Regulations of the Online Store
Table of Contents:
§ 1. General provisions
§ 2. Definitions
§ 3. Electronic services
§ 4. Conditions for concluding a sales contract
§ 5. Methods and dates of payment for the product
§ 6. Delivery cost, methods, time of delivery and reception of the product
§ 7. Product complaint
§ 8. Out-of-court ways to handle complaints, redress and the rules for access to these procedures
§ 9. The right to withdraw from the agreement
§ 10. Provisions on investors
§ 11. Personal data in the online store
§ 12. Final Provisions
1. Online Store available at the Internet address www.bowlandbone.com is run by Dominika Rożniak under the name BB Republic Dominika Rożniak, entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of the place of conducting the business and address for delivery: Hutnicza 49A street, 81-061 Gdynia, Poland, NIP 8411642307, REGON 146666415, e-mail address: firstname.lastname@example.org, telephone number: +48 728 480 391.
2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store.
3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for purposes within the scope and on the basis of the principles set out in the Regulations of the Online Store. Providing personal information is voluntary.
4. Each person whose personal data is processed by the Service Provider has the right to:
a. their individual control
b. correcting and supplementing them
c. their removal
d. restrictions on their processing
e. their portability
1. The following Electronic Services are available in the Online Store:
b. The order form
2. Using the Account is possible after completing three consecutive steps by the Customer:
a. completing the Registration Form,
b. clicking on the “Create an account” field,
c. confirming of the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided.
3. In the Registration Form, it is necessary for the Customer to provide the following data:
a. name and surname / company name,
b. address (street, house / flat number, zip code, city, country)
c. e-mail address
d. phone number
f. tax identification number (NIP-in case the customer is not a consumer).
3. The Electronic Account service is provided free of charge for an indefinite period of time. The Customer may, at any time without giving any reason, delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to: Hutnicza 49A street,81-061 Gdynia, Poland.
4. The use of the Order Form begins with the Customer adding the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Client completes two consecutive steps:
a. after completing the Order Form
b. clicking on the Online Store website after completing the Order Form field “Ordering and payment obligation” – up to this moment it is possible to modify the entered data yourself (for this purpose, follow the displayed messages and information available on the Online Store website).
5. In the Order Form, it is necessary for the Customer to provide the following data about the Customer:
a. name and surname / company name,
b. address (street, house / flat number, zip code, city, country),
c. e-mail address,
d. contact telephone number and data regarding the Sales Agreement,
e. Product (s)
f. the quantity of the Product (s),
g. place and method of delivery of the Product (s),
h. tax identification number (NIP-in case the customer is not a consumer).
6. The Electronic Order Form Service is provided free of charge and is of a onetime nature and terminates when the Order is placed via it or when the Customer stops placing the Order through it.
7. The rules for the provision and use of the Electronic Newsletter service are regulated in the “Regulations of the Newsletter” document available on the website of the Service Provider.
8. Technical requirements necessary to cooperate with the ICT system used by the Service Provider:
a. a computer, laptop or other multimedia device with Internet access;
b. access to electronic mailbox;
c. Internet browser: Mozilla Firefox version 11.0 or higher or Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher;
9. The customer is obliged to:
a. use the Online Store in a manner consistent with the law and morality with a view to respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;
b. enter data consistent with the actual state.
10. The customer is prohibited from providing unlawful content.
11. Complaint proceedings for Electronic Services:
a. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Internet Website (with the exception of the Product complaint procedure, which is indicated in items 6 and 7 of the Regulations) may be submitted by the Customer for example:
● in writing to the following address: Hutnicza 49A street, 81-061 Gdynia, Poland;
· in electronic form via e-mail to the following address: firstname.lastname@example.org;
b. In the description of the complaint, the Customer must provide:
● information and circumstances regarding the subject matter of the advertisement, in particular the type and date of occurrence of the irregularity;
● customer requests;
· contact details of the complaining party
c. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
CONDITIONS FOR CONCLUDING A SALES AGREEMENT
1. Conclusion of the Sales Agreement between the Customer and the Service Provider takes place after the Customer has placed an Order using the Order Form in the Online Store.
