RULES AND REGULATIONS
§ 1 General provisions
1. The owners and administrators of the Online Store, operating under the address: www.bik.waw.pl are Jan Brejtfus and Krzysztof Biedniak, who carry on business activity under the company name of “BiK”, based in ul. Pszczelińska 80, 05-805 Otrębusy, entered into the Central Registration and Information on Business of Poland, kept by Ministry of Economy with Statistical Number (REGON): 012261091, Taxpayer Identification Number (NIP): 534-001-79-47, e-mail firstname.lastname@example.org, phone number (22) 729 93 11, hereafter referred to as Service Provider;
2. Present Terms & Conditions refer to Consumers and to Entrepreneurs using Online Store as well.
3. The administrator of personal data processed in reference to these Terms & Conditions is Service Provider. All personal data is processed in purposes, range and in accordance with the rules of Terms & Conditions of Online Store. Provision of personal data is voluntary and each person, whose personal data is processed by the Service Provider has the right to review his/her personal data and to correct or modify it.
§ 2 Definitions:
1. Working day – means one weekday from Monday to Friday excluding public holidays.
2. Order Form – Electronic Service, interactive form available in Online Store, enabling Order placement, specifically by adding Products to an electronic basket and defining terms of Sales Contract, including shipping and payment.
3. Account – Electronic Service, a collection of resources in the IT system of Service Provider, distinguished with individual name (login) and password provided by Customer. It contains data provided by Customer and information about his Orders placed in Online Store.
4. Buyer – natural person holding full capacity to act in law, also, in cases described in effective, common law a natural person with limited capacity to act in law; juridical person or organizational unit without legal personality, which has capacity to act in law granted by the act of law – who already has concluded or is planning to conclude a Sales Contract with the Seller.
5. Civil Code – Bill on Civil Code of April 23rd, 1964 (Journal of Laws, 1964 nr 16, position 93 with later changes).
6. Product – an item available in Online Store, being a subject of a Sales Contract held between a Customer and a Seller.
7. Online Store – online store of Service Provider, available under the Internet address of www.bik.waw.pl
8. Seller; Service Provider – entity providing sale services with the use of the Online Store on terms specified in present Terms & Conditions.
9. Sales Contract – an agreement on selling the Product, held between a Buyer and a Seller with the help of Online Store.
10. Electronic Service – service provided by electronic means by Service Provider for the Service Buyer with the help of Online Store.
11. Customer – natural person holding full capacity to act in law, also, in cases described in effective, common law a natural person with limited capacity to act in law; juridical person or organizational unit without legal personality, which has capacity to act in law granted by the act of law – using or planning to use the Electronic Service.
12. Bill on Consumer Rights, Bill – Bill of May 30th, 2014 on Consumer Rights (Journal of Laws of 2014, pos. 827 with later changes).
13. Order – declaration of will of a Buyer, placed with an Order Form and leading directly to concluding the Sales Contract with the Seller.
§ 3 Electronic services in the online store
1. Online Store provides Electronic Services in the shape of Account and the Order Form.
2. Account – using the Account is possible after performing three consecutive steps by the Buyer:
a) filing the Registration Form,
b) clicking on „Set up the Account” button
In the Registration Form the Customer must include following data: name and surname/company name, address (street name, house/apartment number, postal code, city, country), e-mail address, contact phone number and password. Buyers not being consumers must also provide company name and NIP (tax identification number).
3. Electronic Service: Account is rendered free of charge for indefinite time. Customer has an opportunity to delete the Account anytime and without informing about the reasons of such decision.
4. Order Form – using the Order Form starts with adding the first Product to an electronic basket in the Online Store by the Buyer.
5. In the Order Form Buyer must provide following information about himself:
a) name and surname/company name
b) address (street name, house/apartment number, postal code, city, country)
c) e-mail address
d) contact phone number and
e) data regarding to the Sales Contract: Product/s, quantity, Product delivery details.
6. Buyers not being consumers must also provide company name and NIP (tax identification number).
7. Electronic Service: Order Form is rendered free of charge, is of one-time use and is terminated in the moment of placing an Order by its proxy or in the moment of termination of placing the Order by its proxy by Buyer.
8. Technical requirements necessary to cooperate with the IT system of Service Provider: computer, laptop or other multimedia device with an access to the Internet; access to e-mail, web browser. Suggested minimum screen resolution: 1368×768; Cookies and Javascrpit should be enabled in the browser.
