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  539 983 930
I'll help you to chose the best duvet or pillow.
— Bernadetta

TERMS AND CONDITIONS

TERMS AND CONDITIONS 

on-line store My Alpaca sp. z o.o.

§ 1. Information about the entity operating the store.

The entity that runs the online store is My Alpaca sp. o.o. with its registered office in Krosno (postal code: 38-400), ul. Pużaka 18, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number 0000524208, with NIP number 6842639013, Regon number 181151572 , with share capital in the amount of PLN 600,000 (the capital was fully paid up).

§ 2. Definitions.

For the purposes of these regulations, the terms contained in this § 2 will have the meaning given below:
customer's address
means the e-mail address indicated by the customer, the address for correspondence or any other address indicated for the purpose of realizing the client's rights in the field of placing and processing orders using the store;
the price list
published by My Alpaca in the store prices of individual products;
working days
working days from Monday to Friday;
commercial information
any information intended, directly or indirectly, to promote goods, services or the image of an entrepreneur or professional, whose right to practice depends on the fulfillment of the requirements set out in separate laws, excluding information enabling communication by electronic means with a specific person and information on goods and services that do not achieve the commercial effect desired by the entity that orders it to be distributed, in particular without remuneration or other benefits from producers, sellers and service providers;
customer
potential customer or actual buyer of products presented by My Alpaca using the store;
consumer
a natural person who performs a legal act not related directly to his business or professional activity;
My Alpaca
My Alpaca Sp. z o.o .;
third parties
persons other than the client and My Alpaca;
products
products offered by My Alpaca for sale, presented by My Alpaca using the store;
entrepreneur,
natural person, legal person and organizational unit referred to in art. 331 of the Civil Code, conducting business or professional activity on its own behalf;
terms and conditions
means these regulations of the My Alpaca online store, along with any changes made by My Alpaca;
online store
shop run through the website http://www.shop.myalpaca.eu; / www.shop.myalpaca.eu
parties are customer and My Alpaca;
a sales agreement
means a legal legal relationship between My Alpaca (being a seller) and a client (being a buyer) in the form of a sales contract concluded on the terms set out in these regulations;
physical defect
physical defect of the product within the meaning of the Civil Code;

§ 3. General provisions.

1. These regulations define the terms and conditions for concluding contracts for the sale of goods using the website at http://www.myalpaca.pl / www.myalpaca.eu
2. The store is a platform enabling consumers to place orders for goods in My Alpaca's online offer via the Internet.
3. Only people over 18 can buy using the store.
4. The store's website presents the appearance and parameters of the products that may be found in the My Alpaca trade offer.
5. The content included in the store, in particular images, descriptions and prices of products do not constitute an offer within the meaning of the Civil Code. The content included in the store, including, in particular, images, descriptions and prices of products are only an invitation to submit offers within the meaning of art. 71 of the Civil Code. The presented catalogue of products does not constitute an offer within the meaning of the Civil Code, and is for informational purposes only.
6. Prices in the store are prices expressed in Polish zlotys (PLN) or in Euro (EUR) and include tax on goods and services (VAT). My Alpaca reserves the right to change prices in the store without first informing the customer. However, the price change does not apply to the prices of those orders that were ordered before the price change.
7. My Alpaca reserves the right to make at any time:
a) changes to the data contained in the store;
b) temporary limitation of the availability of individual products presented via the store;
c) withdrawing individual products from the store;
d) changes in the shop's technical parameters

§ 4. Submission and confirmation of orders.

