TERMS AND CONDITIONS OF PURCHASE IN THE ONLINE STORE
The owner of the online store www.BonBonKids.pl kept in the domain www.bonbonkisd.pl (hereinafter: the "Store"), with its registered office in Warsaw at 27 Naruszewicza Street, 02-627, entered in the Register of Entrepreneurs kept by the District Court for the Capital City . Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the number 0000668768, having REGON number: 366804605, NIP: 521-21-08, (hereinafter: "Seller").
1. GENERAL PROVISIONS
a. The Regulations specify:
* types, scope and conditions of rendering electronic services by the Seller as part of the Store,
* technical requirements necessary to cooperate with the IT system used by the Seller as part of the Store,
* complaint procedure,
* rules relating to the protection of personal data.
b. A "Customer" within the meaning of the Regulations is a person intending to make a purchase in the Store, registered or unregistered, placing an order in the Store, who is an adult natural person or a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity.
c. A "consumer" within the meaning of the Regulations is a natural person making purchases in the Store, not directly related to his business or professional activity in accordance with art. 221 of the Act of 23 April 1964 Civil Code (i.e., Journal of Laws of 2017, item 459, as amended) (hereinafter: the "Civil Code").
d. The online store allows customers to become acquainted with the commercial information and offer of the Seller's products and allows their purchase in accordance with the provisions of the Regulations
e. The Seller provides services within the Online Store only within the territory of the Republic of Poland.
f. Before placing the order, the Customer is obliged to read and accept the Regulations. Acceptance of the Regulations is a prerequisite for using the Store's services and occurs when completing the order form. The acceptance of the Regulations by the Customer is tantamount to submitting by him statements of the following content:
. I have read the Regulations and accept its provisions;
* I have voluntarily started using the services of an online store;
* the data contained in the order forms, registration or contact process are true;
* I agree to the processing of my personal data provided in the registration or contact form for the purposes necessary to establish, shape the content, amend or terminate contracts concluded with the Seller as part of the online store and the Seller fulfills the order;
* I agree to receive the system information indicated in the registration or contact form, messages from the Seller as well as information about difficulties, changes or technical breaks in the operation of the online store.
* The Seller makes the utmost effort so that the terms and conditions of sale through the Store shape the rights and obligations of the Consumer in a manner consistent with good manners and taking into account his interests.
g. To use the services of an online store, the following technical requirements are necessary:
. Internet connection
* the customer has an active and correctly configured e-mail account.
h. All rights, including intellectual property rights, to the Store, its name, internet domain, graphic design and data are the exclusive property of the Seller, and their use may only take place in a manner consistent with the Regulations or with the consent of the Seller.
* The Seller is not responsible for any disruptions in the operation of the Store or its functionalities caused by force majeure, failure of links or equipment not belonging to the Seller or the unauthorized interference of users.
2. ORDER COMPLETION
. The store sells via the Internet through the internet domain: www .bonbonkids.pl, where you can place orders.
a. The sales contract concluded by the Seller via the Store with a Customer who is a Consumer is a distance contract within the meaning of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683) (hereinafter: Consumer Rights Act ").
b. The Seller allows the purchase of goods related to interior design, accessories for children and adults as part of the online store. hereinafter: "Goods" or "Goods").
c. The information posted on the Store's website regarding the Goods (including descriptions and photos) does not constitute an offer within the meaning of art. 66 and subsequent of the Civil Code.
d. The Customer may use the Store and place orders without registering.
e. User account registration is voluntary and provides access to the full functionality of the Store. To register a user account, the Customer should complete the registration form, in which the following data should be provided:
. first name and last name,
f. Fields in which the above data should be provided are marked with the symbol "*". Failure to complete or refuse to complete the field marked with "*" prevents the user account from being registered.
g. Access to the user account is protected by a password created by the customer. The password should be between 5 and 16 characters. The customer is required to keep his password confidential.
h. After registering the user account, the Customer may place orders by selecting the Good or Goods using the "add to basket" button next to the Goods available in the Store and filling out the appropriate order form located on the Website after switching to the "my basket" tab. ".
i. The customer who does not have a user account places an order by selecting the Goods to be the subject of the order, completing the order form, in which he indicates the data necessary to complete the order.
j. Selected Goods are sent to the Basket, after which you can start the Order placement procedure.
k. Some of the Seller's products, the information and specifications of which have been provided on the Online Store website, are not available for sale as part of the Online Store services. Such products cannot be placed in the Basket. The product card of this type includes information on availability only in the Seller's showroom.
