Terms and Regulations

§ 1

Website

1. The purpose of the Website is to provide complete and transparent information on the products on sale in order to introduce Customers as closely as possible to all aspects of the product and the purchase itself.
2. The website makes it possible to make a purchase using a shopping cart in accordance with the procedure and terms and conditions described herein.
3. These Terms and Conditions regulate all the relevant aspects of the order.

§ 2

General information

1. Dealer and owner of the website is Rest Lords Limited liability company with headquarters in Olsztyn (10-274) at Tarasa Szewczenki 7 Street, local 11, KRS 0000780982, NIP PL 7393926470.
2. The terms used herein have the following meanings:
   1. Customer – physical person, legal person or business unit, which is not legal person, whose rules especially grant juridical ability to shopping in Store.
   2. Consumer – natural person making a purchase not related to his business or occupational activity according to art. 221 of Civil Code.
   3. Entrepreneur with the rights of a consumer – a natural person referred to in art. 3855 of the Civil Code, 5564 of the Civil Code, 5565 of the Civil Code and 5,765 of the Civil Code and in art. 38a of the Act of May 30, 2014 on consumer rights, running a sole proprietorship that makes purchases in the Store not professionally related to this activity.
   4. Web page – internet service in the domain: http://restlords.com/
   5. Expert – Dealer’s employee authorized to Customer contact and service.
   6. The Deliverer – the Seller’s employee performing the delivery of goods described in §5 point 3 subpoint a).
   7. Terms and Regulations – terms and conditions pertaining to the website located at https://restlords.com/en/terms-and-regulations/.

§ 3

Object of sale

1. The objects of sale are massage chairs, massage devices and other accessories listed on the website.
2. All products are brand new and covered by the warranty.
3. The availability of the products on offer and the purchase possibility is each time confirmed by the Seller following the placement of an order.
4. The prices listed on the website are gross prices expressed in EURO, including VAT.

§ 4

Placing an order

1. Orders can be placed 24 hours a day, 7 days a week.
2. The order may relate to the direct purchase of goods or prior presentation of the massage chair.
3. Placing an order is possible only after prior acceptance of the provisions of these Terms and Conditions, and in the case of a special offer also the provisions of the Special Offer Terms & Conditions.
4. The purchase of a product or demonstration service can be made by adding the product to the shopping cart available on the website or by telephone during a conversation with our Expert.
   1. Once the order has been placed, a message will automatically be sent to the Customer’s e-mail address with the following heading:
      – [Massage chair order | Rest Lords] – if the order has been paid online, cash on delivery or is free of charge,
      – [Waiting for order payment | Rest Lords] – if the order has not been paid online or bank transfer has been selected as the payment method.
   2. The purchase agreement for the massage chair is deemed to be concluded as soon as:
      – the Customer selects the “Buy and Pay” button in the shopping cart when placing an independent order
      – the e-mail message referred to in point a. of this paragraph is received.
5. The purchase of goods can be made over the phone after a conversation with an Expert.
   1. Placing an order for a massage chair requires the submission of personal data necessary to complete the order.
   2. After placing the order, a message entitled [Massage chair | Product name] containing the details of the order and the request to confirm the order placed over the phone is automatically sent to the e-mail address provided by the Customer. The order is confirmed with a click on the “CONFIRM ORDER” link.
   3. After confirming the order, a message is automatically sent to the Customer’s e-mail address with the title Thank you for confirming the order – [Massage chair | Product name].
   4. The massage chair purchase agreement is deemed to have been concluded from the moment the Customer electronically confirms the order placed over the phone as referred to in section 5(b) above.
6. The Seller demonstrates only the massage chairs from the offer available at https://restlords.com/en/massage-armchairs-shop/. The Seller does not present the massaging devices or accessories offered on the website in the tab Accessories for massage chairs.

