Terms of Service

§1 Introductory provisions

The online store is available at the Internet address shop.pomelody.com and is operated by Pomelody spółka z ograniczoną odpowiedzialnością, a limited liability company with its registered seat in Częstochowa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Częstochowa, XVII Commercial Department - KRS under the KRS number: 0000479187, REGON: 243383263, NIP: 5472147670, with the share capital of PLN 220,000.00 (in words: two hundred and twenty thousand PLN 00/100). Address of place of business and address for delivery: M. Bojemskiego 25 Street, 42-202 Częstochowa, e-mail address: support@pomelody.com. 

§ 2 Definitions

1. consumer - a natural person concluding a contract with the Seller through the Store, the subject of which is not directly related to his/her economic or professional activity.
2. Seller - Pomelody limited liability company with its registered seat in Częstochowa (postal code: 42-202) at M. Bojemskiego Street 25, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Częstochowa, XVII Economic Department - KRS under the KRS number: 0000479187, having NIP: 5472147670, REGON: 243383263, having a share capital of 220,000.00 PLN (in words: two hundred and twenty thousand PLN 00/100).
3. Customer - any entity making purchases through the Store.
4th Entrepreneur - a natural person, a legal person, and an organizational unit that is not a legal entity, which is granted legal capacity by a separate act, performing a business on its behalf, which uses the Store.
5. Entrepreneur-individual - Entrepreneur who is a natural person concluding a Sales Contract directly in connection with his business, which is not professional for him.
6. Store - online store operated by the Seller at the Internet address https://shop.pomelody.com/.
7. distance contract - a contract concluded with a Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
8. Rules and Regulations - these rules and regulations of the Store.
9. Order - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
10) Account - an element of the Store's software constituting a Customer's account in the Store, within the framework of which data provided by the Customer and information about Orders placed by him/her in the Store are collected.
11) Registration form - a form available in the Store that allows creating an Account.
12) Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
13.Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the details of the Order, in particular the number of Products.
14. Product - a movable item/service available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
15. Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Store. The Sales Agreement is also understood to mean - according to the characteristics of the Product - a contract for the provision of services and a work contract.

§ 3 Technical requirements

To use the Store, including browsing the Store assortment and placing Orders for Products, it is necessary to have:

* a terminal device with access to the Internet and a web browser such as Chrome, Firefox, Internet Explorer, Opera, Safari,
* an active electronic mail (e-mail) account,
* cookies enabled.

§ 4 General information

(1) To the fullest extent permitted by law, the Seller shall not be liable for interference, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the technical infrastructure of the Customer. The complaint procedure related to the functioning of the Store is regulated in § 13 of the Regulations.
(2) Browsing the assortment of the Store does not require an Account. Placing orders by the Customer for Products in the Store's assortment is possible after creating an Account, by the provisions of § 6 of the Rules and Regulations, or by providing the necessary personal and address data to enable the execution of the Order without creating an account.
(3) Prices given in the Store are given in Polish zloty, euros, or U.S. dollars and are gross prices (including VAT).
4. the final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery, and postal services), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing the will to be bound by the Sales Agreement.

§ 5 Establishing an Account in the Store

(1) To set up an account in the Store, you must complete the Registration Form. It is necessary to provide the following data: e-mail address and login password.
(2) Creating an Account in the Store is free of charge.
(3) Logging into the Account is done by providing the login and password established in the Registration Form.
4. the Customer has the opportunity at any time, without giving any reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular via e-mail to - support@pomelody.com.

§ 6 Principles of placing an Order

(1) The Customer may place Orders for Products available in the Store's assortment as a registered Customer (after logging into the Account) or as a so-called "guest" (unregistered Customer).
(2) To place an order, you should:
- Select the Product that is the subject of the Order, and then click the "Add to Cart" button (or equivalent), and if you wish to purchase several Products, this action should be repeated for each of the selected Products,
- After completing the process of selecting the Products, go to the "Order" module, and then:
- select the method of delivery of the Product, and, if the selected method of delivery of the Product requires it, the type of shipment; - select one of the available methods of payment and, depending on the method of payment, pay for the order within the specified period, subject to § 8 items 3; - click the "I buy and pay" button. 

§ 7 Offered methods of delivery and payment

(1) The ordered Product is delivered using specialized courier companies. The Customer shall bear the delivery costs specified in the price list available on the Store's website.
(2) The Customer is obliged to pay the price for the Product ordered from the Store, including delivery costs, no later than at the time of concluding the contract with the Seller. The following forms of payment are possible:
- Online transfer supported by the Przelewy24 system - a service operated by PayPro S.A., a national payment institution entered in the register of payment services under the number IP24/2014. The transfer is posted within several minutes, after which the Order is transferred for execution. Customers do not pay additional fees for this form of payment.
- Credit card or payment card.
(3) At the request of the Customer, a VAT invoice is issued. The VAT invoice may be delivered electronically to the e-mail address provided by the Customer unless the Customer expressly indicates that the VAT invoice should be delivered in traditional form.
(4) The delivery time of the products is no more than 7 working days from the date of conclusion of the contract. The time of receipt is each time the order is completed plus the delivery time. In case of delays, the customer will be informed in advance.

