Regulations

TERMS AND CONDITIONS OF THE ONLINE STORE
divine bee

1. GENERAL PROVISIONS

1 The Divine Bee online store, operating at address: https://www.boskapszczola.pl, is run 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 number: 6652717218 , REGON: 389049772.

(2) These Regulations of the online store determine the principles of making purchases in online store www.boskapszczola.pl, and in particular, the principles and mode of conclusion of 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. to the extent of the Services provided electronically, these Regulations are the regulations referred to in art. 9 of the Act on provision of services by electronic means of July 18, 2002 (i.e. Journal of Laws from 2020, item 344 , with as amended).

4 The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with 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 force at at the time of placing an order.

(6) Each Customer has the opportunity to get acquainted with Regulations at any time by clicking on the Store’s website wwww.boskapszczola.pl at hyperlink “www.boskapszczola.pl/regulamin”. The Regulations can be downloaded and printed at any time.

7. all information contained on the website of the Store BOSKA pszczoła relating to products (including prices), do not constitute an offer in within the meaning of Article 66 of the Civil Code of of April 23, 1964 (ie. Journal of Laws from 2020, item 1740 , with as amended), but an invitation to conclude a contract, in accordance with Article 71 of the Civil Code of of April 23, 1964 (i.e. Journal of Laws from 2020, item 1740 , with 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 description.


2 DEFINITIONS


Regulations – this set of regulations organizing the rules of use of Store 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 business or professional activity.

Consumer (contracts concluded from January 1, 2021) – the following are considered to be Consumers:

  • a natural person making a civil law contract through the Store, not directly related to his business or professional activity – the so-called “Consumer sensu stricto“.

and

  • a natural person who enters into a civil contract through the Store, directly related to his/her business, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of Central Register and Informationon Economic Activity – the so-called “Entrepreneur on the rights of the Consumer“.

For the purposes of these Regulations, it is assumed that, in , 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 Services provided by the Store.

Order Form – a Service available on the Store’s website, by means of which the Customer may 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 possibility to determine and modify the Order data, in including the quantity of the purchased Products.

Store – an Internet service, belonging to the Seller, available at domain: https://robertproch.org, through which the Customer can purchase Goods from the Seller.

Vendor – BOSKA pszczoła Natalia Martin of located in Golębie 39, 06-150 Świercze, NIP: 6652717218, REGON: 389049772, who, while carrying out a gainful or professional activity, offers sales via its website.

Goods – a movable thing traded between the Store and 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 OF ORDERS

(1) The condition for the use of Store is to read these Regulations and accept them. 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 the 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 tab of the Store, 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 confirmation of the purchase.

4 Entrepreneurs, considered to be 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 moment 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 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 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 in the case of an order paid by traditional transfer – begins after the payment for the placed order is credited to the Store’s bank account.

c) in in the case of placing an order payable by card: the order processing time is calculated from the moment of positive authorization of payment.

7 Orders placed at Store are processed during hours of operation of the Store (on working days, Monday through Friday, at hours, 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 the Seller’s statement about acceptance of the offer. From the moment of its receipt, 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 of the Customer with Store is: e-mail – sklep@boskapszczola.pl

11.The price specified in 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 price, as it depends on the method of delivery of the purchase chosen by the Customer.

12. the Seller reserves the right to change prices located in Store, introduce new Goods for sale, carry out and cancel promotional actions, or make changes in them, in accordance with applicable laws.

(13) If the Consumer will be required to pay more than the agreed price, described in the previous paragraph, the Shop will immediately inform the Consumer about this fact, explaining the reason for the price difference. The Consumer will be charged with additional costs only after obtaining the express consent of the Consumer.


4. DELIVERY AND TRANSPORTATION COSTS

1. the execution of shipping of the order in Store is carried out through:

– InPost parcel machines

– InPost courier

(2) Orders placed at Store are processed only on business days. Orders placed on Saturdays, Sundays and holidays will be fulfilled on the nearest business day.

3. waiting time for delivery is usually: 3 working days. The waiting time consists of the processing time of the order, and so the completion of the Goods for the order and the expected delivery time, which is from 24 hours, in case of Poland.

4 The seller is not responsible for delays resulting from the fault of the carrier.

(5) When receiving a shipment delivered by a courier, the Customer should his presence carefully check the contents and the 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. in within the operation of the Store the following forms of payment are available:

A. Traditional transfer

B. Fast online transfers 

C. BLIK

D. Payment cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro.

E. Pay Pal

(3) The customer who has chosen the option of payment by bank transfer is obliged to pay for the order placed, within up to five (5) working days, from the date of placing the order. In otherwise, the Seller’s offer is not binding and the order is removed from the system. In title of payment it is sufficient to provide only the number of the order being placed. It is possible to extend the deadline for payment, with prior notification of this fact 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 art. 556 and subsequent of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws from 2020, item 1740 , with as amended).

(2) Physical defect of the Goods consists in non-compliance of the sold Goods with the contract, which occurs when:

  • The goods do not have the properties that they should have from due to the purpose of the contract, resulting from circumstances or purpose;
  • The goods do not have the properties about which the Seller assured the Customer;
  • The goods are not suitable for the purpose, about which 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 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 in use or disposition results from decision or ruling of a competent authority.