2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees – about the obligation to pay, the Customer is informed on the Online Store pages when placing an Order, including when the Customer wishes to be bound by the Sales Agreement.
3. The procedure of concluding a Sales Agreement in the Online Store with the help of the Order Form:
a. Conclusion of the Sales Agreement between the Customer and the Service Provider is made after the Customer has placed an Order in the Online Store in accordance with the provisions of the Regulations.
b. After placing the Order, the Service Provider immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation takes place by sending by the Service Provider an appropriate message to an e-mail address provided at the time of placing the Order, e-mail address that contains at least the Service Provider’s statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. Upon receiving of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Service Provider.
4. Consolidation, security and access to the content of the concluded Sales Agreement by the Customer is effected through
a. providing access to these Regulations on the Online Store website
b. sending an e-mail to the Client.
5. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Service Provider’s Online Store.
METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
1. The Service Provider provides the Customer with the following methods of payment under the Sales Agreement:
a. payment on delivery
b. cash payment upon personal collection,
c. payment by bank transfer to the Service Provider’s bank account (Bank: Bank Millennium SA, account number: 91 1160 2202 0000 0002 3953 7950),
d. electronic payments and card payments via DotPay.pl – possible current payment methods are specified on the Online Store website in the “Payment methods” tab and on the http://www.dotpay.pl website.
2. Settlement of transactions by electronic payments and payment cards are carried out in accordance with the Customer’s choice through the PayU.pl service. Electronic payments and payment cards are managed by Dotpay.pl – Dotpay SA based in Krakow (address: Wielicka 72, 30-552 Krakow), entered in the Register of Entrepreneurs of the National Court Register under number RS 0000296790, registry files kept by District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, share capital in the amount of PLN 4,000,000 fully paid up, NIP: 634-26-61-860.
3. Date of payment:
a. if the Customer chooses cash payment on personal collection, payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make payment within 7 calendar days from the date of the Sale Agreement.
b. if the Customer chooses payment on delivery, the Customer is obliged to make a payment on that day.
DELIVERY COST, METHODS, TIME OF DELIVERY, AND RECEPTION OF THE PRODUCT
1. Product delivery is available on the territory of the Republic of Poland.
2. Delivery of the Product outside the Republic of Poland is possible only on the basis of an individual determination of the Parties, certified by e-mail correspondence.
3. The delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store pages in the “Delivery costs” tab and when placing the Order, including when the Customer wishes to be bound by the Sales Agreement.
4. The Customer’s personal collection of the Product is free.
5. The Service Provider provides the Customer with the following methods of delivery or collection of the Product:
a. postal parcel, postal collection.
b. Courier, Courier collection.
6. The deadline for sending the Order to the Customer is up to 2 business days, unless a different date is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date.
7. The service provider undertakes to send the parcel in time; however, he is not responsible for any delays in delivery that are not due to his fault.
8. The beginning of the delivery of the Product to the Customer counts as follows:
a. if the Customer chooses the method of payment by bank transfer, electronic payment or payment card – from the date of crediting the bank account or settlement account of the Service Provider;
b. if the Customer chooses the method of payment on delivery – from the day of concluding the Sale Agreement.
9. The time of readiness for the Product to be picked up by the Customer:
(APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
1. The basis and scope of the Service Provider’s liability towards the Customer, if the product sold has a physical or legal defect (warranty) are defined by generally applicable laws, and in particular in the Civil Code.
2. The Service Provider is obliged to dispose of the Product with no defects to the Customer. Detailed information about the Service Provider’s liability for a Product defect and Customer’s rights are set out on the Online Store website in the ‘Complaints and Returns ‘tab.
