BOSPAL SHOP TERMS AND CONDITIONS

Regulations of the BOSPAL online store

defining, among others, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store, and the Consumer’s rights.

TABLE OF CONTENTS

 

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order fulfillment

§ 7 Right to withdraw from the contract

§ 8 Exceptions from the right to withdraw from the contract

§ 9 Complaints

§ 10 Personal data

§ 11 Reservations

Annex No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding statutory holidays in Poland. Civil Code – the Act of April 23, 1964 Civil Code. Consumer – a consumer within the meaning of the Civil Code. Account – a free function of the Store (service provided electronically), regulated by separate regulations, thanks to which each entity using the Store can set up its individual account in the Store. Buyer – any entity buying in the Store. Privileged Buyer – a Buyer who is a Consumer or a Privileged Entrepreneur. Privileged Entrepreneur – a natural person entering into a contract with the Seller directly related to her business activity, but not having a professional character for her. Regulations – these regulations.

Store – the BOSPAL online store run by the Seller at https://bospal.com. Seller – EDDI COMPLEX D.DUDYS LIMITED PARTNERSHIP with its registered office at ul. Krakowska 98A, 32-650 Kęty, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR KRAKÓW ŚRÓDMIEŚCIE IN KRAKÓW, XII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0000479622, NIP 5492436294, REGON number 12295884600000.

Consumer Rights Act – Act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

Mailing address: ul. Stara Droga 1, 32-600 Oświęcim Email address: info@bospal.com Phone: +48 533 329 870 or +48 662857449 Return address (in case of withdrawal from the contract): ul. Stara Droga 1, 32-600 Oświęcim Address for sending the claimed goods: ul. Stara Droga 1, 32-600 Oświęcim

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, you need: a device with Internet access, a web browser supporting JavaScript and cookies. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

The prices of products visible in the Store are total prices for the product.

The Seller points out that the total price of the order consists of the price for the product and, if applicable, the cost of delivering the goods indicated in the Store. The selected product to be purchased should be added to the basket in the Store. Then the Buyer chooses the method of delivery of the goods and the method of payment for the order from the options available in the Store, and also provides the data necessary to fulfill the placed order.

The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer. Placing an order is synonymous with concluding a contract between the Buyer and the Seller. The Buyer can register in the Store, i.e. set up an Account in it, or make purchases without registration by providing his data with each possible order.

§ 5 PAYMENTS

You can pay for the placed order by regular transfer to the Seller’s bank account. If the Buyer chooses payment in advance, the order should be paid within 3 working days from placing the order. When shopping in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw his acceptance.

§ 6 ORDER FULFILLMENT

The order fulfillment time is indicated in the Store. In the case when the Buyer chose payment in advance for the order, the Seller will proceed to fulfill the order after it has been paid. In a situation where the Buyer purchased products with different delivery times within one order, the order will be fulfilled within the time appropriate for the product with the longest delivery time. The goods are delivered only on the territory of the Republic of Poland. Products purchased in the Store are delivered – depending on the method of delivery chosen by the Buyer: via a courier company.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

The Privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day: on which the Privileged Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods; on which the Privileged Buyer came into possession of the last goods, batch or part or on which a third party, other than the carrier and indicated by the Privileged Buyer, came into possession of the last goods, batch or part, in the case of a contract obliging to transfer ownership of multiple goods that are delivered separately, in batches or in parts.

In order for the Privileged Buyer to be able to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by means of a clear statement (for example, a letter sent by post or email). The Privileged Buyer can use the model withdrawal form placed at the end of the Regulations, but it is not mandatory.

To keep the deadline to withdraw from the contract, it is enough that the Privileged Buyer sends information about the exercise of the right to withdraw from the contract before the deadline to withdraw from the contract.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

In the event of withdrawal from the contract, the Seller returns to the Privileged Buyer all payments received from him, including the cost of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Privileged Buyer other than the cheapest usual method of delivery offered by the Seller), immediately, and in any case not later than 14 days from the day on which the Seller was informed about the decision of the Privileged Buyer to exercise the right to withdraw from the contract.

