The following definitions apply within these Terms and Conditions:
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TERMS – Refers to these Terms and Conditions.
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CUSTOMER – A natural person, legal entity, or organizational unit without legal personality but with legal capacity, who places an Order in the Online Store as per these Terms.
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CUSTOMER WITH CONSUMER RIGHTS – A natural person registered as an entrepreneur in the CEIDG, placing an Order within their business activity but unrelated to the professional nature of this activity. This applies only to customers with a place of delivery or registered office in Poland.
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CONSUMER – A Customer who is a natural person using the Online Store for purposes not connected to their business or professional activities.
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PRODUCT – A movable item available in the Online Store, covered by the Sales Agreement.
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SALES AGREEMENT – A contract for the sale of Products, as defined by the Civil Code, established between the Seller and the Customer through the Store's website.
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ONLINE STORE (SHOP) – The website available at www.heyshappy.com through which the Customer can place an Order.
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ORDER – The Customer's declaration of intent that clearly specifies the type and quantity of Products, aimed directly at forming the Sales Agreement.
The Online Store is intended to facilitate the sale of available products and allow customers to place Orders for these products through the website. The service can be utilized by completing an Order form without logging in. The Store permits the free browsing of product listings.
Sales transactions are conducted online between the Customer as the Buyer and the Store as the Seller.
It is the responsibility of every Customer purchasing products offered by the Store to familiarize themselves with these Terms and Conditions.
- 2 TECHNICAL REQUIREMENTS FOR ORDERING
To utilize the services provided by the Store, the following technical requirements must be met:
- Access to the Internet.
- A properly configured web browser.
- A current and properly configured email account.
- Cookies and JavaScript enabled.
- A program capable of accessing and reading PDF files.
If the Customer uses hardware or software that does not meet the above technical requirements, the Store does not guarantee the service will function correctly and warns that it may adversely affect the quality and progress of the ordering process.
Customers are prohibited from submitting unlawful content, including in Product reviews.
The Store ensures that all Product reviews originate from Customers who have purchased the specific Product. To this end, the Store restricts access to the rating and opinion forms about the Product to Customers who have completed a purchase. Customers who purchase without registration will receive a special link in the order confirmation email, granting them access to the feedback form for the specific Product.
Customers may subscribe to the Store's newsletter to receive periodic updates on products and services. To subscribe, the Customer enters their email address in the newsletter form available on the Store’s website and consents to the processing of their personal data for this purpose. The Customer may unsubscribe from the newsletter at any time by sending an unsubscribe request tocontact@heyshappy.com or by clicking the unsubscribe link in any email received from the newsletter.
Customers must not provide any content that is unlawful or otherwise violates these Terms. Such content includes but is not limited to:
- Content unrelated to the subject matter of the Service.
- Duplicate content already posted.
- Technical issues that should be reported electronically.
- Links to other websites or files.
- Content used for unauthorized advertising, promotional, or marketing activities.
- Content that incites violence, promotes totalitarian regimes, or includes offensive language.
The Store reserves the right to moderate and remove such content without notifying the poster. Posting unlawful content may result in actions such as account deletion or restriction of purchase capabilities.
If a Customer believes certain content on the Service is illegal or inconsistent with these Terms, they may submit a report to the Service. This report must be submitted electronically and include specific details about the content, the rationale for its removal, and the identity of the reporting party. Anonymous reports will not be processed.
Reports will be reviewed within 14 days of receipt. The reporting party will receive confirmation upon receipt of the report. The Service will notify the Customer of the decision either electronically or in writing.
The Service’s decision may involve either removing the content or allowing it to remain. Parties may appeal the decision within 14 days of receiving the reasoning for its removal, and the appeal decision is final.
The information available in the Store's assortment constitutes an invitation to enter into a contract as per Article 71 of the Civil Code.
By placing an Order, the Customer is making an offer to purchase the selected products from the Store. The ordering process includes confirming the Product details, availability, price, payment methods, and delivery options. Order confirmation by the Store signifies acceptance of this offer.
The prices at the time of the order are valid. This does not apply to errors, incorrectly recorded products, and product images. All prices include the applicable Polish statutory value-added tax. The customer must also pay the shipping costs of the ordered goods in accordance with our shipping conditions valid at the time of the order. These can be found on the shipping costs page.
If any ordered products are unavailable, the Store will notify the Customer within 14 days. The Customer can then decide whether to accept an extended delivery time or withdraw from the contract.
- 5 PRODUCT PRICES AND PAYMENT METHODS
Prices indicated next to each Product are binding when the Customer places an Order. These prices include VAT but do not cover delivery costs. The Seller offers various payment methods, such as bank transfers, PayPal, Klarna, and electronic payments via multiple providers.
