Terms and Conditions of Use:
Version no.: 1.2 of 10.02.2021
These Terms and Conditions of Use come into force on 10.02.2021
Seller - Thomas Harmony Company operating based on an entry to the Central Register and Information on Economic Activity of the Republic of Poland.
- NIP [Tax Identification No.]: 9581519078
- VAT-UE: PL9581519078
- REGON [National Business Registry No.]: 361935700
Goods - movables presented at the Online Store subject to a sales contract between the Client and the Seller.
Client - a natural person, legal person or an entity without legal personality, which intends to enter into or entered into a sales contract with the Seller.
Consumer – in accordance with article 221 of the Act of 23 April 1964 - the Polish Civil Code the consumer is a natural person who performs an act in law that is not directly related to their professional or business activity.
Consumer product - a movable being the subject of a sales contract made within the scope of the Seller's business activity to a natural person who purchases this movable for purposes unrelated to professional or business activity.
Announcements, advertisements, price lists and other information about the goods published on the Store's webpages, specifically their descriptions, technical and performance parameters and prices constitute an invitation to enter into a contract as defined in Article 71 of the Act of 23 April 1964 - Civil Code.
1. Subject of sale
1.1. Sacred Forest online store sells musical instruments and different types of related accessories.
2.1. Prices of the Goods published on the Online Store's website are quoted in EUR by default. The Client may switch the currency on the Store' website and have it automatically converted to Polish zloty (PLN) or American dollar (USD). The currencies are converted at the average currency exchange rates applicable at a given day.
2.2. All prices at the Store include VAT.
2.3. The price of the Goods published on the Online Store's website is valid the moment the Client places an Order.
2.4. Possible delivery costs are displayed upon placing an Order. They depend on the delivery method selected by the Client.
3. Placing orders
3.1 Orders may be placed using:
- a form available on the Store's website
- via e-mail to email@example.com
- by phone
3.2 Processing an order requires the following data:
- first and last name or business name
- delivery address
- contact phone or e-mail address
4. The moment of conclusion of a sales contract
4.1. A sales contract is concluded the moment the Online Store sends information about accepting an order for processing to the e-mail address of the Client listing all essential order components.
4.2. The order is processed by the Seller only after the total price of the goods and transport costs are paid, with the exception of payment on collection option. Then, the goods are sent before payment, which is made at the Client's to a courier or post employee.
5. Payment methods
5.1. The Store accepts the following payment methods:
- payment by transfer to a bank account in EUR, PLN and USD.
- payments effected by express payment systems cooperating with multiple banks and card payment options.
- payment through the Paypal system.
- payment on collection. Payment on collection at the Client's made to a courier or post employee.
6. Delivery methods
6.1. Delivery using courier or post services in Poland.
6.2. Delivery using courier services in the European Community (Schengen).
6.3. Delivery using courier services in Europe outside Schengen.
6.5. Delivery using courier services to other continents besides Europe: North America, South America, Africa, Asia, Australia.
6.6. A detailed list of transport prices can be found on the Store's website in the transport section.
6.7. Personal collection. The Client may collect the Goods personally at the Seller's after making a full payment for said Goods.
6.8. The Goods ordered by the Client are sent in up to 2 days of receipt of payment for the order except when the Goods are out of stock. Then the Seller agrees to notify the Client thereof by e-mail or by phone. The Client's decision to postpone the Goods' dispatch also serves as an exception.
6.9. If the Goods are sent from outside the European Schengen Area, they undergo extra customs clearance subject to additional costs and taxes in amounts depending on the Client's destination country. The Client bears all customs clearance charges for the ordered Goods.
7. Withdrawal from a contract
7.1. Pursuant to the Act of 2 March 2000 on the Protection of Certain Consumer Rights and the Liability for Damage caused by a Dangerous Product, the Consumer who entered into a distance contract may withdraw from said contract within 14 days of receiving the Goods from the carrier and, in the case of a contract for services - within 14 days of its conclusion.
7.2. To meet the deadline referred to in section 7.1, it is enough to send a written statement before the deadline’s expiry to:
- the Seller's e-mail address firstname.lastname@example.org or
- correspondence address: Thomas Harmony ul. Leopolda Staffa 11C/27, 81-597 Gdynia
7.3. In the event of withdrawing from a distance contract, said contract is deemed not to have been concluded. Whatever the parties have furnished shall be returned unchanged, unless the change was necessary in the ordinary course of business. The return shall take place immediately, not later, however, than within 14 days.
7.4. The purchased Goods must be sent back to:
Thomas Harmony ul. Leopolda Staffa 11C/27, 81-597 Gdynia
7.5. The cost of the Goods' return is incurred by the Consumer.
8.1. The basis and scope of the Seller's liability towards the Client who is also a consumer as defined by Article 221 of the Act of 23 April 1964 - Civil Code for nonconformity of the goods with the contract is specified in the Act of 27 July 2002 on Special Terms of Consumer Sales and amending the Civil Code.
8.2. A notification of the Goods' nonconformity with the contract must be sent to email@example.com or Thomas Harmony ul. Leopolda Staffa 11C/27, 81-597 Gdynia, or filed personally at Thomas Harmony ul. Leopolda Staffa 11C/27, 81-597 Gdynia.
8.3. The notification referred to in section 8.2 must specify:
- Client's first and last name,
- order number,
- date of purchase,
- date of occurrence of nonconformity,
- description of nonconformity,
- request to have the Goods restored to conformity with the contract.
8.4. The Seller shall address the Consumer's request not later than within 14 days.
8.5. The Goods that are not in conformity with the contract must be sent back or delivered personally to: Thomas Harmony ul. Leopolda Staffa 11C/27, 81-597 Gdynia.
9. Amendments to the Terms and Conditions of Use
9.1. The Seller has the right to amend hereof for valid reasons, specifically including:
- amendments to legal provisions related to consumer law and e-commerce,
- changes to payment methods,
- changes to delivery methods,
- changes of the legal form of its business.
9.2. The amendments take effect 7 days after being posted on the Online Store’s website, specifying the date of publishing the changes.
9.3. The uniform text hereof with amendments will be published on the Seller's website, specifying the date on which it comes into force.
9.4. The amendments hereto will not affect the placed and processed orders. The orders accepted for processing are subject to the Terms and Condition of Use in force at the time of placing the order.
10. Courts competent for dispute resolution
10.1. Possible disputes between the Seller and Consumers shall be submitted to competent courts in line with the provisions of the Act of 17 November 1964 – the Polish Code of Civil Procedure.
11. Matters not settled in the Terms and Conditions of Use
11.1. Contracts concluded through the Online Store are concluded in compliance with Polish law in the Polish or English language.
11.2. To all matters not settled herein the following provisions apply:
- Act of 23 April 1964 - Civil Code,
- Act of 2 March 2000 on the Protection of Certain Consumer Rights and the Liability for Damage caused by a Dangerous Product,
- Act of 27 July 2002 on Special Terms of Consumer Sales and amending the Civil Code.
12. Personal data
12.1. The Consumer's personal data is processed only for the purpose of establishing, shaping the content, changing or terminating the legal relationship between the Seller and the Consumer.
12.2. Detailed information on the Consumer's personal data collected through the Online Store and storage thereof can be found on the Store's website in the Privacy Protection section.
These Terms and Conditions of Use cannot be copied, distributed and used for purposes other than those related to a sales contract, or for the purposes of legal proceedings.