l. To place an order, the Customer shall complete the order form, confirm his knowledge of the terms of sale, accept the content of the Regulations and consent to the processing of personal data for the purpose of the contract.
m. In the order form, the Customer should indicate:
. quantity and type of ordered Goods;
* chosen payment method;
* chosen delivery method;
* address to which the ordered Goods are to be delivered;
* NIP (Tax Identification Number) if the Customer requests an invoice and also an invoice address if the invoice address is to be different from the delivery address.
n. After completing the Order submission process and selecting all delivery parameters, in order to send the Order, the Customer should click the "Order and Pay" icon, which is equivalent to accepting the obligation to pay the price of the Goods and delivery costs for the ordered Goods.
o. The customer receives an order confirmation with the order number via e-mail to the e-mail address provided by the customer in the order form.
p. The condition of the contract is:
. correct and complete completion of the order form,
* its confirmation by the Seller, made by e-mail sent to the address provided by the Customer in the order form,
* if you choose the method of payment by bank transfer, the entire amount (price) due is credited to the Seller's account.
q. In the case of payment by bank transfer, after accepting the Regulations and clicking "Order and Pay", the Customer will be redirected to the payment operator's website to pay for the order. The payment order is carried out in accordance with the payment terms applicable to the given payment operator.
r. In the case of payment options using PayU / PayPal, after accepting the Regulations and clicking "Order and Pay", the customer will be redirected to his bank's website to pay for the order. Payment orders are carried out by PayU SA in accordance with the regulations available for download on the abovementioned website.
s. With the cash on delivery option, the payment is made at the latest upon delivery by courier to the place indicated by the Customer. The Seller will refrain from releasing the product to the Customer until the Customer has fully paid for the order.
t. The Contract for the Sale of Goods, in the case of sale in cash on delivery option, is concluded when the Customer accepts the Regulations and clicking "Order and Pay".
u. The Agreement was
. All prices quoted in the Store are expressed in Polish zlotys (PLN) and are prices including the appropriate VAT rate.
a. The price of the Good displayed next to the title or name of a given item on the Store's website does not include the delivery fee. The final cost of the order consists of the price of the Good and the delivery fee, which will be provided by the Seller in the order confirmation.
b. The Seller reserves the right to amend the prices of Goods available on the Store's website. The changes made do not apply to orders placed, but not yet completed, before the price change. The prices given next to the Goods at the time of placing the order and confirming the acceptance of the order for execution shall apply to such orders.
4. DELIVERY AND DELIVERY DATE
. The implementation of the order for the Customer begins on the first business day after the date of conclusion of the contract for the sale of Goods.
a. The term of the contract is given in the product card. In the case of products available in the Seller's showroom, the delivery time is 3-7 business days. In the case of products imported for individual customer orders, the delivery time is longer and can be from 4-6 weeks.
b. If the Seller is unable to complete the order due to the fact that the product will be unavailable, he will immediately notify the Customer, but at the latest within three days of the conclusion of the contract and return the entire sum of money received from him.
c. In the event that the Seller is unable to complete the order for a product with the properties configured by the Customer, even because of the temporary inability to perform the service, the Seller may release itself from the performance of the order by offering the Customer the purchase of a replacement product of the same quality and purpose, and for the same price or remuneration. The customer has the right not to accept a replacement product and withdraw from the contract with the seller.
d. The Seller will inform the Customer about unavailability of the product, a proposal to provide a replacement product and about the Customer's right to withdraw from the contract. The Customer may withdraw from the contract within 14 days from the date of notification by the Seller, in accordance with the terms of the preceding sentence.
e. Delivery of the ordered Goods takes place via Poczta Polska or an entity professionally involved in delivering parcels.
f. If you order goods with different availability dates, the goods are sent together at the time of completion. At the customer's request, we can split the shipments.
g. The Seller shall not be liable for non-delivery of a Good or delay in delivery of the purchased Good to the Customer due to an inaccurate or incorrect delivery address provided by the Customer when placing the order.
h. The customer should check the parcel on delivery. If it is found that the received Goods are defective or have been mechanically damaged, they should request the courier to write a damage report and immediately inform the Seller.
. The forms of payment and the way they are made depend on the method of receipt of the order chosen by the Customer.
a. The Store offers the following forms of payment for ordered Goods:
. by electronic transfer - the Good will be sent after the entire price for the Good has been received, together with the payment for the delivery to the Store's bank account (this time depends on the banks conducting the transaction, but usually the funds are received the next day after the transfer).