3. The complaint may be submitted to the Customer, for example:
a. in writing at the following address: Hutnicza 49A street, 81-061 Gdynia, Poland;
b. in electronic form via e-mail to the following address: email@example.com;
4. It is recommended that the Customer provides in the description of the complaint:
a. information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect;
b. requests for a way to bring the Product into compliance with the Sale Agreement or a statement of price reduction or withdrawal from the Sales Agreement;
c. contact information for a person submitting the complaint
it will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
5. The Service Provider will respond to customer complaints immediately, no later than within 14 calendar days from the date of its submission. Lack of the Service Provider’s response in the above-mentioned period means that the Service Provider considered the complaint justified.
6. If it will be necessary to deliver the Product to the Service Provider, after the Service Provider responds to the Customer’s complaint or exercises the Customer’s rights resulting from the warranty, the Customer will be asked by the Service Provider to deliver the Product at the expense of the Service Provider to Hutnicza 49A street, 81-061 Gdynia, Poland. However, if for reasons of the type of defect, type of the Product or the method of its installation, delivery of the Product by the Customer would be impossible or excessively difficult, the Customer will be asked to provide, after prior appointment, the Service Provider’s Product in the place where the Product is located.
7. The request to deliver the Product referred to in § 7, point 6 of the Regulations does not affect the time allowed for responding to the Customer’s complaint and does not violate the Customer’s right to request the Service Provider to dismantle the defective Product and re-installing the Product after exchange for a defect free one or removal of the defect from the Product referred to in art. 561 (1) of the Civil Code.
OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
1. Detailed information on the possibility of the customer using the extrajudicial method of dealing with complaints and compensation and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following internet addresses of the Office of Competition and ConsumerProtection : http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
2. The customer who is a consumer has the following possibilities of using out-of-court complaint and redress methods:
a. The customer is entitled to apply to a permanent amicable consumer court, referred to in article 37 of the Act of 15 December 2000 on Commercial Commerce (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle the dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of permanent consumer courts of arbitration are specified in the regulation of the Minister of Justice of 25 September 2001 on defining the rules of organization and operation of permanent consumer courts of arbitration. (OJ 2001, No. 113, item 1214).
b. The customer is entitled to apply to the provincial inspector of Trade Inspection, spoken of in article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of a dispute between the Customer and the Service Provider. Information on the rules and mode of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.
c. The customer can get free assistance in settling the matter between the client and the service provider, also using the free help of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including Consumer Federation, Polish Consumers’ Association). Advice is provided by the Consumer Federation under the free consumer helpline number +48 800 007 707 and by the Association of Polish Consumers at the email address firstname.lastname@example.org .
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
(APPLIES TO SALES AGREEMENTS CONCLUDED FROM 25 DECEMBER 2014)
1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send the statements before its expiry. The declaration on withdrawal from the contract may be made, for example:
a. in writing to the following address: Hutnicza 49A street, 81-061 Gdynia, Poland;
b. in electronic form via e-mail to the following address: email@example.com;
2. An exemplary model of the withdrawal form is contained in Annex 2 to the Consumer Rights Act. The consumer can use the form template, but it is not mandatory.
3. The period for withdrawing from the contract begins to run:
a. for a contract in which the Service Provider issues a Product, being obliged to transfer its ownership (e.g. a Sales Agreement) – from taking the Product into possession by the consumer or a third party designated by him, other than the carrier, and in the case of a contract which:
● includes many Products that are delivered separately, in batches or in parts – from the acquisition of the last Product, batch or parts;
● consists in regular delivery of Products for a designated period – from taking possession of the first Product;
b. for other contracts – from the date of conclusion of the contract.
4. In the event of withdrawal from a distance contract, the contract is considered void.
5. The Service Provider is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return all payments made by the consumer, including the delivery of the Product (except for additional costs resulting from the delivery method chosen by the Customer than the cheapest standard delivery method available in the Online Store). The service provider shall refund the payment using the same method of payment as the one used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. If the Service Provider has not offered to collect the Product from the Consumer himself, it may withhold the reimbursement of payments received from the Consumer until receipt of the Product or delivery by the consumer of proof of its return, whichever occurs first.
6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdraws from the contract, return the Product to the Service Provider or transfer it to a person authorized by the Service Provider to receive, unless the Service Provider offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Hutnicza 49A street, 81-061 Gdynia, Poland.
7. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Service Provider is not obliged to refund the consumer additional costs incurred by the consumer to withdraw from the contract.
9. The consumer bears direct costs of returning the Product.
10. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
a. for the provision of services, if the Service Provider fully provided the service with the express consent of the consumer who was informed before the service begins that after the provision of the service by the Service Provider will lose the right to withdraw from the contract;
b. in which the price or salary depends on fluctuations in the financial market over which the Service Provider does not control and which may occur before the deadline for withdrawal from the contract;
c. in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer’s specification or serving to satisfy his individual needs;
d. in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life;
e. in which the object of the service is a product delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
f. in which the objects of the service are Products which after delivery , due to their nature, are inseparably connected with other things.
PROVISIONS CONCERNING ENTREPRENEURS
1. This section of the Regulations and the provisions contained here apply only to Customers who are not consumers.
2. The Service Provider has the right to withdraw from the Sales Agreement concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to a claim by the Customer who is not a consumer any claims against the Service Provider.
3. In the case of non-consumer Clients, the Service Provider has the right to limit the available payment methods, including requiring prepayment in whole or in part, depending on the payment method chosen by the Customer and the fact of concluding the Sale Agreement.
4. Upon the release of the Product by the Service Provider, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall pass to the non-consumer Customer. In such a case, the Service Provider shall not be liable for any loss, harm or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If it determines that during the transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.
6. According to art. 558 § 1 of the Civil Code, the Service Provider’s liability under the warranty for the Product towards a non-consumer customer has been excluded.
7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.
8. The Service Provider’s liability towards a non-consumer Customer, irrespective of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid and delivery costs from the Sale Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider shall be liable to the Customer who is not a consumer only for typical damage predictable at the time of concluding the contract and shall not be liable for lost benefits in relation to the Customer who is not a consumer.
9. All disputes arising between the Service Provider and a non-consumer customer shall be submitted to the court competent for the seat of the Service Provider.
PERSONAL DATA IN THE ONLINE STORE
1. The Administrator of Customers’ personal data collected via the Online Store is the Service Provider.
2. Customers’ personal data collected by the administrator via the Online Store are collected – in accordance with the will of the customer – to implement the Sales Agreement or contract for the provision of Electronic Services.
3. Possible recipients of personal data of Customers of the Online Store:
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 personal data collected to a selected carrier or intermediary performing the shipment at the request of the Advisor;
b. in the case of a Customer who uses the Online Store with the electronic method of payments or with a card payment, the Administrator provides the collected personal data of the Customer, to the selected entity servicing the above payments in the Online Store.
4. The customer has the right to access their data and correct them. The request in this respect can be made, for example:
a. in writing to the following address: Hutnicza 49A street, 81-061 Gdynia, Poland;
b. in electronic form via electronic mail to the following address: firstname.lastname@example.org
5. Providing personal data is voluntary, but failure to provide the personal data specified in the Regulations necessary to conclude a Sales Agreement or a contract for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or a contract for the provision of Electronic Services are also indicated on the website of the Online Store each time before concluding a given contract.
1. Contracts concluded via the Online Shop are included in English.
2. Amendments to the Regulations:
a. The Service Provider reserves the right to make changes to the Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods – to the extent to which these changes affect the implementation of the provisions of these Regulations.
b. In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service – Account), the amended regulations bind the Customer, if the Client has been properly notified about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or increases in the current number, the Customer who is a consumer has the right to withdraw from the contract.
c. In the case of concluding agreements of a different nature from continuous contracts under this Regulation (e.g. a Sales Agreement), amendments to the Regulations shall not in any way affect the rights of acquired Customers who are consumers prior to the effective date of amendments to the Regulations, in particular amendments to the Regulations shall not effect on already placed or submitted Orders and concluded already or executed Sales Agreements.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services, – for Sale Agreements concluded on 25 December 2014 with customers who are consumers – the provisions of the Act on consumer rights and other relevant provisions of generally applicable law.