1. Placing orders does not require logging in.
2. Orders can be placed only in Polish or English.
3. The customer selects products from products which images and descriptions are presented through the store. The choice of products is made by entering the quantity of selected products in the box next to the product ("quantity") and pressing the "add to basket" option.
4. The contract of sale is concluded by placing an order by the customer.
5. Placing an order takes place by electronic delivery of information about the customer's selection of products (contained in an electronic basket) together with the following customer details: name, invoice address (VAT registration number), delivery address, e-mail address mail. phone number, after selecting the "place an order" option. When placing an order, the customer also chooses the payment method and delivery / receipt of the ordered goods. The rates for the delivery of products are determined by My Alpaca at the stage of ordering.
6. Orders can be placed around the clock on all days of the year. My Alpaca will endeavour to process orders within 10 business days following placing your order.
7. Orders placed through the store are carried out only on the territory of the European Union. Execution of orders outside the European Union can only take place after prior arrangement of such an order with the representative of My Alpaca Sp z.o.o. and confirmation by the customer of the acceptance of shipping costs.
8. My Alpaca immediately confirms the receipt of the order by sending an e-mail with information about the receipt of the order.
9. The legal effect of My Alpaca sending information about the receipt of the order is to bind the customer with the offer.
10. The acceptance by My Alpaca of the offer is made by sending electronic correspondence to the customer - confirmation of the order being accepted. The contract of sale is concluded at the moment of sending to the customer the confirmation of the order for execution.
11. My Alpaca reserves the right to verify the fact and correctness of placing an order by the user through direct contact with the client.
12. The confirmation by My Alpaca of the acceptance of the order for execution made subject to a change or supplement constitutes a new offer. In this case, the sale agreement is concluded when My Alpaca receives the customer's statement about the acceptance of the offer without any reservations. Otherwise, the sales contract is not concluded.
13. My Alpaca offer referred to in § 4 para. 12 loses its effect after 48 hours from its sending. The term described is the deadline to accept the offer.
14. The sales contract is concluded on the terms of:
a) indicated in the confirmation of the order for execution referred to in § 4 para. 10 or
b) indicated in My Alpaca's offer referred to in § 4 para. 12.
15. In order to avoid any doubts, in the event of not concluding a sales agreement on the principles set out above, there is no agreement between the parties to conclude a sale agreement, unless the parties agree otherwise.
16. The sales contract is concluded in Polish or in English. The order confirmation is provided in Polish or in English.
17. The content of the sales contract is recorded and secured by My Alpaca. The content of offers and confirmations of acceptance of the order for execution shall be recorded in electronic form and secured against access by third parties.
18. My Alpaca, in connection with the sale of goods, issues an appropriate document confirming the sale, ie a receipt or invoice (VAT). The source of My Alpaca data to issue an invoice (VAT) is the data resulting from the customer's order form.
19. The price information is binding from the moment of its confirmation by My Alpaca in the confirmation of the order to be processed.
20. My Alpaca is not responsible for temporary inability to place orders through the store.
21. In order to facilitate the process of shopping using the store, it is permissible to conduct an email or telephone correspondence or correspondence in a different form between My Alpaca and the client via means of distance communication. In particular, any errors and ambiguities will be explained and corrected by correspondence.

§ 5. Execution of orders. Payment.

1. Subject to the second sentence, My Alpaca will make every effort to complete the order within 10 business days of the conclusion of the contract of sale. If the client makes payments in the form of a prepayment, the deadline referred to in the first sentence is counted from the date of payment of My Alpaca prepayment.

2. In the event of delays, My Alpaca determines a longer deadline for completion of the order and notifies the customer.
3. The customer makes payments for products purchased from My Alpaca in one of the following ways:
a) prepayment by bank transfer via the imoje service of ING Bank Śląski S.A
b) prepayment by bank transfer via PayU
c) prepayment by credit card or debit card via imoje ING Bank Śląski SA, PayU or PayPal.
d) payment on delivery (delivery by UPS). Additional charges are included in the transport costs. Upon delivery, you will be asked by a UPS courier to settle the payment in cash. To place an order with a “cash on delivery” payment, please contact us at craft@myalpaca.eu.

4. The customer can choose the following methods of receipt / delivery of the ordered goods:
a) personal collection at the headquarters or other facility of My Alpaca;
b) delivery to the customer via UPS courier.

