Terms and Conditions - SmartBee Club

SMART BEE CLUB TERMS AND CONDITIONS

SmartBee Club Sp. z o.o. with its registered office at Poznań (60-175), Malwowa 79 Street, entered into register of entrepreneurs of the National Court Register under KRS no. 0000769836, tax identification number (NIP): 7792502777 and statistical number (REGON): 382479216, Email address: info@smartbee.club (hereinafter referred to as „we” or „the Company”) provides access to information through our website at http://www.smartbee.club/ ( “SmartBee Club Service”, “the Website”) and offers access to subscription services under which Users are given access to online platform including guidelines, animated films and knowledge developing interesting facts; BeeBox boxes with chemical, physics, technical and so on experiments, monthly delivered at the given address. The Company also sells Products listed on the Website. By using SmartBee Club Services or subscription services, or by ordering any Product listed on the Website, you indicate that you have read these Terms and Conditions and express your consent to be bound by them. In case of non- acceptance of the Terms and Conditions, using SmartBee Club Service is not possible.

The Terms and Conditions set out types and scope of services provided by the Website, rules for entering into contracts through the Website together with conditions of their performance, Customer and Company rights and obligations, contract withdrawal and complaint procedure.

Please read these terms and Conditions thoroughly. By using the Website, signing up for the SmartBee Club or by using our service, you confirm you have read the Terms and Conditions and accept Company’s procedures and standards included in it.

1. Definitions

a) The company – martBee Club spółka z ograniczoną odpowiedzialnością with its registered office at Poznań (60-175), Malwowa 79 Street, entered into register of entrepreneurs of the National Court Register under KRS no. 0000769836, tax identification number (NIP): 7792502777 and statistical number (REGON): 382479216. The Company is the Party to the contract having as it object the provision of SmartBee Club Service (“Subscription Service”) and the Sells Agreement and also the Controller of Personal Data processed for the purposes of executing the Contract.

b) Products – products offered by the Company in the SmartBee Club store, including Disposable Gift Sets.

c) BeeBox – a box with chemistry, physics and so on experiments containing an experiment kit enabling to carry out from 2 to 5 different experiments. BeeBox is a part of Subscription Services. The consignment contains augmented reality application (AR) cards, pins and badges. The application should be downloaded from Google Play Store or App Store.

d) Disposable Gift Sets – a product offered by the SmartBee Club being a disposable box with chemistry, physics and so on experiments containing an experiment kit enabling to carry out from 2 to 5 different experiments.

e) Settlement Date – the date on which the Subscription Services fee is charged.

f) Accounting Date – the date on which the monetary receivables are credited to Company’s bank account.

g) Customer – every entity using Services provided by the Company or purchasing Products via SmartBee Club Store, including Consumers.

h) SmartBee Club Store – online store run by the Company at: www.smartbee.club

i) Distance Contract – a contract concluded with a Customer under an organized distance sales scheme (via SmartBee Club Store), without the simultaneous physical presence of the Parties, using exclusively one or more means of distance communication up to and including the time at which the contract is concluded.

j) Terms and Conditions – these Terms and Conditions.

k) Product/ Products Order – a Customer’s declaration of will that leads to signing of a Product/Products Sales Agreement with the Company.

l) Subscription Service or SmartBee Club Services – subscription system concerning so called BeeBoxes that are monthly delivered at your front door. It is a combination of subscription service under which members gain access to online platform with guidelines, animated films and knowledge developing interesting facts and receive, once a month, a box with chemistry, physics and so on experiments containing an experiment kit enabling to carry out from 2 to 5 different experiments. The box is delivered along with dedicated augmented reality application (AR) cards, pins and badges. The application should be downloaded from Google Play Store or App Store.

m) Sales Agreement – Product Sales Agreement being concluded or concluded between the Customer and the Company via SmartBee Club Store.

n) User – natural person who registered and set up an account by filling in a registration form on the Website.

o) User account – personalized account created on the basis of a completed registration form.

p) SmartBee Club Service or the Website – the Website available at: http://www.smartbee.club/

q) External Entity – entities cooperating with the Company to perform the Subscription Services Contract concluded between the User and the Company. The entities process personal data only for the purposes relating to the performance of the Contract.

r) Working day – one day from Monday to Friday except from public holidays.

s) Act on consumer rights – Act on consumer rights dated 30 may 2014 (Poland’s Journal of Laws of 2014, item 827, as amended)

t) Civil Code – Civil Code Act dated 23 April 1964 (Poland’s Journal of Laws of 1964, No. 16, item 93, as amended).

