Terms of the sale of goods at a distance and electronic services
These regulations specify the terms and conditions of use of the online store shared at http://www.brightboho.com by ORGANIC BY NATURE SPÓŁKA JAWNA HANNA BARTOSIK Warszawa (04-611), ul. V Poprzeczna 4b, KRS 0000384793, NIP: 9522107629, REGON 142918794, in particular, defines the rules for the submission and procurement contract for the sale by means of distance communication, as well as the use by customers of the services through the online store.
Contracts for the sale and the rights and obligations arising from use of the Online Store shall be governed by Polish law, unless otherwise stated in these Rules.
Data for quick communication with the Seller (Address / Contact / complaint):
ORGANIC BY NATURE SPÓŁKA JAWNA HANNA BARTOSIK
UL. V POPRZECZNA 4B
IBAN: PL95 2490 0005 0000 4600 5842 5987
ALIOR BANK EURO
IBAN: PL87 2490 0005 0000 4600 7141 7438
Brightboho - Shop (STORE/ RETURNS)
ul. V Poprzeczna 4B Street,
TELEPHONE: + 48 509 566 504
The terms used herein have the following meaning:
1) Client - a natural person, including consumer, who is at least 18 years of age, as well as a legal person or an organizational unit without legal personality, the special provisions confer legal capacity, and that has made or intends to make a contract or benefit from other services Store Internet;
2) Consumer - a person performing a legal act not directly related to its business or professional activity;
3) Civil Code - (OJ 1964 No. 16 pos. 93, as amended. Chg.) The Act of 23 April 1964. - Civil Code;
4) Account (Customer Account) - functionality Store, in which customer after registration has the ability to use the Services Store without the need for each of their personal data, and also has access to the history of procurement and other data and functionality not available not logged (who do not have accounts ) customers;
5) Regulations - these Regulations sale by means of distance communication and electronic services. In terms of services provided by electronic Regulations are the rules referred to in Article. 8 of the Act of 18 July 2002. On electronic services;
6) Registration - voluntary and free activity, which consists of the assumption by the Client Accounts Client made based on the messages presented to the Client and based on data provided by the customer, including personal data, using administrative panel provided by the Service Provider at the Shop;
7) Online Shop (hereinafter referred to as "Shop") - Internet service available at http://www.brightboho.com through which a customer can submit orders, as well as the use of other Services, Shop;
8) Page - The service provider or the customer;
9) Goods - movable property which is the subject of contracts of sale;
10) The sale agreement - a sales contract concluded between the Service Provider and the Customer using the means of distance communication through the store, which are the subject of Goods;
11) Service (Service) - a service provided by the Service Provider electronically on the terms specified in the Regulations through the Shop;
12) Service Provider (the "Seller") -ORGANIC BY NATURE SPÓŁKA JAWNA HANNA BARTOSIK Warszawa (04-611), ul. V Poprzeczna 4b, KRS 0000384793, NIP: 9522107629, REGON 142918794;
13) Act - the Act of 30 May 2014 on consumer rights (OJ 2014 pos. 827);
14) Order - the Customer's offer constitute the conclusion of the sale of the Service Provider, aimed directly to the conclusion of distance selling via the online store on the type and number of goods subject to the Contract of sale.
Basic obligations of the Parties
1. Each Party Sales Agreement is obliged to meet its benefit, ie. The execution of the sale agreement.
2. The customer is obligated to use the Store and Services offered by the Service in a manner consistent with the rules in force in the Republic of Polish law, the provisions of the Rules, and not to produce content prohibited by generally applicable laws.
3. The Seller is obliged to deliver the Goods free from defects.
4. If the buyer is a consumer, the Seller shall immediately give the benefit of the buyer, not later than thirty days from the date of the Agreement of sale, unless the sales agreement provides otherwise (in the description of the Merchandise, summary or confirmation of orders indicated a different date of delivery of the Goods). Seller shall make every effort to ensure that goods are delivered to the customer on the territory of the Republic of Poland within 1-2 days from the date of the Agreement of sales, in the case of shipping via the Polish Post within 7 days.