If payment is not received within 7 days of placing the Order, the Order will be canceled.
Order execution begins on the date specified in the Order confirmation, as previously accepted by the Customer, but not later than 30 days from the contract date.
In certain cases, the Store may cover delivery costs, depending on the Order's total value, and will inform the Customer of this before the Order is placed.
The customer has the right to request a refund for the price difference within 7 days of placing the order if the product's price is reduced on the website due to a promotion or sale. The refund will be processed using the same payment method originally used for the purchase.
The Store is committed to delivering products without defects and providing services in line with the established contract. Should the delivered Goods be defective, the Customer has the option to exercise warranty rights. Complaints must be submitted electronically or in writing within 48 hours of discovering the defect.
The Store will respond to complaints within 7 days. If repair or replacement is not feasible, the Customer can request a price reduction or contract withdrawal.
For products such as our Shappy Play Sofa, which consist of covers and foam that expand upon unpacking, it is not possible to send back the entire product once it has been unpacked and expanded. Instead, the Store offers warranty services that include the repair or replacement of defective parts, such as foam or covers. The Store will determine the appropriate course of action based on the nature of the defect and the Customer's preference, within the warranty period.
Warranty-related transportation of defective parts will be at the Store's expense through the specified shipping method. The Store does not accept cash-on-delivery returns. In some cases, sending the defective part back might not be necessary, and the Seller may instead inspect photos provided by the Customer.
Important: If the Shappy Play Sofa or any other product that is compressed and rolled (excluding the Shappy Play Set and the Shappy Leather collection, which are not packaged this way) remains in its packaging for more than 6 weeks from the delivery date, the warranty for foam expansion issues may be voided.
For more detailed information on what is covered and how to make a claim, please refer to our full warranty policy.
Customers who are Consumers or possess consumer rights have the right to withdraw from the contract within 30 days of receiving the product. To initiate the withdrawal, the Customer should contact Shappy in writing at the Store's address or via email at contact@heyshappy.com and arrange for the return of the Goods. The Customer must notify Shappy within the 30-day period to be eligible for withdrawal. Upon receiving the withdrawal notification electronically, Shappy will promptly confirm its receipt.
However, please note that for products such as our play sofas, which expand upon unpacking, returns of the full product in its original packaging are not possible once the product has been unpacked and expanded. If the product has been unpacked, the Customer must ensure that the product is properly packaged for return to avoid any damage during transit. The Goods must be returned in their original condition, complete, and without signs of use unless necessary for ordinary handling. The Customer is liable for any decrease in the item's value resulting from use beyond what is necessary to determine the item's nature, characteristics, and functioning. If the returned goods are incomplete or show signs of excessive use, the Store may refuse the return or reduce the refund amount accordingly.
The cost of returning the Goods is the responsibility of the Customer. The Customer is required to cover the shipping expenses for sending the Goods back to the Store.
Returned Goods should be sent back immediately and no later than 14 days from the day on which the Customer notifies the Store of the withdrawal from the contract. This deadline is met if the Customer sends the goods before the expiry of the 14-day period. The Customer will be responsible for the cost of returning the goods.
Refunds will be made to the bank account from which the payment was originally made unless the Customer specifies a different return method that does not incur additional costs. The Store reserves the right to withhold the refund until the goods are received back or the Customer provides proof of return, whichever occurs first.
- 8 PERSONAL DATA PROTECTION
The Seller’s practices concerning the protection of Customers' personal data are detailed in the Privacy and Cookies Policy available on the Store's website.
All content on the Store, including text, images, and designs, is protected under copyright law as per the Act of February 4, 1994, on Copyright and Related Rights. Any unauthorized copying, distribution, or adaptation of this content without the Store's written consent is prohibited.
For each Product sold by the Store, a VAT invoice or other settlement document in accordance with applicable tax regulations is issued. The VAT invoice is delivered electronically to the email address provided by the Customer or in traditional form together with the delivery of the goods. Acceptance of the Terms and Conditions shall at the same time constitute consent to receive invoices in electronic form.
The applicable law for these Terms and Conditions is Polish law. Any disputes arising between the Customer and the Seller shall be resolved by the court with jurisdiction over the Seller's registered office in Puławy, Poland, except in cases involving Consumers, where disputes will be settled according to civil procedure rules. These Terms and Conditions do not limit the consumer's rights to protection under the mandatory provisions of law in their country of residence.
The Seller reserves the right to change these Terms and Conditions by posting updates on the Website. Customers are encouraged to review the Terms and Conditions periodically. Orders placed before any amendments will be processed under the terms in effect at the time of placing the order.