§ 8 Performance of the Sales Agreement

(1) The conclusion of the Contract of Sale between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Store by § 6 of the Terms and Conditions.
(2) After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for execution.
(3) If the Customer chooses: payment by electronic or traditional transfer or payment by credit card or payment card, the Customer is obliged to make payment within 7 calendar days from the date of conclusion of the Sales Agreement - otherwise the Order will be canceled.
(4) The Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
(5) In the case of ordering products with different delivery dates, the delivery date shall be the longest of the specified dates. In case of ordering products with different delivery dates, the Customer has the option of requesting delivery of the Products in parts or delivery of all the Products after the entire order has been completed.
(6) The beginning of the period for delivery of the Product to the Customer is counted from the date of crediting the Seller's bank account with the payment of the price made by the Customer.
(7) In the case of ordering Products with different dates of readiness for collection, the date of readiness for collection is the longest of the specified dates.
(8) The delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery, and postal fees) are indicated to the Customer on the Store's website when placing an Order.

 

§ 9 Purchase of access to Online Courses and purchase of audio files in mp3 and CD format.

(1) In the case of conclusion of a Sales Contract for a Product that includes an audio file in mp3 format, a link to download the Product will be sent to the Consumer or Entrepreneur-individual or the Product will be made available in his/her Customer Account after 14 days from the conclusion of the Contract. The Product will be shipped before the expiration of this period in case the Customer checks the box with the statement: "I agree to deliver the Product before the expiration of the 14 days for withdrawal from the Contract, and I declare that I have been informed that this agreement results in the loss of the right to withdraw from the Contract".
(2) The Product download link referred to in paragraph 1 sent to the Customer will be active for 365 days after the purchase. Thus, the Seller recommends that the Customer save the purchased Products in the memory of his device or any other possible medium. The Seller is not responsible for the lack of access to the Product after the period of activity of the link referred to in the first sentence.
(3) In the case of conclusion of a Sales Contract for a Product that consists of an audio file recorded on a CD, the Consumer or Entrepreneur-individual shall lose the right to withdraw from the Sales Contract if the sealed package in which the Product was packaged is opened.
(4) The purchase of access to Online Courses, except the "Pomelody Kindergarten" Course, is made through a separate website of the Seller, available at kurs.powerofmelody.com, to which the Customer is transferred after clicking the "Buy on the Course page" box. Contracts concluded through the website kurs.powerofmelody.com shall be governed by the provisions of the Regulations made available there, these Regulations shall not apply.
(5) The purchase of access to the online Course "Kindergarten of melody” shall be made through a separate Vimeo website operated by a third party providing access to the Course at vimeo.com/ondemand/preschoolofmelody, to which the Customer is transferred after clicking the "Buy or rent on Vimeo" box. To contracts concluded through the Vimeo website, the provisions of the terms and conditions of this website shall apply, these Terms and Conditions shall not apply.
(6) The Seller guarantees the availability of digital files in the Customer's account for 365 days after the purchase.

§ 10 Right of withdrawal

(1) The Consumer and Entrepreneur-person, may within 30 days withdraw from the Sales Agreement without giving any reason, subject to the provisions of § 9.
(2) The running of the period specified in Paragraph 1 shall begin from the delivery of the Product to the Customer referred to in Paragraph 1, or to a person other than a carrier designated by him.
(3) In the case of a Contract that includes multiple Products that are delivered separately, in batches, or parts, the period indicated in paragraph 1 shall run from the delivery of the last item, batch, or part.
(4) To meet the deadline within which the Customer referred to in paragraph 1 may withdraw from the Sales Agreement, it is sufficient to send a statement before the deadline. The declaration of withdrawal from the contract may be made, for example:
- in electronic form via e-mail to: support@pomelody.com, - in writing to the address: 1 Wiosenna Street, 30-238 Krakow.
(5) Effects of withdrawal from the Agreement:
a. in the case of withdrawal from the Agreement concluded at a distance, the Agreement shall be considered not concluded;
b. in the case of withdrawal from the Agreement, the Seller shall return to the Client, referred to in paragraph 1, immediately, no later than within 14 days from the date of receipt of the Client's statement of withdrawal from the Agreement, all payments made by the Client, including the costs of delivery of items, except for additional costs resulting from the method of delivery chosen by the Client other than the cheapest ordinary method of delivery offered by the Seller;
c. the Seller will refund the payment using the same methods of payment that were used by the Customer referred to in paragraph 1 in the original transaction unless the Consumer has expressly agreed to a different solution that will not incur any costs for him;
d.     The Seller may withhold reimbursement of the payment until it receives the Product back or until it is provided with proof of its return, whichever event occurs first;
e.     The Customer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Customer sends back the Product before the expiration of the 14 days;
f.      The Customer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by mail in the usual manner;
g.     The Customer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics, and functioning of the Product.
(6) If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be located in the description of the Product in the Store.

