Terms and Regulations

§ 1

Website

1. Purpose of this website is to share full and transparent information about products that Rest Lords sell, to familiarize Customers as much as possible to all aspects of product and purchase.
2. The website allows for making a purchase using the order form and according to the procedure and terms and conditions described herein.
3. These Terms and Conditions regulate all essential elements related to 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: https://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 Conditions – terms and conditions pertaining to the website located at https://restlords.com/en/terms-and-regulations/.

§ 3

Subject of sale

1. Subjects of sale are massage armchairs, massaging devices and other accessories, which are in offer on Rest Lords web page.
2. All products are brand new and covered by warranty.
3. Availability of offered products and and the opportunity to purchase them is confirmed every time after placing an order.
4. Prices on website are gross prices, include VAT and are expressed in Polish currency.

§ 4

Placing an order

1. An order can be placed 24/7.
2. An order can involve direct purchase of product or earlier massage armchair presentation.
3. Placing an order is possible only after earlier accepting those rules and in case of taking advantage of the promotional offers, there is also requirement to accept rules of the promotional offer.
4. Purchase can be done via sending filled in order form available on web page.
   1. After sending an order, on Customer’s e-mail address will be sent back second message entitled [Confirmation of receiving an order | name of armchair] confirming obtainment of an order.
   2. Parameters of sent order are verified by Expert, who if necessary contacts Client by phone determining specific conditions of purchase. Then, second message is sent to Customer’s e-mail address, entitled [Acceptance and realization of order | name of armchair], including final confirmation of every important elements of order.
   3. Purchase agreement of massage armchair is e-mail message mentioned in point 4, subpoint b) above.
5. Ordering massage armchair presentation can be done via sending filled in form available on website.
   1. After sending an order, on Customer’s e-mail address will be sent back second message entitled [Confirmation of receiving an massage armchair presentation order | name of armchair] confirming obtainment of an order.
   2. Parameters of sent presentation order are verified by Expert who if necessary contacts Client by phone determining specific conditions of realizing the presentation. Then, second message is sent to Customer’s e-mail address, entitled [Acceptance and realization of presentation order | name of armchair] including final confirmation of every important elements of order.
   3. Purchase agreement of massage armchair presentation is e-mail message mentioned in point 5, subpoint b) above.
6. The Seller demonstrates only the massage chairs from the offer available at https://restlords.com/en/massage-armchairs/. 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.
   2. Cash or payment card upon receipt – a Deliverer’s representative or a courier performing the delivery on behalf of the Seller shall collect payment by credit card or in cash.
   3. Online transfer – the payment is made via the online payment operator T-pay, where the Customer chooses relevant bank to make an online payment.
   4. Installments by Alior Bank – payment is spread on installments on conditions and date limits determined with an Expert, who, in this case, represents bank, which grants installment loan.
      • Current installment offer and information about procedure of granting installment loans are on web page in tab “Installments”.
      • Verification of Customer’s loan ability comes before delivery or presentation.
   5. Installments by BNP Paribas – the payment is divided into installments. After placing an order, the Customer receives a link to the form on the BNP Paribas Bank’s website in order to fill in the installment application form.
      • Current installment offer and information about procedure of granting installment loans are on web page in tab “Installments”.
      • Verification of Customer’s loan ability comes before delivery or presentation.
   6. Leasing in PKO Leasing – an option available for entrepreneurs. The payment is divided into leasing installments, on terms and conditions and within deadlines agreed with PKO Leasing. After placing an order and selecting the leasing parameters, the Client receives a calculation in the form of a pdf file together with a link to the form on the PKO Leasing website in order to fill in the leasing application form.
      • Current leasing offer and information about procedure of granting leasing are on web page in tab “Leasing”.
      • Verification of Customer’s leasing ability comes before delivery or presentation.
   7. PayPal – the payment is made through the PayPal system, where the Customer makes the payment using the funds accumulated on his/her account.
   8. BitCoins – payment is made via the BitBay payment operator, where the Client makes a payment with one of the cryptocurrencies.
   9. 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.
   10. Blik – the payment is made through the operator T-pay online payments, where the Customer makes payments using the Blik mobile payment system.
   11. 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.
   12. Google Pay – payment is made through the operator T-pay online payments, where the Customer makes payments using Google Pay.
2. There is a possibility to combine payment methods. For this purpose, please contact a Consultant.
3. Available delivery methods:
   1. “Carefree Delivery” – realized via Dealer’s transport.
      • Covers delivery to Customer on the area of Poland with carrying in, assembly and instruction manual.
      • Is realized on a date determined with a Customer.
      • The delivery is confirmed by an acceptance protocol signed by the Deliverer and the Customer,
      • Deliverers performing the delivery are authorized to accept payment.
      • When accepting a cash payment, an appropriate confirmation of cash receipt is filled in on the acceptance protocol.
   2. Delivery by courier – is realized by courier company, delivering on Dealer’s commission
      • Covers delivering to Client’s place, without carrying in, assembly and instruction manual.
      • It is executed within 72 hours following dispatch of the goods from the Seller’s warehouse to the courier.
      • The Seller releases the goods to the courier after agreeing on the method and date of payment.
        • in case of cash on delivery, the release from the warehouse is immediate,
        • in case of payment by traditional bank transfer, the release from the warehouse is made after the amount is credited to the Seller’s bank account.
        • in case of choosing online payment, by credit card, PayPal, BitCoin, release from the warehouse is made after receiving the relevant payment confirmation from the payment intermediary,
        • in case of payment by installment loan or leasing, the release from the warehouse is made after the Customer receives a positive credit decision from the Bank,
      • Customer has to check condition of package and in case of her violation, submit proper damage report, which template has employee of courier company.
      • Delivery by courier is confirmed by the Customer using the terminal of the courier company.
      • An employee of the courier company carrying out the delivery is authorized to collect payments in cash or by payment card.
   3. 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 3 to 8 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 cash on delivery under Carefree Delivery, a receipt is issued on the day of the purchase or, in the event of sales outside of Seller’s office hours, on the first working day following the day of delivery.
      • 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.