5. In the case of delivery of goods via courier, the product is delivered at the customer's expense.

6. The product is delivered to the address indicated in the order placed by the customer.

7. My Alpaca reserves the right to withdraw from the sales contract concluded with the use of the store:
a) if the customer selects payment in the form of a prepayment - if the prepayment is not made within 3 days from the conclusion of the sale agreement or;
b) when the product is not available in the My Alpaca warehouse and the customer will not accept the extended deadline.
Conflicting in the consequences of withdrawal from the contract is to inform the customer about the cancellation of the order and refund of the prepayment.
The declaration of withdrawal from the contract may be submitted within 14 days f rom the date of occurrence of the reasons for exercising this right.

8. Where:
a) the parcel will not be picked up from the courier despite an attempt to deliver it or;
b) in the case of choosing the mode of personal receipt of goods - when the customer does not collect the goods within 7 days from the confirmation of the availability of the order for collection
My Alpaca has the right to withdraw from the sales contract.

9. In the event of withdrawal from the contract, My Alpaca will refund the value of the price paid by the client, provided that in the event of an attempt to be delivered by courier, the order will be reduced by courier's costs.
10. A prerequisite for personal collection of goods at my alpaca headquarters is documenting the identity and providing the order number.

§ 6. Commercial information.

1. My Alpaca does not send unsolicited commercial information to customers via electronic means of communication.
2. Commercial information is considered as ordered, if the customer has consented to receive such information, in particular, he has made available to him an electronic address identifying him.

3. The ordering of commercial information takes place by giving the customer consent to receive it - when filling out the registration order form.

§ 7. Complaints.

1. All complaints may be submitted to My Alpaca by written or electronic correspondence to the following address:
My Alpaca Sp. o.o., address: Pużaka 18, 38-400 Krosno, e-mail: craft@myalpaca.pl, telephone +48 539 983 930

2. The complaint should include at least the number of the recipient along with the contact telephone number, the order reference and a description of the problem being the basis for lodging the complaint.

3. Unless otherwise specified in other regulations, My Alpaca will consider complaints within 14 days from the date of receipt by the store of the parcel with the product being complained about. If it was impossible to explain the facts related to the complaint within the time specified in the first sentence, the complaint will be considered no later than within 14 days from the day on which, with due diligence, it was possible to clarify the circumstances.

4. When the parcel is picked up, the customer is obliged to check the contents of the parcel in the presence of the courier. If the customer stated that during the transport there was a loss or damage to the property, he is obliged to do all the actions necessary to determine the liability of the carrier.

5. The costs related to the return of the advertised goods My Alpaca returns immediately after the complaint has been considered. These costs can not, however, exceed those normally accepted in such relationships.

§ 8. Contact and complaints

1. By accepting the provisions of these regulations, the customer agrees to contact t he parties by e-mail and by phone as well as via other means of distance communication in order to perform the contract.
2. My Alpaca is liable to the Buyer for defects of the Products under the terms of Article. 556 of the Civil Code and subsequent ones.

3. In case of finding a defect of the Product, the Buyer is entitled to submit a complaint by traditional mail to the address of the Seller or to the following e-mail address: craft@myalpaca.pl.

4. A complaint should contain:
a. Buyer's name and surname;
b. e-mail address;
c. correspondence address;
d. attached proof of product purchase (eg invoice, proof of transfer, etc.);
e. accurate marking of the Product being complained about;
f. an exact description of the Product defect;
g. demand as part of the rights vested in the warranty,
h. the date of filing and signature of the Buyer, its authority or representative.

5. The Seller, within 14 days, will respond to the request contained in the complaint application, in the event of failure to comply with this deadline, it is considered that the Seller considered the Buyer's statement or request justified.

§ 9 Withdrawal

1. The Buyer who is a consumer is entitled under Art. 27 of the Act on consumer rights, the right to full or partial withdrawal from the Agreement without giving any reason and without incurring additional costs, with the exception of the costs specified in art. 33 and art. 34 of this Act.

2. The deadline to withdraw from the Agreement concluded at a distance is 14 days from the moment of delivery of the Product, and to meet the deadline, it is enough to send a statement before its expiry (via traditional mail to My Alpaca, electronic mail to craft@myalpaca.pl.