2. Types of services

SmartBee Club Service

SmartBee Club Service (Subscription Service) is a subscription system concerning so called BeeBoxes that are monthly delivered at Customer’s front door. It is a combination of subscription service under which Members gain access to online platform with guidelines, animated films and knowledge developing interesting facts and once a month receive a box with chemistry, physics and so on experiments containing an experiment kit enabling to carry out from 2 to 5 different experiments. The box is delivered along with dedicated augmented reality application (AR) cards, pins and badges. The application should be downloaded from Google Play Store or App Store.

Products Sell Service

Products selling is based on the conclusion of a Sales Agreement between the Customer and the Company concerning Products offered at: http://www.smartbee.club/. To conclude a Sales Agreement, it is not imperative to sing in for Subscription Service and the Customer chooses the most convenient Method of payment.

3. SmartBee Club Service

3.1. Membership of SmartBee Club

User Account

In order to make use of the services you need to register first. To create a User Account one should fill in registration form on the Website. Account can be registered only by adult persons who expressed their consent to be bound by these Terms and Conditions. In case of non- acceptance of the Terms and Conditions, using SmartBee Club Service is not possible

Membership of SmartBee Club is automatically extended until cancelled by the User. In order to make use of SmartBee Club services, User must have access to the Internet and give us information concerning at least one Method of payment.

User statements

Upon registration User declares that information provided during the registration process is true to the best of his knowledge and belief. It is the User’s obligation to regularly update information on the account.

User is responsible for the confidentiality of the login details and takes full responsibility for every purchase made on user account. User is obliged to immediately notify the Company about any unauthorized use or suspected unauthorized access to User Account or that he became aware of any unauthorized use or breach of security. The Company is not responsible for any loss or damage suffered resulting from noncompliance with the above regulations.

Permission to contact

By providing email address and telephone number during registration process or while subscribing our mailing lists, the User agrees to be contacted via email and telephone in terms of the user account, changes in subscription and services or products offered by the Company.

3.2. Ordering SmartBee Club Services

Orders of SmartBee Club Services are accepted through the Website.

To place an order:

– enter the Website https://www.smartbee.club

– choose option „Buy now” which is the object of the contract then click „Add to cart”

– log in or create an account

– click “Place order”

– choose one of the payment methods and, depending on the chosen method, pay for your Oder in a specified time. After clicking „Buy and pay” and making a payment via Stripe, the User is redirected to the website confirming order placement where it is possible to continue shopping or complete the order.

At all stages of placing the order, until the payment is made, the order can be cancelled by refraining from going through further stages of placing the order and leaving the website on which it can be completed. In case the order placement procedure is not completed, it shall not be executed.

Immediately after the order is placed, the user receives, on the address given in login details, an email with order confirmation. The mail contains user’s individual order code enabling i. A. to check order status.

The company is entitled to contact the User via given email or telephone number, in order to clarify any doubts, confirm the order placement or settle other issues connected with order execution.

3.3. Payment Methods in SmartBee Club

A Payment method means valid, proper and acceptable payment method that can be changed at any time and which can cover the payment made with User Account. Subscription Services are based on recurring payments which allow cyclic debiting of User’s bank account via credit card with no need to make transaction within Company’s system.

User pays for the first month of using the Subscription Service directly after placing the order. Payments for upcoming months shall be made once a month on a fixed due date. The due date is the 12th day of each month. Unless user resigns from membership before the due date, he authorizes us to charge him, using the chosen payment method, with membership fee for next settlement period.

User is responsible for all uncollected payable amounts. If the payment cannot be made due to expiry of the validity, lack of adequate funds in the account or any other reason and if the miser does not resign from membership, we are entitled to suspend the SmartBee Club membership until the membership fee is charged with proper payment method. In case of particular payment methods, external service providers may charge users with some fees, for instance for foreign transactions or other fees related to a payment method. User should contact the external service provider responsible for a particular payment method in order to receive further detailed information. Payment methods can be updated in “User Account” section. We can also update Payment Methods basing on information provided by payment service providers. After the update, user authorizes the Company to further membership fee charging in the proper amount and with a chosen payment method.

