Regulations

1. The Happy Guitar Music Store online store, available at the happyguitar.eu and happyguitar.pl internet addresses, is run by a business under the name Happy Guitar Sp. z o.o., entered into the National Court Register witn number 0001081326, NIP 7393994460, REGON 527451743.

2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and sets out the rules for using the Online Store and the rules and procedure for concluding Sales Agreements with a Customer at a distance through the Store.

§ 2

Definitions

1. Consumer – a person concluding a contract with the Seller as part of a Store, the subject of which is not directly related to its business or professional activity.

2. Seller – a person running a business under the company Happy Guitar Sp. z o.o., entered into the National Court Register witn number 0001081326, NIP 7393994460, REGON 527451743.
2. Customer – any entity making purchases through the Store.
3. Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, to whom a separate law confers legal capacity, carrying out on their own behalf a business activity that uses the Store.
4. Store – an online store run by the Seller at the internet address happyguitar.eu and happyguitar.pl
5. Distance contract – a contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
6. Regulations – these Regulations of the Store.
7. Order – the Customer’s declaration of intent submitted via the Order Form or check-out at www.hapyguitar.eu and directly aiming at the conclusion of the Product Sales Agreement or Products with the Seller.
8. Product – a movable item / service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
9. Sales Agreement – a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – applying to the features of the Product – a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Store

1. Seller’s address: 10-547 Olsztyn, ul. Kajki 10-12
2. Seller’s e-mail address: info@happyguitar.eu
3. The Seller’s telephone number: +48 884822376
4. The Seller’s bank accounts numbers at Bank Polska Kasa Opieki S.A:

PLN: PL08 1240 5598 1111 0011 3399 5793
EUR: PL52 1240 5598 1978 0011 3399 6077
USD: PL73 1240 5598 1787 0011 3399 6325

BIC SWIFT: PKOPPLPW

5. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
6. The Customer may communicate by phone with the Seller between 09:00 and 17:00 Central European Time.

§ 4

Technical requirements

To use the Store, including viewing the Store’s assortment and placing orders for Products, you need:
a. end device with access to the Internet and a web browser such as Chrome, Firefox, Opera.
b. an active electronic mail account (e-mail),
c. cookies enabled,
d. FlashPlayer installed.

§ 5

General information

1. The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning 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.
2. Viewing the Store’s assortment does not require creating an Account. Placing orders by the Customer for Products in the Store’s assortment is possible by providing the necessary personal data and address data enabling the Order to be carried out without creating an Account.

3. The prices given in the Store are given in US Dollars (USD) and are net prices. VAT tax (if applicable) is calculated at the checkout for European Union countries. 

§ 6

Order placement rules

In order to place an Order:
1. On www.happyguitar.eu put an item to the basket, continue to checkout, fill the “Billing and Shipping” form at the checkout, mark “I have read and agree to the website terms and conditions ”  checkbox and click “place order” button. 

§ 8

Offered delivery and payment methods

1. The Customer may use the following methods of delivery or receipt of the ordered Product:
a. Courier, cash before delivery,
b. Personal pickup is not available.
2. The Customer may use the following payment methods:
a. Payment by bank transfer to the Seller’s account.
b. Payment by a credit card via third patry operators like PayPal, eService, Stripe.com.
3. Detailed information on delivery methods and acceptable payment methods can be found on the Store’s website.

4. Orders will be shipped no later than in 3 working days from the day of sucessfull payment (unless requested otherwise by the buyer). Total delivery time varies due to phisical distance and custom formalities present in the country of destination (approximately: Europe – 5 working days, USA and Canada – 6 working days, Australia – 14 working days, Japan – 10 working days). 

5. The prices visible at the Store do not cover any import custom duties which may apply for customers from outside of European Union. Due to vast variety of custom regulations occuring Worldwide we are unable to check nor calculate custom charges or local taxes which may apply to our customers outside of European Union. The Customer is obliged to check all possible fees and taxes at local authorities prior to making the purchase.

6. Delivery outside of European Union  will be perfomed and regulated by ECOTERMS 2020 CPT rule with destination set by the Buyer at order form.

7. Delivery to European Union countries are regulated by EU consumer laws.

§ 9

Performance of the sales contract

1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order by placing a product into a basket and goign through the checkout process on the Store as describe in § 6 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt and simultaneously proceeds to check the availability of the goods. Confirmation of the availability of the goods is made by sending an e-mail information to the customer to the address given at Order. 
3. If selected by the Customer is a payment by bank transfer, the Customer is obliged to make the payment within 7 calendar days from the date of the Sale Agreement – otherwise the order will be canceled.