3. A suggested form template is available at the following link. Submitting a statement of withdrawal from the Agreement without using the form does not affect the effectiveness of withdrawal, provided it contains basic information about the Buyer (name and surname), his contact details (e-mail address and mailing address) and the identification of Products covered withdrawal from the Agreement,

4. In the event of withdrawal from the Agreement, the Buyer is obliged to return the Product to My Alpaca at his own expense and risk.

5. My Alpaca promptly, no later than within 14 days from the date of receipt of the notice of withdrawal from the Agreement shall return to the Buyer all payments made by him, including the delivery of the Product, however, if the Buyer has chosen a delivery method other than the cheapest standard delivery offered by My Alpaca, My Alpaca will refund to the Buyer only the cost of the cheapest delivery.

6. My Alpaca refunds the payment using the same method of payment as used by the Buyer, unless the Buyer expressly agreed to a different payment method, which does not involve any costs for him.

7. My Alpaca may withhold reimbursement of the payment received from the Buyer until receipt of the Product back or delivery by the Buyer of proof of its return, depending on which event occurs first.

8. The Buyer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning, in particular the costs of cleaning, repairing parts. In order to determine the nature, characteristics and functionality of the Products, the Buyer should handle the Products and check them only in the same way as he could do in the store.

9. The Buyer, in accordance with Article 38 of the Act on Consumer Rights, shall not be entitled to withdraw from the Agreement, in which the object of the provision is a non-prefabricated (tailor-made) product, manufactured according to the consumer's specification or serving to satisfy his individual needs. For such a product, all products offered by My Alpaca are ordered by the Buyer after indicating its size and parameters.

§ 10. Limited Warranty


1. My Alpaca offers a 5-year Limited Warranty which applies to it’s products - duvets filled with alpaca fibre.
2. The scope of the guarantee covers:
a. preservation of the declared thermoregulatory properties of the alpaca fiber with which the product is filled.
b. the quality and durability of manual quilting of the product and stitching.
3. This Limited Warranty is valid if the product has been purchased by the customer in the EU.
4. Product defects that are covered by this Limited Warranty, disclosed during the warranty period, will be removed free of charge within 30 business days, counting from the date of delivery of the product by the customer to the seller or the manufacturer's premises.
5. This Limited Warranty does not cover the deterioration of the product quality caused by the normal wear process, as well as the situation in which the deterioration of the product quality is caused by:
a. mechanical damage to the product;
b. damage caused by improper or inconsistent use, storage and maintenance of the product as well as use or leaving the product under inappropriate conditions (eg excessive humidity).
6. Instructions for use and washing the product are placed on the label, and a detailed washing instruction is described below in item 7.
7. Instructions for use of the product
a. It is recommended to use the duvet covered in bed linen (duvet cover), preferably a natural fabric.
b. Regular airing of the duvets in the open air is recommended.
c. If necessary, gentle dry cleaning and drying at low temperature (cold) is recommended, just like wool products (sheep wool, cashmere, alpaca) are dried.

8. The condition for exercising the rights from this Limited Warranty is to present a proof of purchase of the product and the Limited Warranty card signed by the seller.
9. This Limited Warranty does not exclude, limit or suspend the buyer's rights resulting from non-compliance of the product with the contract.

§ 11. Protection of personal data

The rules for the processing of personal data and cookies are described in the privacy policy available at www.myalpaca.pl / www.myalpaca.eu.

§ 12. Final provisions.

1. My Alpaca reserves the right to unilaterally make changes to these regulations at any time, but with effect for the future. The changes come into effect on the day they are published on the website under which the store operates. Amendments to the provisions of these Regulations do not apply to sales contracts, for which orders were placed during the period of validity of the previous version of the Regulations.
2. My Alpaca is not responsible for temporary inability to place orders through the store.
3. In the scope of obligations related to these regulations, My Alpaca's liability to clients is limited to damages done intentionally.
4. In matters not covered by these regulations, the provisions of the Civil Code and other provisions of law generally applicable in the territory of the Republic of Poland shall apply.