TERMS AND CONDITIONS OF THE ONLINE STORE
divine bee
1. GENERAL PROVISIONS
1 The BOSKA pszczoła online store, operating at: https://www.boskapszczola.pl, is operated by Natalia Martin conducting business activity under the name: BOSKA pszczoła Natalia Martin, with registered office in Golębie 39, 06-150 Świercze, operating under NIP: 6652717218 , REGON: 389049772.
(2) These Terms and Conditions of the online store determine the rules for making purchases in the online store www.boskapszczola.pl, in particular, the rules and procedure for concluding distance sales contracts through the Store, as well as the procedure for complaints and the procedure for withdrawal from the contract by the Consumer.
(3) With respect to Services provided electronically, these Regulations are the regulations referred to in Article 9 of the Act on Provision of Services by Electronic Means of July 18, 2002 (i.e., Journal of Laws of 2020, item 344, as amended).
4 The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations, before making a purchase.
(5) Each customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Terms and Conditions in effect at the time the order is placed.
(6) Each Customer has the opportunity to review the Terms and Conditions at any time by clicking on the hyperlink "www.boskapszczola.pl/regulamin" on the Store's website atwww.boskapszczola.pl. The Regulations can be downloaded and printed at any time.
(7) All information contained on the website of the BOSKA pszczoła Store relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, pursuant to Article 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.
2 DEFINITIONS
Regulations - this set of regulations organizing the rules of use of the Store's Services by Customers.
Consumer (contracts concluded before January 1, 2021) - a natural person, making a civil contract through the Store, not directly related to his/her business or professional activity.
Consumer (contracts concluded from January 1, 2021) - the following are considered to be Consumers:
- a natural person making a civil contract through the Store, not directly related to his/her business or professional activity - the so-called "Consumer sensu stricto".
and
- a natural person entering into a civil law contract through the Store, directly related to his/her business, when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available under the provisions of the Central Register and Information on Business Activity - the so-called "Entrepreneur on the rights of the Consumer".
For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer to both Consumers stricto sensu and Entrepreneurs on the rights of Consumers.
Customer - a natural person (including a Consumer) who is at least 13 years old (provided that he/she has obtained the consent of the legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses the Services provided by the Store.
Order Form - a Service available on the Store's website, by means of which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain terms and conditions of the Sales Agreement, among others the method of delivery and payment.
Shopping Cart - an element of the Store in which the Goods selected by the Customer are visible, and in which the Customer has the opportunity to determine and modify the Order data, including the quantity of Products purchased.
Store - an Internet service, belonging to the Seller, available under the domain: https://robertproch.org, through which the Customer can purchase Goods from the Seller.
Seller - BOSKA pszczoła Natalia Martin with registered office in Golębie 39, 06-150 Świercze, NIP: 6652717218, REGON: 389049772, who, in the course of her commercial or professional activity, offers sales via her website.
Goods - a movable thing traded between the Store and the Customer, the terms of sale of which are specified in the Order Form.
Contract of sale - a contract for the sale of Goods at a distance concluded by the Customer through the Store, usually through the Order Form.
3. RECEIVING AND PROCESSING ORDERS
(1) The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
(2) Orders from Customers are accepted by means of a sent Order Form, made through the website: www.boskapszczola.pl or by e-mail to sklep@boskapszczola.pl, 7 days a week, 24 hours a day.
(3) The order of Goods is carried out by selecting the Goods in which the Customer is interested, clicking on the "ADD TO CART" button, located next to the description of the Goods, and then, from the "CART" level, located in the Shop tab, filling in the Order Form, including selection of the form of delivery and payment or selection of the payment on delivery option, if available for the selected Goods, and then clicking on the purchase confirmation.
4 Entrepreneurs, recognized as so-called Entrepreneurs on the rights of consumers (see the definition of "Consumer" in these Regulations), entering into contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.
(5) After placing an order, the customer receives a confirmation of the placed order to his e-mail address, provided in the Order Form.
(6) After the customer receives confirmation of acceptance of the offer, the process of execution of the order by the Seller begins, whereby:
a. in the case of an order paid on delivery - begins at most on the next business day, after its confirmation by the Seller.
b. in the case of an order paid by traditional transfer - begins after the payment for the order is credited to the Store's bank account.
(c) in the case of an order paid by card: the order processing time is calculated from the moment of positive authorization of payment.
7 Orders placed in the Store are processed during the working hours of the Store (on working days, Monday through Friday, from 9:00 a.m. to 5:00 p.m. Orders placed on working days after 5:00 p.m., on Saturdays, Sundays or holidays, will be processed on the next working day.
8 The Customer will receive a message about acceptance of the order for execution, which is understood as a statement by the Seller about acceptance of the offer. As soon as it is received, by the Customer, the Contract of Sale is concluded.
9. a VAT invoice is issued for each order and sent to the customer's e-mail address.
10. the available means of communication between the Customer and the Store is: e-mail - sklep@boskapszczola.pl
(11) The price specified in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due. The cost of delivery is not included in the price, as it depends on the delivery method chosen by the Customer for the purchase.