Acceptable payment methods are as follow: payment card. User should have a card enabling online payments (one should make sure at the bank which issued a card whether that condition is met). The payment is made via Stripe. The transaction is made between the user and the operator of User’s card.

3.4. Prices of SmartBee Club Services

All products or services listed on the Site their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.

3.5. Delivery

Deliveries are executed in:
Austria, belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweeden, United Kingdom.
Available delivery types is courier services. Delivery service is provided by External Entity chosen by the Company. Cost of delivery depends on country of delivery. Shipping cost will appear while ordering. Cost of delivery is included in Subscription Service price. A BeeBox preparation takes from 2 to 5 working days from the date of membership fee settlement. Delivery time is from 7 to 14 working days from passing the BeeBox to an External Entity. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account.

3.6 Resignation from Membership of SmartBee Club

If the user wishes to resign from Subscription Service, it can be done via User Account on the Website. All subscriptions cancelled after the Settlement Date shall be transferred at regular basis. Company reserves the right to deliver and charge fully for every order, unless it was notified about the cancellation. User receives an email confirming the resignation from Subscription Service. Every payment for properly cancelled order shall be reimbursed.

Company reserves the right to terminate or limit the use of our service for any reason or without providing a reason. In case the User is in breach of any obligation arising from these Terms and Conditions, the Subscription Service is immediately terminated.

3.7 Returns and complaints regarding Subscription Service

Complaints regarding the Subscription Service must be made within 24 hours from the date of the occurrence of the event justifying the submission of such complaint. A complaint should include:

– Customer Identification (name and surname or the name of the Company, personal address or the Company address as well as the email address.

– Object of complaint, photographic documentation together with the indication of the period of time which the complaint relates to and circumstances justifying the submission of it.

If the submission deadline is exceeded, the complaint shall not be considered. User is immediately informed about the outcome of the complaint procedure. Reimbursement, in case of accepted complaints, shall be made within 14 working days. Every product should be returned within 14 days from the date of the BeeBox dispatch. All returned products must be unused and returned in accordance with these Regulations. Shipping costs shall be taken by the User. In case the Company confirms the submitted product’s defect, it shall either replaced the defective part of the product or reimburse the money to User’s payment card- provided that it has been already credited or shall not charge the card. The reimbursement shall include delivery costs.

3.8 Contract Withdrawal

The Company informs that pursuant to art. 38 point 5, 6 and 13 of Act on consumer rights dated 30 may 2014, The Customer who is a consumer has no right as described in art. 32 of the cited Act, to withdraw from the Subscription Service Contract.

4. Sale of Products

4.1. User Account

You can make an order on the website without setting up User Account or after prior registration upon filling up registration form. Only adults who expressed their consent to be bound by these Terms and Conditions have the right to register the account and buy products. In case of non-acceptance of the Terms and Conditions, using Subscription Service is not possible.

User statements

Permission to contact

4.2. Ordering Products

Orders are accepted via the Website http://www.smartbee.club/.

Products at SmartBee Club Store are described in detail. On the Website there is information about characteristics of the Product, its price, components and material of the Product, if necessary.

To place an order :

– enter the Website http://www.smartbee.club/

– choose the Product option, click „Buy now” then click „Add to cart”

– log in or create an account

– If you wish to place an Order with no registration- fill in the Order Form with Receiver’s data, delivery address, a type of consignment (delivery type), invoice data if it is different than the Receiver’s data, telephone number and email address.
click “Place order”

– choose one of the payment methods and, depending on the chosen method, pay for your order in a specified time. After clicking „Place order” and making a payment via Stripe, the User is redirected to the website confirming order placement where it is possible to continue shopping or complete the order.

At all stages of placing the order, until the payment is made, the order can be cancelled by refraining from going through further stages of placing the order and leaving the website where it can be completed. In case the order placement procedure is not completed, the Order shall not be executed.

Immediately after the order is placed, the user receives, on the email address given in login details, an email with order confirmation. The mail contains user’s individual order code enabling i. A. to check order status.

The company is entitled to contact the User via email or the telephone number, in order to clarify any doubts, confirm the order placement or settle other issues connected with order execution.