4. The Product will be sent by the Seller within the time specified in its description (subject to paragraph 5 of this paragraph), in the manner chosen by the Customer when placing the Order.
5. A When ordering Products with different delivery times, the delivery date is the longest given date.
B When ordering Products with different delivery times, the Customer may request the delivery of Products in parts or provide all Products after completing the entire order.
6. The beginning of the delivery period of the Product to the Customer counts as follows:
a. If the Customer chooses the method of payment by bank transfer – from the date of crediting the Seller’s bank account.
b. If the Customer chooses the method of payment on delivery – from the date of the Sale Agreement,

9. Product delivery takes place in the European Union and in other places around the world after prior confirmation of the possibility of delivery of goods by the Seller.
10. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.

§ 10

The right to withdraw from the contract

1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The time limit specified in para. 1 begins with the delivery of the Product to the Consumer or a person designated by him other than the carrier.
3. In the case of a Contract that covers many Products that are delivered separately, in batches or in parts, the deadline indicated in paragraph 1 runs from the delivery of the last item, batch or part.
4. In the case of a Contract which involves the regular delivery of Products for a limited period (subscription), the deadline indicated in paragraph 1 runs from taking possession of the first item.
5. The Consumer may withdraw from the Agreement by submitting to the Seller a statement of withdrawal from the Agreement. To meet the deadline for withdrawing from the Contract, it is sufficient for the Consumer to send a statement before this deadline.
6. The statement may be sent by traditional mail or by electronic means by sending the statement to the Seller’s e-mail address – the Seller’s contact details are specified in § 3. The statement may also be submitted on the form, which is attached as Annex 1 to these Regulations, and Annex to the Act of 30 May 2014 on consumer rights, but it is not mandatory.
7. If the Consumer sends a statement electronically, the Seller will immediately send the Consumer the confirmation of receipt of the statement of withdrawal from the Agreement to the e-mail address provided by the Consumer.
8. Consequences of withdrawal from the Agreement:
a. In the event of withdrawal from a Distance Contract, the Contract is considered null and void.
b. In the event of withdrawal from the Contract, the Seller shall immediately return to the Consumer, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract, all payments made by him, except for the costs of delivery of the subject of sale.
c. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
d. The Seller may withhold reimbursement until receipt of the Product back.
e. The Consumer should return the Product to the Seller’s address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about withdrawal from the Agreement. The deadline will be met if the Consumer sends the Product back within 14 days.
f. The consumer bears 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 ordinary mail.
g. The consumer is only responsible for a decrease in the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. In the event that due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as the cost of returning the Product, will be in the description of the Product in the Store.
10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy his individual needs,
b. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
c. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
d. for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after fulfilling the service by the Seller he will lose the right to withdraw from the Agreement,
e. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Contract,
f. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,
g. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
h. for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the Contract,
§ 11

Complaint and warranty

1. The Sales Agreement covers new and used Products. The Store pages describe in detail the status of each used Product onto the Producst’s page.
2. The seller is obliged to provide the customer with a product free from defects.
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 provisions regarding warranty in the Civil Code. If the Customer is an Entrepreneur, the parties exclude liability under the warranty.
1. Complaints should be submitted in writing or by e-mail to the addresses of the Seller provided in these Regulations.
2. It is recommended that the complaint include, inter alia, brief description of the defect, circumstances (including date) of its occurrence, data of the Customer submitting the complaint, and the Customer’s request in relation to the defect of the goods.
3. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Client’s request was considered justified.
4. Goods returned under the complaint procedure should be sent to the address given in § 3 of these Regulations.
8. In the event that a product has been granted a warranty, information about it, as well as its content, will be included in the description of the Product in the Store. The Seller will also attach a warranty card to the Product sold.
§ 12
1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the registered offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/spprawy_ind Individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following examples of possibilities of using extrajudicial means of dealing with complaints and redress:
a. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .
§ 13

Personal data in the Online Store

1. The administrator of personal data of Customers collected through the Online Store is the Seller.
2. Customers’ personal data collected by the administrator via the Online Store are collected in order to implement the Sales Agreement, and if the Customer agrees – also for marketing purposes.
3. The recipients of personal data of the Online Store customers may be:
a. In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer’s collected personal data to the selected carrier or agent performing the shipment at the request of the Administrator.
b. In the case of a Customer who uses the Online Store with the method of electronic payments or a payment card, the Administrator provides the collected personal data of the Customer to the selected entity operating the above payments in the Online Store.
4. The Customer has the right to access their data and correct them.
5. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this agreement.
§ 14

Final Provisions

1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act
4. The customer has the right to use extrajudicial means of dealing with complaints and redress. To this end, it may submit a complaint via the EU ODR online platform available at: http:// ec.europa.eu/ consumers/odr/