 days; if he does not do this within this period, the customer’s request is deemed to be justified
7. The intended use of the items purchased from us is covered by a one-year guarantee. This warranty extends only to the original retail purchaser and is only valid with proof of purchase presented.
8. Loss of Shipments. Customers have up to 7 days from the estimated delivery date to report the non-receipt of a shipment. In such a case, the seller will send the customer a document confirming the non-receipt of the shipment. The customer then has an additional 7 days to return the signed document to the seller, confirming the non-receipt of the shipment. In total, no more than 14 days may have elapsed since the signing and return of the non-receipt confirmation document. In this case, the seller will file a complaint with the carrier, which, in accordance with its own regulations, has 30 days to investigate the complaint and locate the shipment.

13. Transport damage

1. If goods are delivered with immediately recognizable and therefore obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible:

German hotline for recipients of GLS packages: 06677-646907000.

Austrian hotline from GLS: 059876-3000

GLS customer service is available from Monday to Friday between 8 a.m. and 6 p.m.

Before calling, please have the GLS parcel number ready (also called the track ID).

The e-mail address for recipients of German GLS parcels is service@gls-germany.com.

The e-mail address of GLS Austria ispaketinfo@gls-austria.com.

2. Failure to make a complaint or contact in the event of transport damage does not affect your statutory warranty rights and their existence. With your actions, however, you support us in being able to assert our own legal claims against the carrier or any transport insurance that may exist.

14. Out-of-court complaint and legal remedy procedures

1. Detailed information about the possibilities for consumers to use out-of-court complaint and redress procedures, as well as the rules for accessing these procedures are available in the offices and on the websites of district (city) consumer ombudsmen, social organizations at whose statutory tasks include consumer protection, the Provincial Labor Inspection Inspectorate and the following Internet addresses of the Office for Competition and Consumer Protection:

• • https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_ Konsumenckich.php
  • https://uokik.gov.pl/sprawy_indywidualne.php
  • https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php

2. Detailed information on the out-of-court settlement of consumer disputes available to the consumer-customer, as well as the making of claims and the principles on which to take them, can be found at the offices of local (for each county or city ) Commissioners for Consumer Rights and other social consumer protection organizations, the local inspectorates of the State Trade Inspectorate and on their websites; also on the website of the Polish Office for Competition and Consumer Protection at:https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_ Konsumenckich.php.
3. There is also a contact point at the President of the Office for Competition and Consumer Protection (phone: 22 55 55 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or the written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa .), whose task is to support consumers in cases of out-of-court settlement of consumer disputes.
4. The consumer has the following examples of out-of-court remedies and the right to compensation: (1) an application for dispute resolution to the Permanent Consumer Arbitration Court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court settlement of the dispute to the provincial (voivodeship) inspector of labour inspection (more information on the website of the inspector responsible for the seller’s place of business); and (3) supporting a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (inter alia: Consumer Federation, Polish Consumer Association). Advice is given, among other things, by e-mail atporady@dla Konsumentow.pl and the consumer hotline 801 440 220 (the hotline is open weekdays from 8:00 a.m. to 6:00 p.m., call charges according to the operator’s tariff).
5. The online platform for dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual one-stop shop for consumers and traders seeking an out-of-court settlement of a dispute over contractual obligations arising from an online purchase or service contract (more information on the platform’s website itself or on the website of the Office for Competition and Consumer Protection): https://uokik.gov.pl/spory_consumerckie_faq_platforma_odr.php).

15. Privacy Policy

1. The administrator of the personal data of customers collected through the online store is the seller
2. The Customer’s personal data collected by the Administrator through the online store are collected for the purpose of executing the purchase contract and, with the Customer’s consent, also for marketing purposes.
3. When a purchase is made in the online store, depending on the customer’s choice, personal data may be transmitted to the following entities in order to deliver the ordered goods:

1. Courier service GLS – General Logistics Systems Poland Sp. z ooul. Tęczowej 10, w Gluchowie, 62-052 Komorniki, Poland
2. In the case of electronic payments, the administrator provides the collected personal data of the customer to the electronic payment processor selected by the customer in the online store.

4. The customer has the right to view and correct their data.
5. The provision of personal data is voluntary, whereas failure to provide the personal data required for the conclusion of the purchase contract referred to in the General Terms and Conditions will result in the inability to conclude the purchase contract.

16. Final Provisions

1. Contracts concluded through the online store are concluded in Polish.
2. The seller reserves the right to change these conditions for important reasons, eg: changes in the law, changes in payment and delivery modalities – insofar as these changes affect the implementation of the provisions of these conditions. The seller must inform the customer of any change at least 7 days in advance.
3. For matters not regulated in these Terms, the generally applicable provisions of Polish law apply, in particular Polish law: Civil Code; Electronic Services Provision Act; Consumer Rights Act, Personal Data Protection Act.
4. The customer has the right to use out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU ODR online platform, which can be found at the following address:http://ec.europa.eu/consumers/odr/.