9. Customer is obliged to use the Online Store in a good and lawful manner and with respect to personal data, copyright laws and intellectual property of the Seller and third parties. The Buyer is obliged to provide data in accordance with actual facts. Buyer is forbidden to provide illicit content.
§ 4 Complaint mode
1. Buyer’s complaints relating to Electronic Services provided by the Seller and all the complaints related to the functioning of Online Store can be lodged by the Buyer:
a) In a written form on the following address: ul. Pszczelińska 80, 05-805 Otrębusy;
b) In an electronic form on the e-mail address: email@example.com
2. Buyer is suggested to include following information in the complaint description:
a) Information and circumstances regarding to the subject of the complaint, specifically date and kind of occurrence of irregularity;
b) Buyer’s demands and
c) Contact info of the person filing the complaint – it will facilitate the examination of the complaint by Service Provider.
Requirements listed in point 2 are only recommendations and doesn`t affect the effectiveness of the complaint lodged without suggested description.
2. Examination of the complaint occurs without delay, not later than 14 calendar days after the date of lodging the complaint.
§ 5 Conditions of concluding Sales Contracts
1. Sales Contact conclusion between Buyer and Seller occurs after the Customer had placed the Order with the Order Form in Online Store.
2. The price of a Product in Online Store is gross price in PLN and includes taxes.
3. About the total price of the Product (including taxes) being ordered, shipment and all other costs (even when one cannot estimate these costs, but they must be paid) Buyer is informed through pages of Online Store during the placement of an Order, including the moment of declaration of will of the Buyer to bind himself with the Sales Contract.
4. Procedure of concluding Sales Contracts in Online Store with the help of Order Form:
a) Conclusion of Sales Contract between the Seller and the Buyer takes place after former placing the Order in the Online Store by the Customer.
b) After placing the Order, the Seller immediately confirms its obtainment and accepts the Order for fulfilment. Confirmation of Order obtainment and of its acceptance for fulfilment takes place through an e-mail from the Seller to the Buyer, sent on the e-mail address provided by Buyer during the Order placement procedure. This e-mail should contain statement of the Seller on Order obtainment and accepting it for fulfilment and confirmation of Sales Contract conclusion. At the moment of receiving mentioned e-mail by the Buyer, a Sales Contract between the Seller and the Buyer is concluded.
§ 6 Cost, means, term and receipt of the Product
1. Delivery of the Product is available in the territory of Poland and countries of European Union.
2. Delivery of the Product to the Buyer is paid, unless the Sales Contract says otherwise. The shipment costs are presented to the Buyer during the Order placement procedure, and also in the moment of declaration of will of the Buyer to bind himself with the Sales Contract.
3. Personal pickup of the Product by Buyer is free of charge.
4. Product is delivered by specialized courier companies.
5. Personal pickup is possible under the address: ul. Pszczelińska 80, 05-805 Otrębusy – from 07:00 to 15:00 on working days.
6. The time of delivery of the Product to Buyer is seven working days in the territory of Poland and from 7 to 18 working days to EU countries. The shipment time starts on e-mail confirmation of the Order acceptance, which is also the conclusion of Sales Contract.
7. The time of readiness of the Product to be picked up by the Buyer – if the Buyer choses to pick up the Product personally, the Product will be ready to be picked up by the Buyer up to 7 working days. The Seller will inform the Buyer about the readiness of the Product to be picked up with an e-mail, sent on the e-mail address provided by Buyer during the Order placement procedure. The time of the readiness of the Product to be picked up by the Buyer starts on the day of the Sales Contract conclusion.
8. The cost and the time of the delivery of the Product outside the EU countries can be estimated after the former phone or e-mail contact.
§ 7 Product complaint
1. Basis and responsibilities of the Seller for the Product due to natural or legal defect (warranty) are defined by applicable law, particularly in the Civil Code.
2. The Seller is obliged to deliver the Product without any flaw to the Buyer.
3. The complaint can be lodged with the Item Return Form (annex no. 1 to the present Terms & Conditions) by the Buyer:
a. In a written form on the following address: ul. Pszczelińska 80, 05-805 Otrębusy;
b. In an electronic form on the e-mail address: firstname.lastname@example.org
4. Buyer is suggested to include following information in the complaint description:
d) Information and circumstances regarding to the subject of the complaint, specifically date and kind of occurrence of irregularity;
e) Buyer’s demand to made the Product in accordance with the Sales Contract or to withdraw from the Sales Contract;
f) Contact info of the person filing the complaint – it will facilitate the examination of the complaint by Seller.