1. The customer can submit orders through the online shop 7 days a week, 24 hours a day.
2. In order to conclude the Sales Contract of Goods at a distance through the Online Store must make the choice of the Goods, provide the necessary data required by the Seller during the process of placing orders, and ultimately submit Order taking additional steps based on the displayed information to the Client.
3. To make efficient procurement and effective conclusion of the Sales Agreement is read and acceptance by the customer of the Rules, as well as confirmation that the consumer knows that the order entails the obligation to pay.
4. Placing orders is tantamount to placing the customer offer for the conclusion of contracts of sale of Goods. Submission of a tender is not synonymous with the conclusion of the Sales Agreement. To conclude the Agreement of sales occur in accordance with paragraph. 6 below.
5. After placing orders, the customer receives an e-mail to validate receipt of orders to the store, containing the final confirmation of all the essential elements of contracts.
6. The conclusion of the Purchase Agreement between the Seller and the Client occurs at the moment of delivery by the Seller to the Customer via e-mail confirmation of orders for the implementation referred to in paragraph. 5 above.
Prices, payment and delivery of the Goods
1. Commodity prices in the store are given in Polish zloty or in EURO and are gross.
2. Commodity prices do not include delivery costs. The total value of the contracts includes the price of goods and delivery costs, where the costs of delivery shall be borne by the customer.
3. Delivery is made via courier and mail. It is also possible personal collection of goods, by prior agreement by the Parties sale date of receipt of the Goods.
4. The customer has the option to pay the price as follows:
a) COD - cash on delivery Goods (only on the territory of the Republic of Poland)
b) cash or credit card at the personal collection of the Goods,
c) bank transfer to the Seller's bank account (prepayment)
d) through PayPal PayPal provided by PayPal (Europe) S.à amp; & Cie S.C. with its registered office at L-1150 Luxembourg;
e) through the service Allegro (Allegro provided by the joint stock company registered by the District Court Poznań - Nowe Miasto and Wilda, VIII Commercial Division of the National Court Register under the number 0000274399, NIP 779-23-08-495 and share capital in the amount of 4 000 000 00 PLN - paid in full) - online payment by bank transfer or credit / debit card,
f) through the service Sofort (provided by SOFORT GmbH, Fußbergstr. 1 82131 Gauting - Germany, entered in the District Court in Munich: HRB 218675 VAT ID: DE248376956.
5. The costs of delivery are indicated on the subpage Store at: http://brightboho.com/pl/content/1-dostawa
6. Delivery of goods is carried out both on the territory of the Republic of Poland and outside its borders, according to. pricing of supplies. Shipping outside the European Union requires prior agreement by the Parties and the date of shipment and its cost.
7. In the case of cash on delivery, you agree to receive and pay for the purchased goods (including postage) directly from the courier delivering a parcel. In case of evasion of the customer to pay for the delivered package, ie. In the case of non-Purchase Agreement by the customer, the courier returns the shipment to the Seller (maksymalniepo 14 days from the first delivery attempt). In such a situation, ie. In the case of non-Purchase Agreement by the Client seller can call the Client for its implementation, as well as claim compensation for damage caused to him by failure to perform the Sales Agreement by the Client, which means in particular to cover shipping costs both ways and call for execution of the Agreement sales payment.
8. Shipping Merchandise occurs in the case of the payments referred to in paragraphs. 4 point c - f immediately after recognition of the Seller's bank account, and in the case described in paragraph. 4 point and - immediately after the conclusion of the Sales Agreement.
9. Upon receipt of the consignment of the Goods ordered, suggested that consumer check the shipment, or at least its outer state.
10. Seller recalls that according to Article. 791 Polish Civil Code as a result of payment of debts of the carrier and shipment acceptance without reservations expire all claims against the carrier arising from the contract of carriage (including the liability for damage). It does not apply to claims arising from unseen damage to the shipment, if the recipient within one week after receipt of the consignment informed them of the carrier.