* by bank transfer - The goods will be sent after the entire price for the goods has been received, together with the payment for the delivery to the Store's bank account (this time depends on the banks conducting the transaction, but usually the funds are received the next day after the transfer).
* by credit card - the Store proceeds with the order after the successful authorization of the credit card,
* PayU / PayPal - The goods will be sent after receiving confirmation from the Seller from PayPal that the entire amount due for the Goods together with the delivery fee has been paid.
b. The Customer receives a receipt from the Seller as proof of purchase of the Goods, and at his request a VAT invoice.
c. If a VAT invoice is to be issued to a Customer conducting business activity and / or being a VAT payer, the Customer should also provide the Customer's Tax Identification Number. By making a purchase in the Store and confirming the order, the Customer agrees to issue a VAT invoice without signature.
PL 46 1030 0019 0109 7806 0107 9931
6. WITHDRAWAL FROM THE CONTRACT
. In accordance with art. 27 of the Act on Consumer Rights, a Customer who is a Consumer who has concluded a sales contract may withdraw from it within 14 days without giving a reason and without incurring costs, by submitting a relevant declaration in any form.
a. The deadline for withdrawing from the contract begins from the date of effective delivery of the Good to the Customer or a third party authorized by him.
b. The Seller informs in particular that pursuant to art. 38 section 3 of the Act on consumer rights, the customer who is a consumer is not entitled to withdraw from a contract concluded off-premises or at a distance in relation to contracts for the sale of goods, the subject of which are non-prefabricated products, manufactured according to the specification of the customer who is a consumer, with the characteristics specified by the consumer in his submitted order or to meet his individual needs.
c. The Customer may exercise the right to withdraw from the contract in such a way that he submits to the Seller an appropriate statement of withdrawal from the contract. The Customer may use the model withdrawal form attached as Annex 1 to the Regulations, but it is not mandatory. In particular, the customer may instead use the withdrawal formula attached as Annex 2 to the Consumer Rights Act.
d. The right to withdraw from the contract expires after 14 days from the date of taking over the Good by the Customer who is a consumer or a third party indicated by him other than the carrier. If the contract covers many products of the Goods, which are delivered separately, in lots or in parts, the deadline to withdraw from the contract is calculated from taking possession of the last Good, lot or part.
e. In order to meet the deadline to withdraw from the contract, it is enough to send information regarding the exercise of the Customer's right of withdrawal before the deadline to withdraw from the contract.
f. In the event of withdrawal from the contract, it is considered void. The Seller returns to the Customer all payments received, except for the cases specified in paragraph 8 below. The provisions of the Act on Consumer Rights shall apply to the settlement of the Seller by the Customer.
g. If the Customer has chosen a method of delivery of the Goods other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Customer.
h. In the event of withdrawal, the Customer who is a consumer is obliged to return the Goods to the Seller immediately, no later than 14 days from the day on which he withdrew from the contract. The customer bears the direct cost of returning the Goods to the Seller.
i. The Customer is liable for a decrease in the value of the Good as a result of using the Good in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
7. COMPLAINTS FAULTS OF GOODS
. The seller delivers goods free from defects.
a. The seller is liable to customers for product defects in accordance with the provisions of art. 556 and art. 5561-5563 of the Civil Code.
b. The customer has the right to lodge a complaint under the warranty for physical or legal defects.
c. If the Customer requests the replacement of the Good or the removal of defects of the Good, the Seller may refuse to comply with this request, if the Customer's request is impossible to fulfill for the Seller, or requires excessive costs compared to other possible requests, in particular the Seller may refuse disassembly and reinstallation. if the cost of these activities exceeds the price of the sold Good. If the Customer is a Consumer, he may require the Seller to disassemble and reassemble, however, he is obliged to bear some of the costs associated with it exceeding the price of the sold Good, or he may require the Seller to pay a part of the disassembly and reinstallation costs, up to the price of the good sold.
d. The complaint may be submitted in any form. In order to speed up the processing of complaints, a brief description and reasons justifying the complaint and the customer's contact details should be provided in the complaint form.
e. Complaint letter. The Customer may send the Seller by registered mail with a return acknowledgment of receipt to the following address: Woronicza street 33 lok C Warszawa 02-640 or to the email address: firstname.lastname@example.org
f. The Seller is obliged to replace the Goods or remove the defect within a reasonable time. If the request submitted by the Customer who is a Consumer regarding a complaint relates to: (i) repair of the Good, (ii) replacement of the Good with a new one or (iii) reduction of the price of the Good, the Seller shall consider the complaint within 14 calendar days from the date of its submission. If this deadline is not met, the complaint will be considered valid.