Requirements listed in point 4 are only recommendations and doesn`t affect the effectiveness of the complaint lodged without suggested description.
5. Follow-up to the complaint by the Seller shall be immediate, but not longer than 14 calendar days from the date of its submission. In case of lack of response within that period, complaint shall be considered as justified.
6. In case when the delivery of the Product from the Buyer to the Seller will prove necessary to conduct examination of the Buyers complaint or to execute warranty laws of the Buyer, he will be asked to deliver the product to the Seller at the expense of the later on address: ul. Pszczelińska 80, 05-805 Otrębusy. However, if because of the kind of irregularity, Product itself or the means of his assembly such delivery would be impossible or very difficult, the Buyer will be asked – after the former agreement on the date – to grant access to the Product to the Seller on its current site.
7. The Product delivery request, which is mentioned in point 6 has no effect on the time, in which the follow-up to the complaint by the Seller shall be issued and does not break the right of the Buyer to demand the dismantling the defective Product by the Seller and his renewed assembly after its replacement or removing the irregularities, mentioned in art. 561 of the Civil Code.
§ 8 Withdrawal rights
1. The Customer who has concluded the Sales Contract online, may withdraw from it within 14 calendar days, without giving any reason and at no cost, except for the costs referred in § 8 of present Terms and Conditions. To comply with this deadline, it is enough to send a statement not later than 14 calendar days from the date of the Sales Contract conclusion. The Customer may report the statement of withdrawal by:
a. In a written form on the following address: ul. Pszczelińska 80, 05-805 Otrębusy;
b. In an electronic form on the e-mail address: email@example.com
2. The Withdrawal Statement is included in annex no. 2 to the present Terms & Conditions.
3. The period of withdrawal begins for contracts performed by the Seller seem product, being obliged to transfer his ownership (eg. Sales Contract) – from taking the Product in the possession of the Customer or a person designated by the third party other than the carrier.
4. In case of withdrawal from a Sales Contract concluded online, the Sales Contract is considered as not binding.
5. I case of receiving the withdrawal statement from the Buyer, the Seller is obliged to immediately (not later than 14 days since the date of obtainment of withadrawal statement) refund all payments made by the Buyer, including the cost of the Product delivery. The Seller shall refund the payment by using the same way of payment, which was used by the Buyer, unless the Buyer has agreed on different costless way of refund. Unless the Seller has offered to receive the Product from the Buyer personally, the Seller may suspend the refund of payments until the moment of Product return or the moment the Buyer has supplied the evidence of its return, depends on which event occurs first.
6. The Buyer is obliged, not later than 14 calendar days from the date on which withdrew from the Sales Contract, to return the Product to the Seller or give it to a person authorized by the Seller, unless the Seller has offered to receive the Product from the Buyer personally. To comply with this deadline it is enough to return the Product before the deadline mentioned above. The Buyer may return the Product to the address as follows: Pszczelińska 80, 05-805 Otrębusy.
7. The Buyer is responsible for the reduction in value of the Product as a result of use beyond established way, characteristics and functioning of the Product.
8. The Buyer bears the direct costs of the Product returning.
9. In case of purchasing the Product considered as a service, which was provided – on a distinct demand of the Buyer – before the withdrawal statement, the Buyer is obliged to pay for the services provided until the date of withdrawal statement. The amount of the price shall be calculated in proportion to the fulfilled benefits regarding the price concluded in Sales Contract. If the price is excessive, the basis for the calculation of the amount shall be the market value of the benefit fulfilled.
1. Administrator of the personal data provided by the Buyers is the Seller.
2. Personal data shall be processed by the Seller in accordance with the Act of 29 August 1997 on personal data protection and Law on electronic services of 18 July 2002 (Journal of Acts 2002 nr 144, pos. 1204 with later changes). The Buyer, when providing personal data necessary for the Order placement, gives his consent to the Seller for processing it in order to fulfil the placed Order. The Buyer has the right to access his/her personal data, correct them and demand their removal at any time.
§ 10 Final Provisions
1. All Sales Contracts concluded via Online Shop are done in Polish.
2. The Service provider reserves the right to make amendments to the Terms & Conditions due to important reasons as: law changes, changes in ways of payment and delivery – in the fields where changes affect provisions of these Terms & Conditions.
3. In cases not mentioned by these Terms & Conditions, applicable provisions of Polish law are applied.
|ATTACHMENT 1||ITEM RETURN FORM|
|ATTACHMENT 2||WITHDRAWAL STATEMENT – FORM|