11. In connection with the above provisions in section 9 suggest that in case of mechanical damage of container shipping or other visible external damage to require the carrier to transcribe the minutes indicating damage. We also suggest that you always check the contents of the shipment and if it finds:
1) mechanical damage to the contents of the shipment,
2) non-compliance with the contents of the consignment subject to the Sales Agreement,
The consumer is entitled to refuse to accept the consignment. In this case, we suggest that you save your comments or notes from the event in the presence of the provider and the immediate notification of the Service Provider of the situation. In any case, in the event of damage, we suggest preparing a report of damage in the presence of the provider charges.
2. The customer who is not a consumer at the time of receipt of the consignment is required to check its contents. In the event of damage it is obliged to report it to the supplier of the Goods and immediately contact the seller.
3. Seller recalls that, in accordance with Article. 548 § 1 of the Polish Civil Code from the moment the goods sold to the buyer (customer) the benefits and burdens associated with the thing (the Goods) and the risk of accidental loss or damage to goods (Goods).
4. If the product is to be transferred by the Seller consumer, the risk of accidental loss or damage to the Goods shall pass to the consumer at the moment of the Goods consumer. For issuance of the Goods shall be deemed to its delegation by the Seller to the carrier, if the seller did not affect the choice of the carrier by Consumer.
5. The consumer may withdraw from the Agreement Commodity sales concluded at a distance for no reason, making a statement in writing within fourteen (14) days, the time limit runs from the acquisition of things in the possession of the consumer or the person designated by a third party (other than the carrier), and in the case of a contract, which includes a lot of things that are supplied separately, in lots or in parts - of taking possession of the last things, lot or piece. To meet the deadline is enough to send the appropriate declaration before the end of the address of the Seller.
6. The statement referred to in paragraph. 1 above, you can also submit the form, a model of which is attached as Appendix 2 to the Act and Annex 1 to the Regulations.
7. In case of withdrawal from the Contract Commodity sales concluded at a distance, the contract is considered null and void.
8. If the consumer filed a statement of withdrawal from the Sales Agreement before the seller accepted his offer, the offer ceases to be binding.
Permission consumer to withdraw from the Agreement (Return of Goods)
5. The consumer is required to pay Goods Seller or give it to a person authorized by the Seller to receive immediately, but not later than 14 days from the date on which withdrew from the Sales Agreement, unless the seller suggested that he receives the Goods. To meet the deadline just return the Goods before its expiry. Goods should be packed in a way that will ensure its safe transport.
6. The consumer bears the direct cost of returning the Goods (cost references).
7. The consumer is liable for any diminished value of the Goods as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Goods. The seller may deduct the amount of damage resulting from a decrease in the value of the Goods, as referred to in the preceding sentence.
8. Explanation of the mouth. 7: The consumer has the right to evaluate and verify Goods, but only in such manner and to such extent as he would do it in the store (check its completeness, condition, or technical parameters). The consumer can not normally use the Product, as in this case departed from the Sales Agreement may be charged additional costs in connection with a reduction in the value of the Goods.
Responsibilities of Vendors
9. The Seller is obliged to immediately, not later than 14 days from the date of receipt of the declaration of withdrawal from the Consumer Sales Agreement, pay all consumer payments made by him, including the costs of delivery of goods, if the seller is not suggested that he receives Goods the Consumer, may withhold the reimbursement payments received from the consumer to the receipt of things back, or the consumer has supplied evidence of her return, depending on which event occurs first.
10. Seller shall refund payments using the same method of payment, which used the consumer, unless the consumer has expressly agreed to a different way of return, which is not binding for him any costs.
11. If the consumer has chosen a way to deliver the Goods otherwise than the cheapest normal delivery offered by the Seller, the Seller is not obliged to return the consumer incurred by him additional costs.