The Seller will make the refund using the same payment methods that were used by the Privileged Buyer in the original transaction, unless the Privileged Buyer has agreed to a different solution, in any case the Privileged Buyer will not incur any fees in connection with this return. If the Seller has not offered to collect the goods from the Privileged Buyer himself, he may withhold the refund until he receives the goods or until he is provided with proof of its return, depending on which event occurs first.

The Seller asks to return the goods to the address: ul. Stara Droga 1, 32-600 Oświęcim immediately, and in any case not later than 14 days from the day on which the Privileged Buyer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the deadline of 14 days.

The Privileged Buyer bears the direct cost of returning the goods. The Privileged Buyer is only responsible for reducing the value of the goods resulting from using it in a way other than was necessary to establish the nature, characteristics and functioning of the goods. If the goods, due to their nature, cannot be returned by regular post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Privileged Buyer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order. In the event of the need to return funds for a transaction made by the Privileged Buyer with a payment card, the Seller will make a refund to the bank account assigned to this payment card.

§ 8 EXCEPTIONS FROM THE RIGHT TO WITHDRAW FROM THE CONTRACT

The right to withdraw from a distance contract, referred to in § 7 of the Regulations, does not apply to a contract: in which the subject of the service is a non-prefabricated item, produced according to the specifications of the Privileged Buyer or serving to satisfy his individualized needs; in which the subject of the service is goods that deteriorate quickly or have a short shelf life; in which the subject of the service is goods delivered in a sealed package, which cannot be returned due to health protection or hygiene reasons if the package was opened after delivery; in which the subject of the service are goods that, after delivery, due to their nature, are inseparably mixed with other items.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

The Seller is liable to the Privileged Buyer for the conformity of the service with the contract, as provided for by generally applicable laws, including in particular the Consumer Rights Act.
The Seller asks to submit complaints to the postal or electronic address indicated in § 2 of the Regulations.
If a warranty has been granted for the product, information about it, as well as its conditions, is available in the Store.
Complaints about the operation of the Store should be directed to the e-mail address indicated in § 2 of the Regulations.
The Seller will respond to the complaint within 14 days from the day of its receipt.

II PRIVILEGED BUYERS

Goods

In case of non-conformity of the goods with the contract, the Privileged Buyer has the possibility to use the rights specified in chapter 5a of the Consumer Rights Act.
The Seller is liable for the non-conformity of the goods with the contract, existing at the time of its delivery and revealed within two years from that moment, unless the shelf life of the goods, determined by the Seller, his legal predecessors or persons acting on their behalf, is longer.
Under the provisions of the Consumer Rights Act, the Privileged Buyer may in any case demand:
exchange of goods,
repair of goods.
In addition, the Privileged Buyer may submit a statement about:
price reduction,
withdrawal from the contract
in the situation when:
The Seller refused to bring the goods into conformity with the contract in accordance with art. 43d sec. 2 of the Consumer Rights Act;
The Seller did not bring the goods into conformity with the contract in accordance with art. 43d sec. 4-6 of the Consumer Rights Act;
the non-conformity of the goods with the contract still exists, despite the fact that the Seller tried to bring the goods into conformity with the contract;
the non-conformity of the goods with the contract is so significant, that it justifies a price reduction or withdrawal from the contract without prior use of the remedies specified in art. 43d of the Consumer Rights Act;
from the Seller’s statement or circumstances it clearly follows that he will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Privileged Buyer.
In the case of goods subject to repair or replacement, the Privileged Buyer should make this goods available to the Seller. The Seller collects the goods from the Privileged Buyer at his own expense.
The Privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
In case of withdrawal from the contract, referred to in this section (concerning goods), the Privileged Buyer immediately returns the goods to the Seller at his expense, to the address ul. Stara Droga 1, 32-600 Oświęcim. The Seller returns the price to the Privileged Buyer immediately, no later than within 14 days from the day of receiving the goods or proof of its dispatch.
The Seller returns to the Privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the Privileged Buyer’s statement about the price reduction.