12. the Seller reserves the right to change prices found in the Store, to introduce new Goods for sale, to carry out and cancel promotional actions, or to make changes to them, in accordance with applicable law.
(13) If the Consumer will be required to pay more than the agreed price, described in the preceding paragraph, the Shop will immediately inform the Consumer about this fact, explaining the reason for the difference in price. Charging the Consumer with additional costs will be made only after obtaining the express consent of the Consumer.
4. DELIVERY AND TRANSPORTATION COSTS
1. the execution of shipping of the order in the Store is carried out through:
- InPost parcel machines
- InPost courier
(2) Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays and holidays will be processed on the nearest working day.
(3) The waiting time for delivery is usually: 3 working days. The waiting time consists of the order processing time, i.e. the completion of the Goods for the order and the expected delivery time, which is from 24 hours, for Poland.
(4) The seller is not responsible for delays caused by the carrier.
(5) When receiving the shipment delivered by the courier, the Customer should in his presence carefully check the content and completeness of the shipment, the condition of the outer packaging and the condition of the ordered Goods. In case of damage to the shipment, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
5. PAYMENT PROCESSING
1. the entity providing online payment services is Blue Media S.A. and Przelewy 24 (PayPro S.A)
(2) The following forms of payment are available in the operation of the Store:
A. Traditional transfer
B. Fast online transfers
C. BLIK
D. Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro.
E. Pay Pal
(3) A customer who has chosen the option of payment by bank transfer is obliged to pay for the order placed, within five (5) working days, from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the title of payment, it is sufficient to specify only the number of the order being placed. It is possible to extend the payment deadline, with prior notification to the Store staff.
6 ADVERTISEMENT
(1) The Seller shall be liable under warranty for physical and legal defects of the Goods, to the extent specified in Article 556 and following of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended).
(2) Physical defect of the Goods consists in the non-conformity of the sold Goods with the contract, which occurs when:
- The goods do not have the properties they should have due to the purpose of the contract, resulting from the circumstances or purpose;
- The goods do not have the properties that the Seller assured the Customer about;
- The goods are not suitable for the purpose that the Customer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
- The goods were issued to the customer in an incomplete condition.
(3) A legal defect in the Goods occurs when the Goods are owned by a third party or are encumbered by a right of a third party, when the restriction on the use or disposition results from a decision or ruling of a competent authority.
(4) In the case of the Consumer, the public assurances of the manufacturer or the entity that markets the Goods, within the scope of its business, or that presents itself as the manufacturer, shall be treated equally with the assurances of the Seller. However, the Seller shall not be liable when such assurances were not known to him or could not have been known to him, or when such assurances could not have influenced the Consumer's decision to conclude the sales contract, as well as when the content of such assurances was corrected before the conclusion of the sales contract.
(5) The seller shall be liable under warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the item to the customer.
(6) In the case of a Consumer, when a physical defect is discovered before the expiration of one year from the date of delivery of the Goods, it shall be presumed that the defect or its cause existed at the time of delivery of the Goods.
(7) If the buyer is a Consumer, and the physical defect is discovered before the expiration of one year from the date of delivery of the sold thing, the defect or its cause is presumed to have existed at the time when the danger passed to the buyer.
(8) If the Goods have a defect, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defect.
(9) If the Goods have a defect, the Customer may also request to replace the item with a defect-free one or to remove the defect.
10. the Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Goods with defect-free Goods, or instead of replacing the Goods demand the removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller.
11 The customer may not withdraw from the contract if the defect is insignificant.
12 Complaints about the Goods, may be made:
a. in writing, to the Seller's registered address;
b. by e-mail, to: sklep@boskapszczola.pl
13 The complaint should include:
a. Details of the person making the complaint (name, mailing address, optional - e-mail address and contact telephone number);
b. indicating the reason for the complaint and the content of the request;
c. the Order number, as shown in the confirmation of acceptance of the Order;
d. the original or a copy of the proof of purchase (invoice) may facilitate the filing of a claim, but is not necessary to file a claim.
14. the Customer, exercising warranty rights, shall deliver the defective Goods, at the Seller's expense, to the address:
15. the Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
(16) If the complaint is justified, the Seller undertakes to replace the defective Goods with defect-free Goods or remove the defect within fourteen (14) days from the date of the Customer's complaint.
(17) In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days, from the date of receipt of the withdrawal from the contract, provided that the refund of the payment will not be made until the Goods are received back or the Customer provides proof of their return.
(18) If there is a need for a refund for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the payment card of the ordering party.
(19) If the Consumer demanded replacement of the item or removal of the defect or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the seller did not respond to this demand within fourteen (14) days, it shall be considered that the seller recognized the demand as justified.
(20) A claim for removal of a defect or replacement of the Goods with defect-free Goods shall be barred by the expiration of one (1) year from the date of discovery of the defect. In the case of a Consumer, the statute of limitations shall not end before the expiration of two (2) years.
(21) The above provisions do not exclude the Seller's ability to provide a warranty for the purchased Goods, which is provided for in separate warranty regulations.