12. We suggest that you attach proof of purchase in order to improve the process of return.
The statutory exclusion of the right to withdraw from the Sales Agreement
3. The right of withdrawal does not apply in situations referred to in art. 38 of the Act, ie. In relation to contracts:
1) the provision of services if the trader made a full service with the express consent of the consumer, who has been informed before the provision that under the provision of the entrepreneur will lose the right to withdraw from the contract;
2) in which the price or remuneration depends on fluctuations in the financial market that the trader does not control, and which may occur before the deadline to withdraw from the agreement;
3) the object of which is to provide for the non-prefabricated, manufactured according to the specifications of the consumer or his maid meet individual needs;
4) the object of which is to provide for the rapid decay dispersible or having a short shelf life;
5) in which the subject of the provision is the thing delivered in a sealed container, which after opening the package can not return due to health protection or hygiene reasons, if it were unsealed after delivery;
6) on the subject of which benefits are things that after delivery, due to their nature, are inextricably linked with other things;
7) in which the subject of the provision of alcoholic beverages, the price of which has been agreed at the conclusion of the contract of sale and the supply of which can only take place after 30 days and the value of which depends on fluctuations in the market, the trader does not control;
8) in which the consumer has specifically demanded that the entrepreneur came to him in order to make urgent repairs or maintenance; if the trader provides additional services other than those where the performance of the consumer demanded or provides things other than the parts necessary for repair or maintenance, right of withdrawal granted to the consumer for additional services or goods;
9) which are the subject of the provision of sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
11) contained in a public auction;
12) for the provision of accommodation other than for residential purpose, the carriage of goods, car rental, catering, services related to leisure activities, events, entertainment, sports or cultural, if the agreement marked a day or period of performance;
13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after having informed him by a trader of the loss of the right of withdrawal.
The warranty for physical defects of the Goods (Complaints and complaint)
1. The seller is obliged to deliver the Goods free from defects and is responsible for defects of the Goods.
2. The defect lies in the physical incompatibility of the sold goods with the contract of sale.
3. Claims under the warranty for defects (non-compliance with the Commodity Purchase Agreement) can also be made in writing or e-mail to the Seller.
4. The customer, who shall exercise the powers under the warranty, should provide Sellers defective Goods.
5. In order to speed up the complaint, please provide the text of the declaration of complaint: reported the claim, a short description of the reasons justifying the complaint and contact the Consumer. Please attach, if possible, to claim proof of purchase (invoice or receipt). If the complaint application does not contain the information necessary to consider the complaint, the Seller will contact the customer to obtain them.
6. If the sold product has a defect, you may:
1) submit a statement of the price reduction or withdrawal from the contract, unless the seller immediately and without undue inconvenience to the customer shall replace the defective product free from defects or remove the disadvantage. Reduced price should be in proportion to the price resulting from the agreement in which the value of the Goods from the drawback is the value of the Goods without defects. The customer can withdraw from the contract if the defect is irrelevant;
2) demand replacement of the product free from defects or defect removal. Seller shall replace the defective product free from defects or rectify the defect within a reasonable time without undue inconvenience to the customer with reservations and principles laid down in the relevant provisions of the Civil Code.
7. If the customer is a consumer, he may instead proposed by the Seller to remove defects require replacement of the product free from defects or instead replace the Goods to request the removal of defects, unless the supply of Goods for compliance with the agreement in a manner chosen by the consumer is impossible or would require excessive costs in the compared with the method proposed by the Seller. When assessing these costs are taken into account the value of the Goods free from defects, the nature and the importance of the defect, and also takes into account the inconvenience to which subject the Consumer otherwise meet.
8. When selling between business buyer (customer not being a consumer) is not entitled under the warranty if it did not examine the Goods at the time and in the manner adopted by things of this kind and did not notify the Seller immediately of the defect, and if the defect came to light only later - if not notified the Seller immediately after its discovery.
9. The consumer will be notified within 14 days of the complaint and the manner of its implementation.
10. The seller is responsible for non-compliance of the Goods with the agreement only if its findings before the expiry of two years from the date that the Consumer Goods. The consumer loses the right to demand bring the goods into conformity with the contract, granted to him under current legislation, before the expiry of twelve months from the observation of non-conformity does not notify the Seller. To meet the deadline is enough to send notice before its expiry.