Out-of-court ways of dealing with complaints and pursuing claims

In case the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
mediation conducted by the appropriate territorial Voivodship 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 is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php;
help of the appropriate territorial permanent amicable consumer court operating at the Voivodship Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php;
free help of the city or county Consumer Ombudsman;
online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

III BUYERS OTHER THAN PRIVILEGED BUYERS

In case of a defect in the goods, a Buyer other than a Privileged Buyer has the possibility to complain about the defective goods on the basis of the warranty regulated in the Civil Code.
According to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur, loses the rights under the warranty if he did not examine the goods in time and in a manner accepted for goods of this kind and did not immediately notify the Seller of the defect, and in case the defect appeared only later – if he did not notify the Seller immediately after its detection. To keep the above deadline, it is enough to send a notification of the defect before its expiry.
Using the warranty, a Buyer other than a Privileged Buyer may, on the terms specified in the Civil Code:
submit a statement about price reduction,
in case of a significant defect – submit a statement about withdrawal from the contract,
demand replacement of the goods with one free from defects,
demand removal of the defect.
If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, a Buyer other than a Privileged Buyer is obliged to deliver this goods to the address ul. Stara Droga 1, 32-600 Oświęcim.
To avoid doubts, the Seller points out that the Seller’s liability towards a Buyer other than a Privileged Buyer, related to the complaint, applies the provision of § 11 par. 5.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information about the processing of personal data by the Seller – including about other purposes and bases of data processing, as well as about data recipients – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the general regulation of the European Parliament and the Council (EU) on data protection – “GDPR”.

The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the implementation of orders. The basis for processing personal data in this case is: a contract or actions taken at the request of the Buyer, aimed at its conclusion (art. 6 par. 1 lit. b GDPR), the legal obligation incumbent on the Seller related to accounting (art. 6 par. 1 lit. c GDPR) and the legitimate interest of the Seller, consisting in processing data for the purpose of establishing, pursuing or defending possible claims (art. 6 par. 1 lit. f GDPR).

Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store. The Buyer’s data provided in connection with purchases in the Store will be processed until: the contract concluded between the Buyer and the Seller ceases to be valid; the Seller will no longer be legally obliged to process the Buyer’s data; the possibility of claiming claims by the Buyer or the Seller related to the contract concluded by the Store will cease; the Buyer’s objection to the processing of his personal data will be accepted – in the case when the basis for data processing was the legitimate interest of the Seller – depending on what applies in a given case and what will happen last. The Buyer has the right to request: access to his personal data, their rectification, deletion, restriction of processing, transfer of data to another administrator and also the right: to object at any time to the processing of data for reasons related to the particular situation of the Buyer – against the processing of his personal data, based on art. 6 par. 1 lit. f GDPR (i.e. on the legitimate interests pursued by the Seller).

In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of the Regulations. In case the Buyer considers that his data is processed contrary to the law, the Buyer may submit a complaint to the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

It is forbidden for the Buyer to provide unlawful content. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the time and purpose of order execution. Contracts concluded on the basis of the Regulations are concluded in Polish.

In case of a possible dispute with a Buyer who is not a Privileged Buyer, the competent court will be the court competent for the Seller’s seat. Any liability of the Seller towards a Buyer who is not a Privileged Buyer under the concluded contract is limited – within the limits permitted by law – to the amount of the order placed by the Buyer, as a result of which the contract was concluded, and to 1 year from the conclusion of this contract.

Annex No. 1 to the Regulations

Below is a model withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to use:

MODEL WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

EDDI COMPLEX D.DUDYS LIMITED PARTNERSHIP ul. Krakowska 98A, 32-650 Kęty email address: info@bospal.com

– I/We(*) …………………………………………………………… hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / the provision of the following service(*):………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

– Date of contract conclusion(*)/receipt(*)…………………………………………………………………………………………………………………………………………………………

– Name and surname of the Consumer(s) / Privileged Entrepreneur(s):…………………………………………………………………………………………………………………………………………………………

– Address of the Consumer(s) / Privileged Entrepreneur(s):………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Signature of the Consumer(s) / Privileged Entrepreneur(s) (only if the form is sent in paper version)

Date ……………………………………..

(*) Cross out what is not applicable.