§ 5

Realization of order

1. Available payment methods:
   1. Traditional bank transfer – payment is made to the Seller’s bank account.
   1. BitCoins – payment is made via the Zonda payment operator, where the Client makes a payment with one of the cryptocurrencies.
   2. Credit Card – payment is made through the online payment operator T-pay, where the customer pays by any credit card – Visa, Mastercard, American Express, JCB, UnionPay.
   3. Apple Pay – payment is made through the PayU operator, where the Customer makes online payments using Apple Pay. Payment available only on Apple branded equipment with a payment card connected.
   4. Google Pay – payment is made through the operator T-pay online payments, where the Customer makes payments using Google Pay.
2. It is possible to combine payment methods. For this purpose, contact our Expert.
3. Available delivery methods:
   1. Delivery by courier abroad – is realized by courier company, delivering on Dealer’s commission.
      • Covers delivery on the premises on one of 15 European Union countries, without carrying in, assembly and instruction manual (list of available countries)
      • Realized within 2 to 6 days since order confirmation, that is paying with transfer on Dealer’s bank account.
      • Customer has to check condition of package and in case of her violation, submit proper damage report, which template has employee of courier company.
4. The terms of the delivery may change due to random events (such as an epidemic or a natural disaster). Up-to-date information on changes to the terms of delivery can be found at: https://restlords.com/en/delivery/
5. On all products and services there is issued a purchase document.
   1. Selling in behalf of Customer is documented via issuing name receipt.
      • In case of online payment, by transfer to a bank account, a receipt is issued no later than on the day the amount is credited to the Seller’s bank account.
      • At the Customer’s request, a VAT invoice may be issued for a receipt only if the receipt confirming the sale contains a VAT ID [NIP] number.
   2. Selling in behalf of businesses is documented via issuing VAT invoice, according to details given in order form.
      • When placing an order, the Buyer declares whether buying a massage chair as an enterpreneur with consumer rights, i.e. a natural person running a sole proprietorship who makes purchases in the Store not professionally related to this activity, referred to in art. 3855 CC, 5564 CC, 5565 CC and 5765 of the Civil Code and in art. 38a of the Act of May 30, 2014 on consumer rights.
6. The Customer authorizes the Seller to issue a VAT invoice and a receipt without signatures.
7. The Customer agrees to receive a VAT invoice or a receipt electronically, within the meaning of Article 106n of the VAT Act of 11 March 2004, sent to the e-mail address indicated in the order.
8. Delivery of customized Keyton brand chairs is carried out within 6 to 8 weeks, counting from the date of order confirmation, i.e. making money transfer to the Seller’s bank account. The Seller is not liable for any prolongation of the delivery time that is due to the fault of the manufacturer.

§ 6

Guarantee, warranty and complaints regarding products

1. The Seller grants the warranty on offered product by applying to:
   1. act issued on 30th May 2014 about consumer’s rights (Dz.U.2019.134 ze zm.), in case of consumer sale.
   2. Civil Code, in case of sale in behalf of entities conducting business activity.
2. In case of consumer sale guarantee for individuals on smooth functioning of device is granted for 24 months since issuing guarantee certificate.
3. In the case of sales for the benefit of non-consumer entities, a guarantee is granted for efficient operation of the Business type equipment. The warranty shall be granted for a period of 12 months from the date of issue of the warranty card.
4. The Warranty Card is issued on the day the goods are handed over to the Customer. Warranty terms and conditions and a model warranty card can be found at the address: https://restlords.com/en/warranty-and-service/.
5. The guarantee for companies and the guarantee for individuals covers the use of a massage chair up to a maximum of 8 hours a day.
6. The warranty covers free transport to and from the service point, or free service visit at the customer’s premises and repair at the location of the massage chair.
7. Warranty is important with signed guarantee certificate and proof of purchase.
8. The complaint should be submitted immediately, not later than within 30 days from the date the defect was discovered. Applications should be made via the service application form available on the website. The complaint will be considered by the Seller within 7 days from the date of its notification.
9. The Seller shall carry out the repair within 21 days, counted from the date of positive decision concerning the warranty claim in accordance with paragraph 10 of this clause..
10. Warranty doesn’t cover:
    1. Defects caused with mechanical damage of device made by Customer.
    2. Damages caused with external factors independent from Dealer.
    3. Defects and damages resulting in:
       • Inappropriate or incompatible to instruction manual usage, storage or maintenance.
       • Arbitrary repairs, modifications or constructional changes made by Customer or other unauthorized persons.
       • Lowering the quality of product caused by natural exhaustion process, for example: abrasion of external layer of product, scrapings, etc.
11. Excluding consumers and entrepreneurs with consumer rights, in case of unjustified request of the service, among others activities excluded from the warranty, specified in item 12 above, the Customer is obliged to cover the lump sum costs of unjustified arrival of the warranty service in the amount of 500 zł (five hundred złotych). In case of courier delivery – reclamations related to mechanical damages or lacks in delivered product will be considered only in case of preparing a damage protocol in the presence of deliverer at the moment of picking up the package. Deliverer should have proper print. Otherwise this print, describing condition of product, his protection and package, should be prepared manually. This declaration should have date and signatures of Customer and Deliverer written on it. Simultaneously Customer is obliged to immediate reporting of this incident via sending reclamation entry, not later than within 3 working days since delivering package, to explain a situation.
12. Accepting parcel post via Customer without reservation causes expiration of decline or mechanical damage claims. If Customer will not prepare together with deliverer statement of damage for this circumstance at the moment of receiving the package, reclamation associated with mechanical damages will be closed.
13. The consumer may use the Online Dispute Resolution (ODR) platform, which is available at the following address, to resolve out-of-court disputes with traders concerning the purchase of goods and services over the internet: http://ec.europa.eu/consumers/odr.
14. With regard to Customers who are not consumers and entrepreneurs with consumer rights, the Seller’s warranty for physical defects of the sold item is excluded.