Descriptions and photos of Goods
Presented on the Store images and other forms of visualization and presentation of goods they do not reflect their actual size - for information purposes only. In the case of many designs jewelry is made by hand, and the individual copies of the same model may vary slightly from each other.
1. The customer can opt in to receive commercial information, ie. Can order Newsletter - services provided by the Service Provider. Newsletter is sent only to customers who ordered newsletter.
2. The service newsletter via e-mail to the specified by you e-mail, the information is sent in the form of an electronic letter (e-mail) containing information bulletin (Newsletter) Online Store, as well as other commercial information sent by the Service Provider on its own behalf and on behalf of third parties.
3. The customer may at any time unsubscribe newsletter.
1. Clients' personal data are processed by the Seller with regard to the law in this area, in particular the Act of 29 August 1997 on the protection of personal data.
2. The Data Clients Seller.
3. Providing personal data is voluntary, but do not provide the required personal information may prevent submission of orders.
4. All personal data provided are subject to special protection.
5. Everyone has the right to access their personal data and the right to request their update or stop processing.
The contract for the provision of electronic services
1. The contract for the provision of electronic services (with the use of Customer Account) is concluded for an indefinite period.
2. Either party may terminate the agreement for the provision of electronic services (for the use of infrastructure Store - Customer Account) at any time and without giving reasons, the Seller may terminate the contract concluded with a consumer only for important reasons.
3. The customer, who has registration terminates the agreement for the provision of electronic services through self-deletion of the Account and consists of his disposal to remove or request the removal of a notification Accounts Service Provider, and in the case of the request to remove the Account Provider termination occurs after a period of notice of 5 days.
4. The service provider, in order to terminate the provision of electronic services, will inform the customer by e-mail address provided by the customer during registration, within 14 days before the scheduled date of the removal of Customer Account.
5. The service provider has the right to terminate the agreement for the provision of electronic services immediately, in the event of a breach by the Customer of the provisions of these Regulations after an unsuccessful call Customer to discontinue the above. violations of the date at least 3 working days.
6. The Service Provider via the Internet Store the following services:
1) presentation of the range Shop,
2) the ability to place orders for goods available at the online store and thus the possibility of contract for distance selling
3) informing the customer about the current status of orders,
4) the possibility of using the Customer Account,
2. Access to the services referred to in paragraph. 1 point. 1-3 above does not require registration.
3. Access to the services referred to in paragraph. 1 point. 4 above requires registration.
4. Use of the services referred to in paragraph. 1 is free.
IN THE REPUBLIC OF POLISH
1. Settlement of any disputes arising between the Service Provider and the Client who is a consumer is subjected to the courts competent in accordance with the provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Service Provider and the Client, who is not a consumer is submitted to the competent court for the seat of the Seller.
WITHIN THE EUROPEAN UNION
1. Settlement of any disputes arising between the Service Provider and the Client who is a consumer and has a permanent place of residence outside the territory of the Republic of Poland submitted to the competent courts in accordance with paragraph. 1 above or according to the provisions of Council Regulation EC No 44/2001 of 22 December 2000. On jurisdiction and the recognition of judicial decisions and their enforcement in civil and commercial matters, which states that the consumer may bring an action against a contractor (Sellers):
a) the court of the Member State in which the counterparty (seller) is domiciled, or;
b) the court of the State in which the consumer is resident;
2. The Seller in the event of a dispute is entitled to bring proceedings against a consumer only in the courts of habitual residence of the Consumer.
Non-judicial ways of dealing with complaints and redress
and on access to those procedures
1. If the seller will not accept complaints consumer, and the consumer does not agree with the decision of the Seller, he may ask for mediation or settlement to the arbitration court, so the use of alternative dispute resolution (ADR - Alternative Dispute Resolution).
2. The use of ADR is possible only after:
1) the end of the complaint process (should first complain to the Vendors), and
2) expression by both parties consent to proceed within the framework of ADR (if one party does not consent to the ADR, it is not possible to use it - remains the judicial route).