§ 6

Presentation

1. Customer interested in purchase of massage armchair can order earlier its presentation, without necessity of making a decision of purchase.
   1. Presentation is conducted in a place indicated by Customer. Client has to provide space for presentation and access to electrical energy.
   2. During presentation Deliverers put massage armchair out. After that Customer has chance to test the product by himself.
   3. Dealer puts out brand new massage armchairs to presentations. In case of positive decision about massage armchair purchase, after effecting payment, presented model stays at Customer’s place.
2. Dealer forecloses organizing public presentations organized by mediators.
3. Ordering presentations is done according to § 4 point 5. It is possible to order a demonstration of up to two massage chairs simultaneously.
4. Cost of presentation, regardless the place of conducting in Poland, is 300 zł gross (three hundred złotych 0/100) and is charged before presentation. In case of ordering presentation of two models, additional charge for the demonstration of a second massage chair is 150 zł gross (one hundred and fifty zloty 0/100)
5. Resignation from ordered massage armchair presentation after determining exact date can be made up to 2 working days before established date. Dealer obliges to return to Customer costs of presentation. Notifying Dealer about resignation from massage armchair presentation in less than 2 working days before established date, causes charging Customer with amount mentioned in § 6 point 4.
6. During presentation Customer can make a purchase of massage chair. If massage armchair chosen to presentation is not included in discount offer, then purchasing it during the demonstration reduces the price of the chosen massage chair. On the other hand, if the massage chair selected for the demonstration is included in the discount offer, its purchase during the demonstration does not reduce the price of the massage chair by the cost of the demonstration.
7. Purchase decision is bound to necessity of effecting remaining payment on the spot according to § 5, point 1, subpoint a) and b).
8. The terms of the presentation 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/presentation/

§ 7

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 standard warranty 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 standard warranty period may be extended for additional fee in the case of natural persons to 5 years, and in the case of the Business warranty to 3 years, whereby:
   1. The cost of extending the standard warranty for natural persons for all massage chairs is 750 zł for each additional year.
   2. The cost of extending the Business warranty by one year is 1500 zł, by two years – 3500 zł.
5. 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/.
6. In the case of extending the standard warranty period and the Business type guarantee, the customer receives an entry in the warranty card corresponding to the additional warranty period. The extension of the standard warranty and the Business type guarantee does not result in the necessity to order a technical service.
7. The standard warranty and the Business type guarantee covers the use of a massage chair up to a maximum of 8 hours a day.
8. 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.
9. Warranty is important with signed guarantee certificate and proof of purchase.
10. Reporting reclamation should be done immediately, not later than 30 days since revealing of defect.
    Reporting should be done via form, which is on web page.
11. Dealer will repair defects within 21 working days, counted since reporting a repair according to point 10 of this paragraph.
12. 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.
13. 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.
14. 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.
15. 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/
16. 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.

§ 8

Returns

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. Regardless of the consumer’s rights statutory right to withdraw from the contract referred to in item 1, the consumer may return the purchased goods within 16 days from the date of expiry of the statutory period for the consumer to withdraw from the contract, with the exception of products for which instalment contracts have been concluded.
3. Consumer and entrepreneurs with consumer rights can resign from purchase by sending electronically, fax or traditional mail proper declaration. Dealer will immediately send to Consumer and entrepreneurs with consumer rights confirmation of receiving resigning declaration.
4. If the Consumer withdraws from a distance contract, Consumer pays for transporting product to Dealer.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.

§ 9

Processing of personal data

Pursuant to Article 13(1) and (2) of GDPR we inform that:

1. The controller of personal data is Rest Lords Sp. z o.o. with its registered office in Olsztyn, Tarasa Szewczenki 7, lok. 11, 10-274 Olsztyn, Poland, telephone (89) 721 33 44, e-mail: [email protected]
2. Personal data will be processed only for the purpose for which it was collected, i.e. advertising, presenting commercial offers, preparing, concluding and performing a contract.
3. Personal data shall not be made available to entities other than those entitled under the law. The recipients of the data are, 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 carrying out our deliveries.
4. The data submitter has the right to request the controller to provide access to his personal data, to correct, delete or restrict the processing, or to object to the processing, as well as the right to transfer the data. Requests to exercise the above-mentioned rights shall be available to data subjects at the seat of the controller.
5. The data subject has the right to lodge a complaint with a supervisory authority.
6. Provision of data is voluntary or may result from a legal provision.
7. Personal data will be processed until the purpose for which it was collected is achieved. Detailed information about the period of data processing shall be provided to the data subject immediately after receipt by an authorized employee of the company. Such information may also be obtained from the Data Protection Officer. The list of entities cooperating with the controller, to whom the processing of personal data has been entrusted, is available in the controller’s seat.
8. The list of entities cooperating with the controller who have been entrusted with the processing of personal data is available in the controller’s seat.

§ 10

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.

§ 11

Conditions of providing electronical services

1. Using the website is possible when those requirements are met:
   1. browser Internet Explorer, version 11.0 or higher with turned on ActiveX, JavaScript and cookies support, or
   2. browser Mozilla Firefox, version 70.0.1 or higher with turned on Java applets, JavaScript and cookies support, or
   3. browser Google Chrome, version 78.0 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.

§ 12

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
   • [email protected]
   • telephone (89) 721 33 44
   • correspondence address:
     Rest Lords Sp. z o.o.
     st. Tarasa Szewczenki 7 lok.11
     10- 274 Olsztyn, Polska