§ 7

Guarantee, warranty and product claims

1. According to act issued on 30th May 2014 about Consumer’s rights (Dz.U.2020.287 ze zm.) and the Civil Code, The consumer and entrepreneurs with consumer rights has the right to withdraw from the distance contract and return the purchased goods within 14 days from the date of purchase.
2. Consumer and entrepreneurs with consumer rights can resign from purchase by sending electronically or traditional mail proper declaration. Dealer will immediately send to Consumer and entrepreneurs with consumer rights confirmation of receiving resigning declaration.
3. If the Consumer withdraws from a distance contract, Consumer pays for transporting product to Dealer.
4. In case of purchasing product on conditions described in § 5, point 3 subpoint a., Consumer also pays for costs of transport to Customer’s place.
5. Orders of Keyton massage armchairs brand are fully personalized, therefore according to art.38 act 3 of law issued on May 30th, 2014 about consumer’s laws in case of purchasing product of this brand, has no right to withdraw from the distance contract nor the possibility to return the goods.
6. Consumer and entrepreneurs with consumer rights, according to art. 34 point 4 consumer’s law act, bears responsibility for lowering value of product, which is a result of using it in a way that goes beyond level, which is necessary to determine character, features and functioning of a product.
   1. returned product mustn’t have any traces of use, smutting and damages.
   2. returned product should be returned in original package.
7. Dealer will return payments to Consumer within 14 days since the date of product return, on bank account quoted in sent statement of withdrawal from the contract.
8. In case of situation described in point 4 and point 5 of this paragraph Dealer will lower sum of money returned, according to point 6 by proper costs resulting from mentioned paragraphs.

§ 8

Processing of personal data

1. The controller of personal data is Rest Lords Sp. z o.o. with its registered office in Olsztyn, ul. Tarasa Szewczenki 7, unit 11, 10-274 Olsztyn, phone (89) 888 12 22, e-mail: info@restlords.com, REGON 383085620, NIP 7393926470, KRS 0000780982.
2. Personal data shall be processed only for the purpose for which it is collected, i.e. sending an advertisement, presenting a commercial offer, preparing, concluding and executing a contract, proper functioning of the website and social media accounts.
3. Personal data shall not be made available to entities other than those authorised by law. Recipients of the data include, among others, entities providing IT services, maintenance of e-mail servers and the website, entities providing legal or audit services, as well as courier companies delivering our supplies. Appropriate data processing entrustment agreements have been concluded with all processors.
4. The data submitter shall have the right to demand from the controller access to his/her personal data, to edit, delete or restrict the processing thereof, or to object to the processing, as well as the right to transfer such data. Requests to exercise the aforementioned rights are available to the data subjects at the controller’s premises.
5. The data subject shall have the right to lodge a complaint to the supervisory authority in accordance with the procedure and principles described on the website of the Office for Personal Data Protection at:: https://uodo.gov.pl/en/83/155.
6. Provision of data is voluntary and may result from a provision of law, a concluded contract, and in some cases, processing is carried out under an expressed consent, which may be revoked at any time without affecting the legality of processing carried out on the basis of consent given before its revocation.
7. Personal data shall be processed until the purpose for which they have been collected is achieved. Detailed information on the data processing period will be provided to the data subject as soon as it is received by an authorised employee of the company. Such information can also be obtained from the Data Protection Officer.
8. The list of entities cooperating with the controller and entrusted with the processing of personal data is available at the controller’s headquarters.
9. In relation to personal data, decisions will not be taken by automated means; this includes profiling.