3. Detailed information about the extrajudicial mode of redress can be provided in the Guidance Office of Competition and Consumer Protection available under the link http://www.uokik.gov.pl/download.php?plik=15038
4. Information on the possibility of the Client who is a consumer of extrajudicial methods of complaint and redress and rules of access to these procedures are also available on the premises and on the websites of district (municipal) consumer ombudsmen, social organizations to which statutory tasks include protection consumers, the Provincial Inspectorates of the Trade Inspection and the following Internet addresses Office of Competition and consumer Protection:
5. The customer who is a consumer has, among others, The following possibility of using extrajudicial means of dealing with complaints and redress:
1) The Standing arbitration consumer court operating at the Inspectorate for Trade the opportunity to make a request for resolution of a dispute arising from the concluded Purchase Agreement;
2) provincial inspector of Trade Inspection opportunity to send a request to initiate mediation proceedings on the arbitration until the dispute between the customer and the shop;
3) the district (municipal) consumer ombudsman or social organization to which statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Tips provided by the Consumer Federation toll free consumer helpline 800 007 707 and by the Association of Polish Consumers at email email@example.com
Non-judicial ways of dealing with complaints and redress
and the rules of access to these procedures in the case of cross-border sales (Consumers who have their habitual residence outside the territory of the Republic of Poland)
1. If the seller will not accept complaints consumer, and the consumer does not agree with the decision of the Seller, he may enlist the help of one of the European Consumer Centres, which are listed in the link http://www.konsument.gov.pl/ index.php? page = eck-in-Europe & hl = en
2. If the seller will not accept complaints consumer, and the consumer does not agree with the decision of the Seller, it can also benefit from the options described in § 14 above. The consumer can also benefit from assistance from the European Consumer Centre, which will help him in searching for a suitable center ADR - http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc-net/index_en.html
1. In matters not regulated herein apply generally applicable laws. The sale agreement and other contracts concluded under these Regulations is contained, according to Polish law, and thus Polish law is applicable to the implementation of the Sales Agreement and the question of provision of electronic services.
2. Customers can access the Rules at any time, free of charge via pages (bookmarks) Store - Terms and Conditions, available from each level in the store.
3. Information on the Goods specified in the store, and in particular their descriptions, technical and performance characteristics and price, are an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code.
4. Amendments to the Regulations may be held under the conditions set out in Article. 3841 of the Civil Code.
5. The rights to any content made available through the online store, and in particular the copyright to photos, descriptions of Goods Shop name, trademarks granted to service providers and manufacturers Goods, included in the store graphics, software and law in the database are protected by law and entitled to the Service Provider or entities with which the Service Provider has entered into appropriate agreements. Unauthorized copying or other forms of use of any of the store without the consent of the Service Provider, a violation of the above. rights subject to criminal liability, including subject to a penalty of imprisonment.
1. The use of these Rules in whole or in any part constitutes copyright infringement authors and subject to criminal liability, this carries the penalty of imprisonment under the provisions of art. 115 et seq. Polish Act of 4 February 1994. On copyright and related rights.
2. Where the dissemination of these Regulations, in whole or in any part of the authors will take all available legal means in order to determine the responsibility of the competent people and more than criminal liability of persons who contravene also will seek compensation from those persons.
Appendix 1 to the Rules
Model withdrawal form from the Sales Agreement
(This form should be completed and returned just in case you wish to withdraw from the contract)
ORGANIC BY NATURE SPÓŁKA JAWNA HANNA BARTOSIK
Brightboho - SHOP (STORE /Returns)
ul. V Poprzeczna 4b Street,
TELEPHONE: + 48 602 581 259
This is to inform about my withdrawal from the sales contract the following things:
Date of receipt of the Goods: ...........................................................................................................................................................
Name of the consumer: ....................................................................................................................
Address of the consumer: ...........................................................................................................................................................
Account Bank Number: .........................................................................................................................
Signature of consumer (only if this form is notified on paper)