7. RIGHT OF WITHDRAWAL
(1) A consumer who has entered into a distance or off-premises contract has the right to withdraw from the contract without giving any reason within 14 days.
In accordance with the Consumer Rights Act of May 30, 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of the Goods purchased from the Store, without giving any reason, by making a statement to that effect in writing, within fourteen (14) days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). In order for the Consumer to meet this deadline, it is sufficient to send the statement, before its expiration.
(2) The consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. A model statement is attached as Appendix No. 1 to these Regulations.
(3) The statement of withdrawal should be sent to: sklep@boskapszczola.pl
(4) The consumer shall return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Goods before its expiration.
(5) Return of Goods shall be made to the Seller's address: Gołębie 39, 06-150 Świercze
(6) The Seller, within fourteen (14) days, from the date of receipt of the declaration of withdrawal from the contract, shall refund to the Consumer all payments made by him, including the cost of delivery of the Goods, but the refund of payments will not be made until the Goods are received back or the Consumer provides proof of their return.
7 The seller will refund the payment using the same method of payment used by the Consumer.
(8) The consumer shall bear the cost of returning the Goods to the Seller.
(9) The right of withdrawal from the Sales Contract shall not be granted to the Consumer with respect to the contract:
- in which the object of performance is a non-refabricated item, manufactured to the Consumer's specifications or serving to meet his individualized needs;
- in which the object of performance is an item that is perishable or has a short shelf life;
- in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
- in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- for the provision of daily newspapers, periodicals or magazines, except for a subscription contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
- for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
(10) The right of withdrawal from a contract concluded at a distance shall not be granted to an entity other than a Consumer, in the sense adopted for the purposes of these Regulations (see definition of "Consumer").
8. OUT-OF-COURT DISPUTE RESOLUTION
(1) In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
- Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free assistance from the city or county consumer ombudsman.
- ODR's online platform available at: http://ec.europa.eu/consumers/odr/.
(2) This chapter entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Regulations as Consumers, the so-called "Entrepreneurs on the rights of consumers", which came into force for contracts concluded from January 1, 2021. In view of this, for all contracts, the chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.
9. PROTECTION OF PERSONAL DATA
(1) The customer, by placing an order, agrees to the processing, provided by him, of personal data, for the purpose of execution and handling of the order, by the Seller, who is also the administrator of personal data, within the meaning of Article 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.
(2) The administrator of personal data, provided by the Customer, when using the Store, is the Seller.
(3) Personal data, located in the database of the Seller, shall not be transferred to entities that do not participate in the implementation of the Sales Agreement.
(4) The Customer, in accordance with Article 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88, has the right to access his personal data, and may request their correction or deletion. The Seller shall provide each Customer with the right to control the processed personal data.
(5) The provision of personal data is voluntary, however, the lack of consent to the processing of personal data prevents the execution of the Customer's order.
6 Detailed information on personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.
10. FINAL PROVISIONS
(1) The Regulations set out the rules for the conclusion and performance of the Agreement for the sale of Goods located on the website of the Store.
(2) The contract of sale is concluded between the Customer and the Seller.
3. the Regulations are available to all customers in electronic version on the website of the Store
(4) In order to use the Services of the Store, it is necessary to have equipment that allows access to the Internet and a web browser that allows the display of web pages, as well as to provide an e-mail address to send information, concerning the implementation of the order.
5 It is forbidden for all persons, including customers, to post unlawful content on the Store's website.
(6) In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
(7) The Regulations do not exclude or limit any of the rights of the Customer, who is a Consumer, to which he is entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, the provisions shall prevail.
(8) In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions in the remainder shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. Accordingly, this also applies to any gaps in the Terms and Conditions.
Appendix 1: Form of withdrawal by the Consumer stricto sensu and the Entrepreneur on the rights of the Consumer from the concluded contract
City: ___________, on: __________ r.
Consumer/Entrepreneur on the rights of the Consumer:
Name: ________________
Address: ________________
E-mail: ________________
Tel: ________________
Entrepreneur:
Name:
Address:
FORM OF WITHDRAWAL BY A CONSUMER OR ENTREPRENEUR ON THE RIGHTS OF A CONSUMER FROM A CONTRACT FOR THE PROVISION OF SERVICES
Hereby, acting pursuant to Article 27 of the Law on Consumer Rights of May 30, 2014. (i.e., Journal of Laws of 2020, item 287, as amended), as amended:
Article 27 of the Law on Consumer Rights
A consumer who has concluded a contract at a distance or off-premises may withdraw from the contract within 14 days without stating a reason and without incurring costs, except for the costs specified in Articles 33, 34(2) and 35.
I inform about withdrawal from the agreement, concluded on _______________, consisting of:
___________________________________________________________________
___________________________________________________________________
In view of the above, I kindly request a refund of the following monetary amount, resulting from the withdrawal from the contract: ______ PLN (in words: _________________________________), which should be transferred to the following bank account number: _________________________.
Best regards,
__________________
(handwritten signature of the Consumer/Entrepreneur on the rights of the consumer)