4.3. Payment Methods

Acceptable online payment methods are as follow: electronic payments or payment card payments via Stripe. A debit instruction should be made directly after placing the Order. In case of not receiving the payment either on Company or Money Remitter (Stripe) bank accounts, the Order is not considered properly placed therefore the Contract is not deemed concluded and the Order shall not be executed. In such case, a new Order should be placed.

Transfers: acceptable transfers are: so called instant transfers or Stripe electronic transfer.

User should have a card enabling online payments (one should make sure at the bank which issued a card whether that condition is met). The payment is made via Stripe. The transaction is made between the user and the operator of User’s card.

Transfer: the Company accepts so called instant transfers or Stripe electronic transfers. The characteristics of Stripe transfers is that after choosing this payment method, the Customer is safely redirected first to the Payment Processor Website and then to the Webiste of a chosen Bank in order to make a transfer. The transaction is made between the user and the payment operator.

4.4. Prices

All products or services listed on the Site their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. All the prices are given in Euro and are gross prices, including VAT. The prices stated on SmartBee Club Store at the time of Order are final, binding upon both Customer and Company. After placing the Order, the price shall not change, regardless of the changes in product prices or modifications in already launched promotional actions or sales. Company reserves the right to: change prices of Products available at SmartBee Club Store; put on sale new Products; launch and cancel promotional activities on the Website or change them pursuant to regulations of the Civil Code and any other applicable law.

4.5. Availability of products

All Products offered at the SmartBee Club Store are at stock. In extraordinary situations, for instance when there are many orders for the same Product made at the same time, it is possible for the Product to be out of stock. In such case the Customer is informed that the Order cannot be executed. If the Order cannot be executed due to Product being out of stock or any other reason, the Customer is informed, via email or telephone, about problems related to Order execution and possible solutions.

4.6. Delivery

Deliveries are executed in:
Austria, belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweeden, United Kingdom.
Available delivery is courier services. Delivery service is provided by External Entity chosen by the Company. Cost of delivery depends on country of delivery. Shipping cost will appear while ordering. Cost of delivery is not included in Product price. In case of ordering more Products, the Customer is charged with delivery costs only once. Delivery time is from 7 to 14 working days from the date of properly placed order.

In case of choosing one of the online payment method (Stripe or credit card), the Order is forwarded to be fulfilled after the date of crediting the payment on the company account. The time in which the Product shall be delivered to the Customer runs from that date.

4.7. Sale Agreement

The company informs that all the information given on the Website is not a binding offer to conclude an agreement according to the provisions of the Civil Code. The Agreement is concluded in polish language.

4.8. Withdrawal from the Sale Agreement relating to Consumers and its effects

The Customer who is a Consumer is entitled to withdraw from the Sale Agreement without stating the cause within 14 days. The time limit shall run from the day on which the Product was delivered either to the Customer or another indicted entity, other than the delivery company. In case the Agreement covers many Products that are delivered separately, in installments or in parts, the 14-days period shall run from the delivery of the last product, part or installment. The Customer who is a Consumer is entitled to withdraw from the Sale Agreement, may do so by submitting the Seller with a statement of withdrawal. The period for withdrawal shall be deemed to have been observed if a notice of withdrawal is sent before its expiry. In order to withdraw from the Agreement the Consumer is obliged to submit an unequivocal statement of withdrawal in one of following ways:

– by regular post to the address: SmartBee Club, Malwowa 79, 60-175 Poznań;

– via e-mail at: info@smartbee.club;

– by printing, filling up and sending withdrawal form available here, whereas it is not an obligatory way.

In case of withdrawal from the Remote Sale agreement (Distance Contract), the Agreement is considered invalid. In case of withdrawal, the Company immediately, no later than within 14 days from submitting the withdrawal statement, reimburse all the payments made by the Customer, including delivery costs, except from extra costs related to chosen delivery type, different than the least expensive, regular one offered by the Company. We will carry out such reimbursement using the same method of payment as the Customer used for the initial transaction, unless the Customer have expressly agreed otherwise; in such event, the Customer will not incur any fees as a result of such reimbursement. The Company may withhold the reimbursement until it has received the Products back, or the Consumer has supplied evidence of having sent back the Product, whichever is earlier. The Consumer should send back the Product to the address of the Company provided in these Terms and Conditions, no later than within 14 days after submitting the withdrawal statement. The deadline shall be met if the Product is sent back before the expiry of 14-days term. The Customer bears the direct costs of returning the Product, also the costs of returning the Product in case when because of its characteristics, it could not have been sent back in a regular way by post or courier delivery. The Customer shall only be liable for any diminished value of the Product resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the Product.