(7) The right of withdrawal does not apply to the customer referred to in paragraph 1 with respect to the contract (pursuant to Article 38 of the Act of May 30, 2014 on consumer rights:
(a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract,
b) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract,
c) in which the subject of the performance is a non-refabricated thing, produced to the consumer's specifications or serving to meet his individualized needs;
d) in which the subject of the performance is an item that is perishable or has a short shelf life,
e) in which the subject of the performance is an item delivered in a sealed package that cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery,
f) in which the subject of the performance are things that after delivery, due to their nature, become inseparable from other things,
g) in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control,
h) in which the consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides in addition other services than those requested by the consumer, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or things,
i) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery,
j) for the supply of newspapers, periodicals or magazines, except for a subscription contract,
k) concluded through a public auction,
l) for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service,
m) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right of withdrawal.

§ 11Warranty for defects and guarantee

(1) The subject of the Sales Agreement is new Products.

(2) The Seller shall be liable for defects of the Product based on the applicable laws governing liability under warranty for defects of the purchased item exclusively concerning Customers who are Consumers. If the Sales Agreement is concluded with a Customer who is not a Consumer, the Seller's liability under warranty is excluded.

(3) Complaints under warranty may be submitted via e-mail by sending an e-mail to: support@pomelody.com. The notification should include a description of the defect and photos of the Product showing the defects.

(4) The Customer has the right to demand a reduction in price or withdrawal from the Agreement unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect unless the Product has already been replaced or repaired by the Seller or the Seller failed to meet the obligation to replace the Product with a defect-free one or remove the defect. The Client may also, instead of the removal of the defect proposed by the Seller, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into conformity 

with the Agreement in the manner selected by the Client is impossible or would require excessive costs in comparison with the manner proposed by the Seller.

(5) The Customer shall not be entitled to withdraw from the contract if the defect in the Product is insignificant.

(6) The Seller shall consider a warranty complaint within 14 days from the date of its receipt 

in its correct form. If the seller does not respond to the Customer's demands within 14 days, it means that the Seller has recognized the demands as justified. In any of the above cases, 

when the implementation of the Customer's requests involves the delivery of a new or repaired product, the cost of delivery shall be borne by the Seller.

(7) Goods sent back under the complaint procedure should be sent to the address - Wiosenna 1 Street, 30-238 Krakow.

§ 12 Newsletter

(1) The Newsletter service shall be provided by the Seller through the Store's website.

(2) Newsletter service is free of charge and consists of the transmission of information by the Seller about current promotions and Products offered in the Store to the e-mail address or telephone number indicated by the Client.

(3) To use the Newsletter service, the Customer should enter his/her e-mail address or telephone number in the field titled "Newsletter melody Let's be in touch" and click the "Subscribe" button. Performing these actions is tantamount to consent to the transmission of commercial information by the Seller. 

(4) The Customer may unsubscribe from the Newsletter service at any time by sending an appropriate request to the Seller at the e-mail address: support@pomelody.com.

 

§ 13 Complaints related to the functioning of the Store

(1) Any complaints related to the functioning of the Store or services provided through it should be reported to the Seller at the e-mail address: support@pomelody.com indicating the description of the problem.

(2) The Seller will immediately proceed to diagnose the cause of the problem 

with the functioning of the Store, or the service, and will inform the Customer filing the complaint 

about the manner of its consideration within 14 working days of receipt of the notification.

(3) The Seller reserves the right to contact the Customer for additional information relating to the reported complaint. The waiting time for obtaining a response will result in the suspension of the time limit indicated in paragraph 2.

 

§ 14 Out-of-court means of redress

 

(1) Detailed information on the consumer's ability to use out-of-court 

out-of-court ways of handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of the county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection 

and Consumers: 

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.

(2) The consumer has the following examples of out-of-court ways of handling complaints and claims:

a. Entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller;

b. the right to apply to the provincial inspector of the Commercial Inspection, under Article 36 of the Commercial Inspection Act of December 15, 2000 (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings 

on the amicable settlement of the dispute between the Consumer and the Seller;

c. the possibility of obtaining free assistance in resolving a dispute between the Consumer and the Seller, in particular, free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).

§ 15 Personal data in the Online Store

The administrator of the Customers' personal data collected via the Online Store is the Seller - Promelody Spółka z ograniczoną odpowiedzialnością 

based in Częstochowa, M. Bojemskiego Street 25, 42-202 Częstochowa, e-mail address: support@pomelody.com.

(2) The principles of processing Customers' data by the Administrator have been specified 

in the Privacy Policy document, constituting an integral part of these Regulations, available on the Store's website.

§ 16 Final provisions

(1) Contracts concluded through the Store are concluded in the Polish language.

(2) The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Client about each change at least 7 days in advance at the e-mail address indicated in the Registration Form.

(3) Matters not covered by these Regulations shall be governed by the generally applicable provisions of Polish law, in particular the Civil Code, the Act of 18 July 2002 on the provision of electronic services; the Act of 30 May 2014. 

on consumer rights, Regulation of the European Parliament and the Council (EU) 2016/679 

of April 27, 2016, on the protection of natural persons about the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation); and the Act of May 10, 2018, on the protection of personal data.