§ 9

Intellectual property rights

1. All intellectual property rights, especially copyrights and trademarks appertaining in relation to all texts, illustrations, films, software and other materials included on this website are property of Dealer or are covered with a permission to use them granted by owner.
2. Website Client can print parts of pages or download them on hard drive and forward them to other people provided that he is doing it only in informative purposes or other purposes acceptable by law.
3. Without earlier Dealer’s written agreement, Customer mustn’t:
   1. use (copies / parts) of this web page or indications included in its content for commercial use.
   2. modifying (parts) of this website and including her to content of other compilations, like paper documents, blogs or web pages of third parties.

§ 10

Conditions of providing electronical services

1. Using the website is possible when those requirements are met::
   1. browser Mozilla Firefox, version 103.0.1 or higher with turned on Java applets, JavaScript and cookies support, or
   2. browser Brave, version 1.40.107 or higher with turned on Java applets, JavaScript and cookies support, or
   3. browser Opera, version 89.0.4447.71 or higher with turned on Java applets, JavaScript and cookies support, or
   4. browser Safari, version 15.0 or higher with turned on Java applets, JavaScript and cookies support, or
   5. browser Google Chrome, version 100.0.4896.60 or higher with turned on Java applets, JavaScript and cookies support.
2. Customer using the website is obliged especially to:
   1. not delivering and not forwarding content forbidden by law,
   2. using the web page in a way that doesn’t violate its functioning, especially via using proper software or devices,
   3. taking actions, like: sending or placing on the web page non ordered commercial information (spam),
   4. using the website in a way, which is uncomfortable to other Customers and the Dealer,
   5. using the web page legally and according to regulation of rulebook;
3. Dealer takes actions to provide proper functioning of website. Customer should inform Dealer about every irregularity and breaks in functioning of web page.

§ 11

Final decisions

1. Content of web page www.restlords.com doesn’t pose commercial offer according to art. 543 of Civil Code.
2. Information about product presented on a web page are compatible with producers’ catalogue data. Dealer doesn’t bear responsibility for possible mistakes in products’ descriptions.
3. Dealer reserves rights to implementing and withdrawing offers, promotional offers and to changing prices of products in store without damage to rights acquired by Customer, especially conditions of Sale Contract effected before making the changes.
4. This Regulation doesn’t exclude and limit any of privileges of a Customer (who is also a consumer) which are given to him by virtue of mandatory legal provisions. In case of conflict between statements of this Regulations and absolutely effective rules of law granting to consumers privileges, those rules have priority.
5. Dealer for important reasons reserves rights to change this Regulations. To important reasons justifying change of Regulations qualifies mainly change of common law rules, organizational changes on the side of Dealer, extending services provided by Dealer, lack of further possibility of providing services by Dealer on current conditions.
6. If there are any unregulated businesses above, applied are proper rules of Civil Code, act issued on 30th May 2014, about consumer’s rights. (Dz.U.2019.134 ze zm.).
7. Questions and comments should be reported directly via:
   • contact form
   • info@restlords.com
   • telephone +48 729 086 390
   • correspondence address:
     Rest Lords Sp. z o.o.
     st. Tarasa Szewczenki 7 loc.11
     10- 274 Olsztyn, Poland