g. The customer who exercises the warranty rights is obliged to return the Goods at the expense of the Seller with information about the reason for the complaint to the following address: Woronicza Street 33lok C Warszawa 02-640. Complaints without returning the advertised Goods to the Seller will not be considered. If, due to the type of Good or the way it was installed, the delivery of the complained Good to the Seller would be excessively difficult, the Customer is obliged to make the Good available to the Seller or a person authorized by him in the place where the Good is located.
h. A manufacturer's warranty may be granted for the Goods sold by the Seller. If the warranty has been granted, the Customer shall be issued with a separate warranty document stating its terms. The Seller's liability under the warranty of sold goods is excluded towards customers who are entrepreneurs.
i. Products for individual orders are not refundable or complaint if they are made in accordance with the order.
8. PERSONAL DATA
. The administrator of personal data is the Seller.
a. Personal data is protected in accordance with the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2016, item 922, as amended) in a manner preventing access to them by third parties.
b. The customer has the right to access their personal data, modify it and request its removal.
c. When placing the order, the Customer provides the following personal data: name and surname, address for delivery of the Goods, e-mail address, mobile phone number. The Customer's personal data may be processed by the Seller only for the purpose of fulfilling the Customer's order, including informing the Customer about the status of the order or obtaining the Customer's opinion as to his satisfaction with the completed order. Personal data during the implementation of orders may be shared with postal operators or carriers to deliver orders.
d. In the event of exercising the right of withdrawal, the Customer may provide a bank account number for refunds.
e. Providing personal data by clients is always voluntary. However, failure to provide data marked as necessary prevents registration on the Store's website, as well as the conclusion of a sales contract with registration.
f. The Customer in a separate statement may consent to the processing of his personal data for purposes other than related to the implementation of the order, in particular marketing, sending commercial information or the Seller's Newsletter message.
g. Voluntary consents to receive commercial information may be withdrawn at any time at the Customer's request submitted via the e-mail address provided by the Customer in the order form. At the request of the Customer, personal data will be removed from the contact database used to provide commercial information by electronic means.
9. FINAL PROVISIONS
. The Regulations enter into force on 01/07/2017 and are available on the Store's website.
a. The Seller may change the Regulations. Amendments to the Regulations do not apply to the conditions for the implementation of contracts concluded before the date of entry into force of the amendment, unless the law provides otherwise.
b. The law applicable to the conclusion of the contract with the Customer is the law of the Republic of Poland, and the courts are common courts of the Republic of Poland, unless otherwise stipulated by mandatory provisions of law. Any disputes between the Seller and the Customer who is not also a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
c. In the event of a dispute related to the sales contract concluded with the Seller, including primarily complaints, the Customer who is a consumer has the option of using out-of-court complaint handling and redress, including before the Permanent Consumer Arbitration Courts, in accordance with the rules governing proceedings before selected institutions / courts.
INFORMATION CONCERNING THE USE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT
MODEL INSTRUCTIONS ON WITHDRAWAL FROM THE CONTRACT
1. The right to withdraw from the sales contract
You may exercise your right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date of delivery.
To exercise the right of withdrawal, you must send a clear statement of withdrawal from this contract (e.g. by sending a letter by post, fax or e-mail). You can use the model withdrawal form, but it is not mandatory. To meet the deadline to withdraw from the contract, you only need to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
1. Effects of withdrawing from the sales contract
In the event of withdrawal from this contract, we will refund you all payments received from you, including the costs of delivery (except for additional costs resulting from your chosen delivery method other than the cheapest usual delivery method offered by us), immediately and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. The refund of payments will be made using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise.
In any case, you will not incur any fees in connection with this refund.
Please send returns to:
Annex No. 2
MODEL WITHDRAWAL FROM THE CONTRACT
..................... on ......................
Consumer's name, surname and address
DECLARATION OF WITHDRAWAL FROM THE CONTRACT
INCLUDED AT DISTANCE
I / We (*), the undersigned, and ................................................... I hereby declare that pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683) I withdraw from the sales contract concluded on ........................... off business premises / at a distance * (* cross out improperly) regarding the purchase of goods ...................................................................
Date of conclusion of the contract: _________________.
Name of the customer of the consumer (s): ______________________
Customer (s) customer address: ___________________________
Order number: ____________________
Receipt / Invoice Number: _________________________
(date and signatures of the Customer (s) if the form is sent in paper version)
* delete as appropriate depending on the number of persons signing the declaration