If because of its characteristics, the Product cannot be sent back in a regular way by post or courier delivery, such information, together with costs of returning the Product, is included in Product description at SmartBee Club Store. The Company informs, that in such cases pursuant to art. 38 point 5, 6 and 13 of Act on consumer rights dated 30 may 2014, The Customer who is a consumer has no right as described in art. 32 of the cited Act, to withdraw from the Subscription Service Contract.

4.9. Complaints and returns

The subject of the Sale Agreement are new Products. In case a Product purchased in SmartBee Club Store is defective, the Customer who is a Consumer is entitled to submit a complaint pursuant to Civil Code provisions relating to warranty. Liability under statutory warranty is excluded in case of Customer who are entrepreneurs.

Complaints related to Sale Agreement ought to be submitted immediately, no later than within 3 days from the date of the occurrence of the event justifying the submission of such complaint. A complaint should include:

– Customer Identification (name and surname or the name of the Company , personal or the Company address as well as the email address.

– Object of complaint, photographic documentation together with the indication of the period of time which the complaint relates to and circumstances justifying the submission of it.

All returned products must be unused and returned in accordance with these Regulations. Shipping costs shall be taken by the User. If the submission deadline is exceeded, the complaint shall not be considered. User is immediately informed about the outcome of the complaint procedure. Reimbursement, in case of accepted complaints, shall be made within 14 working days. Every product should be returned within 14 days. In case the Company confirms the submitted product’s defect, it shall either replaced the defective product with a new one or reimburse the money no later than within 14 days. The Company shall refund the payment using the same Payment Method chose by the Customer while paying for the Order.

5. Common Provisions

5.1 Out-of- court settlement resolutions relating to complaint procedures and claims enforcement

Detailed information on Customer’s right to use out-of- court settlement resolutions relating to complaint procedures and claims enforcement together with access details to such methods are available in headquarters and on the official Websites of: Local consumer advocates, social organizations whose statutory areas of responsibilities include consumer rights, Regional Inspectorate of Trade Inspection and under these Internet addresses: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php.

These are the exemplary out-of-court settlement methods relating to complaint procedures and claims enforcement that Consumer may follow:

– The Consumer is entitled to request the Permanent Consumer Arbitration Court referred to in art. 37 of Law on Trade Inspection dated 15 December 2000 (Poland’s Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from Sale Agreement.

– The Consumer is entitled to request the Regional Inspector of Trade Inspection, pursuant to art. 36 of Law on Trade Inspection dated 15 December 2000 (Poland’s Journal of Laws of 2014, item 148, as amended) mediation procedure to resolve a dispute between the Consumer and the Seller.

– The Consumer may receive free assistance with dispute resolution between him and the Seller including the assistance of local consumer advocate or social organizations whose statutory areas of responsibilities include consumer rights (i. A The Consumers’ Association, the Association of Polish Consumers).

5.2. Proof of Purchase

The Customer receives, on the given address, an email with a proof of purchase in the form of VAT invoice.

5.3. Personal Data

Consent for the processing of personal data is voluntary, however, the lack of consent makes it impossible to register with SmartBee Club Service and Store and to use the Subscription service and purchase Products. All information concerning personal data processing can be found in Privacy Policy.

5.4. Other provisions

The company reserves the right to amend the SmartBee Club Terms and Conditions for legitimate reasons such as improvement of existing functions or features of SmartBee Club Service or adding new ones, technical adjustment of SmartBee Club Service, maintenance of functionality or security of the Website as well as for legal and regulatory reasons. The Company shall notify the Customer about each amendment at least 14 days before it takes effect.

If any provision of these Terms and Conditions should be held invalid, unlawful or unenforceable it shall not affect the validity, lawfulness or enforceability of other provisions.

These Terms and Conditions and all Contracts shall be governed by and construed in accordance with the laws of Poland.

In all matters not regulated by these Terms and Conditions, generally applicable polish law regulations shall apply, in particular provisions of the Civil Code, the Act on consumer rights and Personal Data Protection Act.