(4) In the case of the Consumer, public assurances of the manufacturer or the entity that places the Goods on the market, within the scope of its business activity, or which presents itself as the manufacturer, shall be treated equally with assurances of the Seller. However, the Seller shall not be liable when such assurances did not know or could not have known them, or when such assurances could not have influenced the Consumer’s decision to conclude the contract of sale, and also when the content of such assurances was corrected before the conclusion of the contract of sale.

5. the Seller shall be liable from under the 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 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 is 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 was discovered before the expiration of one year from the date of delivery of the sold thing, it is presumed that the defect or its cause existed at the moment the danger passed to the buyer.

(8) If the Goods have a defect, the Customer may make a statement about reducing the price or withdrawing from the contract, unless the Seller immediately replaces the defective Goods with defect-free ones 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 defects proposed by the Seller, demand the replacement of the Goods with defect-free ones, or instead of the replacement of the Goods demand the removal of the defect, unless bringing the Goods into conformity with the agreement in the way chosen by the Consumer is impossible or would require excessive costs in comparison with the way 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. data of the person making the complaint (name and name, mailing address, optionally – e-mail address and contact phone number);

b. indicating the reason for the complaint and the content of the request;

c. the Order number, as shown in confirmation of acceptance of the Order;

d. the original or 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 the rights under warranty, 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 case of effective withdrawal from the contract, the Seller undertakes to refund the payment within a period of fourteen (14) days, from the date of receipt of the withdrawal from the contract, with reservation that the refund of payments will not take place until the Goods from are received back or the Client 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 about 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 is considered that the demand considered justified.

(20) A claim for removal of a defect or replacement of Goods with defect-free Goods shall be time-barred with 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 law on consumer rights from on May 30, 2014. (i.e. Journal of Laws from 2020, item 287 , with as amended), the Consumer may withdraw from the contract of sale of the Goods purchased at Store, without giving any reason, by submitting an appropriate statement in writing, within a period of fourteen (14) days, counting from the date of issuance 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 to the Seller about withdrawal from the contract. A model statement is attached as Appendix No. 1 to these Regulations.

3. the statement about withdrawal from the contract should be sent to: sklep@boskapszczola.pl

(4) The consumer shall return the Goods to the Seller in within fourteen (14) days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to send back 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 statement of withdrawal from the contract, will return to the Consumer all payments made by the Consumer, in including the cost of delivery of the Goods, but the return of payments will not take place until the receipt of the Goods from return or delivery by the Consumer of 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 is not available to the Consumer in with respect to the contract:

  • in which the subject of the service is a non-refabricated item, produced to the Consumer’s specifications or serving to meet his individualized needs;
  • in which the object of performance is a perishable item or having a short shelf life;
  • in which the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening the packaging from for health or hygienic reasons, if the packaging has been opened after delivery;
  • in which the subject of performance are things which, after delivery, from due to their nature, are inseparably connected with 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 supply of daily newspapers, periodicals or magazines, with the exception of the 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 about 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 meaning adopted for the purposes of these Regulations (see definition of “Consumer”).


8. OUT-OF-COURT DISPUTE RESOLUTION

(1) In , if 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 you should apply to for mediation. As a rule, the procedure is free of charge. A 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 an application 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 district 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 his personal data, for the purpose of processing and handling the order, by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in connection with 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.

(2) The administrator of personal data, provided by the Customer, when using Store, is the Seller.

(3) Personal data, located in database of the Seller, shall not be transferred to entities that do not participate in implementation of the Sales Agreement.

4 The customer in accordance with art. 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 in connection with processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Regulation on data protection), OJ L 119, 4.5.2016, p. 1-88 has the right to access his/her personal data, may request their correction or deletion. The Vendor provides 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 execution of the Agreement for the sale of Goods located on the website of the Store.

(2) The sales contract is concluded between the Customer and Seller.

3. the Regulations are available to all customers in electronic version on the website of the Store 

(4) In order to be able to use Store Services, it is necessary to have equipment that allows access to the Internet and an Internet 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. matters not regulated by these Regulations shall be governed by the relevant provisions of generally applicable law.

(7) The Regulations do not exclude and do not limit any rights of the Customer, being a Consumer, which he is entitled to under mandatory provisions of law. In case of a contradiction between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, these provisions shall take precedence.

(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 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 applies also 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 and name: ________________

Address: ________________

E-mail: ________________

Tel: ________________

Entrepreneur:

Name: 

Address: 

FORM OF WITHDRAWAL BY THE CONSUMER OR ENTREPRENEUR ON THE RIGHTS OF THE CONSUMER FROM THE CONTRACT FOR PROVISION OF SERVICES

Hereby, acting pursuant to Article 27 of the Law on consumer rights of on May 30, 2014. (i.e. Journal of Laws from 2020, item 287 , with as amended), as reads:
Article 27 of the Law on consumer rights

A consumer who has concluded a contract at a distance or off-premises may, within 14 days, withdraw from the contract without stating a reason and without incurring costs, with exception of the costs specified in art. 33, art. 34(2) and art. 35.

I inform about withdrawal from the contract, concluded on _______________, consisting of:
___________________________________________________________________

___________________________________________________________________

In connection with above, I kindly request to refund the following monetary amount, resulting from withdrawal: ______ 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)

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